CHAPTER 364. CRIMINAL OFFENDERS, REHABILITATION
Table of Sections
|364.03||RELATION OF CONVICTION TO EMPLOYMENT OR OCCUPATION.|
|364.04||AVAILABILITY OF RECORDS.|
|364.05||NOTIFICATION UPON DENIAL OF EMPLOYMENT OR DISQUALIFICATION FROM OCCUPATION.|
|364.08||PRACTICE OF LAW; EXCEPTION.|
|364.10||VIOLATION OF CIVIL RIGHTS.|
The legislature declares that it is the policy of the state of Minnesota to encourage and
contribute to the rehabilitation of criminal offenders and to assist them in the resumption of the
responsibilities of citizenship. The opportunity to secure employment or to pursue, practice, or
engage in a meaningful and profitable trade, occupation, vocation, profession or business is
essential to rehabilitation and the resumption of the responsibilities of citizenship.
History: 1974 c 298 s 1
Subdivision 1. Scope.
For the purposes of sections
, the terms defined in
this section have the meanings given them.
Subd. 2. Occupation.
"Occupation" includes all occupations, trades, vocations, professions,
businesses, or employment of any kind for which a license is required to be issued by the state of
Minnesota, its agencies, or political subdivisions.
Subd. 3. License.
"License" includes all licenses, permits, certificates, registrations, or
other means required to engage in an occupation which are granted or issued by the state of
Minnesota, its agents or political subdivisions before a person can pursue, practice, or engage in
Subd. 4. Public employment.
"Public employment" includes all employment with the state
of Minnesota, its agencies, or political subdivisions.
Subd. 5. Conviction of crime or crimes.
"Conviction of crime or crimes" shall be limited to
convictions of felonies, gross misdemeanors, and misdemeanors for which a jail sentence may
be imposed. No other criminal conviction shall be considered.
Subd. 6. Hiring or licensing authority.
"Hiring or licensing authority" shall mean the
person, board, commission, or department of the state of Minnesota, its agencies or political
subdivisions, responsible by law for the hiring of persons for public employment or the licensing
of persons for occupations.
History: 1974 c 298 s 2
364.03 RELATION OF CONVICTION TO EMPLOYMENT OR OCCUPATION.
Subdivision 1. No disqualification from licensed occupations.
Notwithstanding any other
provision of law to the contrary, no person shall be disqualified from public employment, nor
shall a person be disqualified from pursuing, practicing, or engaging in any occupation for which
a license is required solely or in part because of a prior conviction of a crime or crimes, unless the
crime or crimes for which convicted directly relate to the position of employment sought or the
occupation for which the license is sought.
Subd. 2. Conviction relating to public employment sought.
In determining if a conviction
directly relates to the position of public employment sought or the occupation for which the
license is sought, the hiring or licensing authority shall consider:
(1) the nature and seriousness of the crime or crimes for which the individual was convicted;
(2) the relationship of the crime or crimes to the purposes of regulating the position of public
employment sought or the occupation for which the license is sought;
(3) the relationship of the crime or crimes to the ability, capacity, and fitness required to
perform the duties and discharge the responsibilities of the position of employment or occupation.
Subd. 3. Evidence of rehabilitation.
(a) A person who has been convicted of a crime or
crimes which directly relate to the public employment sought or to the occupation for which a
license is sought shall not be disqualified from the employment or occupation if the person can
show competent evidence of sufficient rehabilitation and present fitness to perform the duties
of the public employment sought or the occupation for which the license is sought. Sufficient
evidence of rehabilitation may be established by the production of:
(1) a copy of the local, state, or federal release order; and
(2) evidence showing that at least one year has elapsed since release from any local, state, or
federal correctional institution without subsequent conviction of a crime; and evidence showing
compliance with all terms and conditions of probation or parole; or
(3) a copy of the relevant Department of Corrections discharge order or other documents
showing completion of probation or parole supervision.
(b) In addition to the documentary evidence presented, the licensing or hiring authority shall
consider any evidence presented by the applicant regarding:
(1) the nature and seriousness of the crime or crimes for which convicted;
(2) all circumstances relative to the crime or crimes, including mitigating circumstances or
social conditions surrounding the commission of the crime or crimes;
(3) the age of the person at the time the crime or crimes were committed;
(4) the length of time elapsed since the crime or crimes were committed; and
(5) all other competent evidence of rehabilitation and present fitness presented, including,
but not limited to, letters of reference by persons who have been in contact with the applicant
since the applicant's release from any local, state, or federal correctional institution.
History: 1974 c 298 s 3; 1986 c 444
364.04 AVAILABILITY OF RECORDS.
The following criminal records shall not be used, distributed, or disseminated by the state
of Minnesota, its agents or political subdivisions in connection with any application for public
employment nor in connection with an application for a license:
(1) Records of arrest not followed by a valid conviction.
