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Minnesota Legislature

Office of the Revisor of Statutes

HF 1448

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 05/02/2011 03:10pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 04/14/2011
1st Engrossment Posted on 05/02/2011

Current Version - 1st Engrossment

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A bill for an act
relating to employment; modifying reliance on criminal history for employment
requirements; amending Minnesota Statutes 2010, sections 181.981, subdivision
1; 364.021.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 181.981, subdivision 1, is amended to read:


Subdivision 1.

Limitation on admissibility of criminal history.

Information
regarding a criminal history record of an employee or former employee may not be
introduced as evidence in a civil action against a private employer or its employees or
agents that is based on the conduct of the employee or former employee, if:

(1) the duties of the position of employment did not expose others to a greater degree
of risk than that created by the employee or former employee interacting with the public
outside of the duties of the position or that might be created by being employed in general;

(2) before the occurrence of the act giving rise to the civil action, a court order sealed
any record of the criminal case or the employee or former employee received a pardon; deleted text beginor
deleted text end

(3) the record is of an arrest or charge that did not result in a criminal convictiondeleted text begin.deleted text endnew text begin; or
new text end

new text begin (4) the action is based solely upon the employer's compliance with section 364.021.
new text end

Sec. 2.

Minnesota Statutes 2010, section 364.021, is amended to read:


364.021 PUBLICnew text begin AND PRIVATEnew text end EMPLOYMENT; CONSIDERATION OF
CRIMINAL RECORDS.

(a) A public new text beginor private new text endemployer may not inquire into or consider the criminal record
or criminal history of an applicant for deleted text beginpublicdeleted text end employment until the applicant has been
selected for an interview by the employer.

(b) This section does not apply to the Department of Corrections or to deleted text beginpublicdeleted text end
employers who have a statutory duty to conduct a criminal history background check
or otherwise take into consideration a potential employee's criminal history during the
hiring process.

(c) This section does not prohibit deleted text begina publicdeleted text end new text beginan new text endemployer from notifying applicants
that law or the employer's policy will disqualify an individual with a particular criminal
history background from employment in particular positions.