(2) Convictions which have been, pursuant to law, annulled or expunged.
(3) Misdemeanor convictions for which no jail sentence can be imposed.
History: 1974 c 298 s 4
364.05 NOTIFICATION UPON DENIAL OF EMPLOYMENT OR DISQUALIFICATION
If a hiring or licensing authority denies an individual a position of public employment or
disqualifies the individual from pursuing, practicing, or engaging in any occupation for which a
license is required, solely or in part because of the individual's prior conviction of a crime, the
hiring or licensing authority shall notify the individual in writing of the following:
(1) the grounds and reasons for the denial or disqualification;
(2) the applicable complaint and grievance procedure as set forth in section
(3) the earliest date the person may reapply for a position of public employment or a
(4) that all competent evidence of rehabilitation presented will be considered upon
History: 1974 c 298 s 5
364.06 VIOLATIONS, PROCEDURE.
Any complaints or grievances concerning violations of sections
be processed and adjudicated in accordance with the procedures set forth in chapter 14, the
Administrative Procedure Act.
History: 1974 c 298 s 6; 1982 c 424 s 130
The provisions of sections
shall prevail over any other laws and rules
which purport to govern the granting, denial, renewal, suspension, or revocation of a license or
the initiation, suspension, or termination of public employment on the grounds of conviction of
a crime or crimes. In deciding to grant, deny, revoke, suspend, or renew a license, or to deny,
suspend, or terminate public employment for a lack of good moral character or the like, the hiring
or licensing authority may consider evidence of conviction of a crime or crimes but only in the
same manner and to the same effect as provided for in sections
. Nothing in
shall be construed to otherwise affect relevant proceedings involving
the granting, denial, renewal, suspension, or revocation of a license or the initiation, suspension,
or termination of public employment.
History: 1974 c 298 s 7; 1985 c 248 s 70
364.08 PRACTICE OF LAW; EXCEPTION.
This chapter shall not apply to the practice of law; but nothing in this section shall be
construed to preclude the Supreme Court, in its discretion, from adopting the policies set forth
in this chapter.
History: 1974 c 298 s 8
(a) This chapter does not apply to the licensing process for peace officers; to law enforcement
agencies as defined in section
626.84, subdivision 1
, paragraph (f); to fire protection agencies;
to eligibility for a private detective or protective agent license; to the licensing and background
study process under chapters 245A and 245C; to eligibility for school bus driver endorsements; to
eligibility for special transportation service endorsements; to eligibility for a commercial driver
training instructor license, which is governed by section
and rules adopted under that
section; to emergency medical services personnel, or to the licensing by political subdivisions of
taxicab drivers, if the applicant for the license has been discharged from sentence for a conviction
within the ten years immediately preceding application of a violation of any of the following:
subdivision 2 or 3
(2) any provision of chapter 152 that is punishable by a maximum sentence of 15 years
or more; or
(3) a violation of chapter 169 or 169A involving driving under the influence, leaving the
scene of an accident, or reckless or careless driving.
This chapter also shall not apply to eligibility for juvenile corrections employment, where the
offense involved child physical or sexual abuse or criminal sexual conduct.
(b) This chapter does not apply to a school district or to eligibility for a license issued or
renewed by the Board of Teaching or the commissioner of education.
(c) Nothing in this section precludes the Minnesota Police and Peace Officers Training
Board or the state fire marshal from recommending policies set forth in this chapter to the
attorney general for adoption in the attorney general's discretion to apply to law enforcement
or fire protection agencies.
(d) This chapter does not apply to a license to practice medicine that has been denied or
revoked by the Board of Medical Practice pursuant to section
147.091, subdivision 1a
History: 1974 c 298 s 9; 1983 c 304 s 5; 1986 c 444; 1Sp1986 c 1 art 9 s 28; 1987 c 378 s
16; 1989 c 85 s 1; 1989 c 171 s 8; 1989 c 290 art 8 s 2; 1990 c 542 s 16; 1991 c 265 art 9 s 69;
1992 c 499 art 8 s 24; 1992 c 578 s 54; 1993 c 159 s 1; 1995 c 18 s 12; 1995 c 226 art 3 s 45;
1997 c 248 s 44; 1Sp1997 c 2 s 58; 1998 c 398 art 5 s 55; 1999 c 191 s 1; 2000 c 478 art 2 s 7;
2001 c 144 s 1; 2003 c 15 art 1 s 33; 2003 c 130 s 12; 2005 c 10 art 2 s 4
364.10 VIOLATION OF CIVIL RIGHTS.
Violation of the rights established in sections
shall constitute a violation of
a person's civil rights.
History: 1974 c 298 s 10