Transitions Newsletter

Policy Initiatives

The Spring 2009 legislative session brought some truly positive changes regarding the treatment of ex-offenders in the State of Minnesota. This legislation was developed by the Council on Crime and Justice and supported by members of the Second Chance Coalition, a group of organizations with a commitment to the fair treatment of ex-offenders so that they may become fully-contributing members of their communities. The legislature passed three bills that directly and positively impact ex-offenders seeking employment and/or higher education.

1. “Ban the Box” – Minn. Stat. § 364.021 (authored by Senator Ron Latz and Representative Sheldon Johnson)

On July 1, 2009, Minnesota will become the first state to require all public employers throughout the state to wait until someone has been selected for an interview before inquiring into his or her criminal history. This legislation takes its name from the ubiquitous box on job applications that must be checked if the applicant has ever been convicted of a crime. As a result of this legislation, such a box will no longer appear on public employment job applications. The goal of this legislation is to provide individuals who have criminal records with more opportunities to be evaluated based upon all of their skills and qualifications, not just their criminal record. It also provides employers with a more diverse applicant pool.

However, there are four limitations to this legislation. First, it does not apply to private employers, although hopefully more will adopt the policy voluntarily as a “best practice” model. Second, it does not prevent the public employer from asking about criminal history during the job interview or later. Third, the new law does not apply to the Department of Corrections or to public 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. Some examples of such employers are law enforcement agencies, fire protection agencies, and the Department of Human Services licensed positions. Fourth, the law does not prevent a public employer from notifying applicants that the law or the employer’s policy will disqualify an individual with a particular criminal history background from employment in a particular position.

2. “Safe Hiring” – Minn. Stat. § 181.96 (authored by Senator Mee Moua and Representative Bobby Champion)

Effective on August 1, 2009, this law will both begin to clarify the liability of employers for hiring someone with a criminal record and limit liability regarding certain records. Minnesota is one of thirty-six states that holds employers liable for the negligent hiring of individuals with violent backgrounds. The goals of this legislation are to provide accurate information on such liability in order to encourage the hiring of individuals who could be hired safely AND to limit such liability as a matter of law.

Minnesota Statute section 181.96 limits the admission of evidence of an employee’s criminal record against an employer if: (1) the duties of the position did not expose others to a greater degree of risk than that created by the employee interacting with the public outside of the duties of the position or that might be created by being employed in general; (2) a court order sealed any record of the criminal case; or (3) the record did not result in a criminal conviction.

Paragraph (1) protects many types of jobs from hiring liability. And even if a position does create a risk, an employer can still be protected if the conviction does not relate to the position or other factors, such as evidence of rehabilitation, mitigate the risk. Paragraph (2) indicates that expungements and pardons protect the employer from liability. Paragraph (3) means that employers cannot be found liable for hiring someone with a record that did not lead to conviction, including: arrests, dismissed charges, stays of adjudication, and juvenile adjudications.

3. Notice to Students Regarding Possible Impact of Criminal Records – Minn. Stat. § 135A.157 (authored by Senator Ron Latz and Representative Sheldon Johnson)

This law requires public or private postsecondary educational institutions within the State of Minnesota to give notice of potential effects of criminal convictions on future employment for people applying for certain degree programs. This legislation was recommended by the Collateral Sanctions Committee of the Minnesota Legislature in response to the stories of a number of students who made their way through college, spending time and money, only to find that their criminal record prevented or inhibited them from finding a job within their field of study. By giving future students the notice required by this law, such students will know that their options may be limited in certain fields before they invest time and money in a particular area of study.

The notice must be given at or before the time of acceptance for admission to the institution and at or before the time a student selects a major. The notice must inform students that arrests, charges, or convictions of criminal offenses may limit employment possibilities in certain fields and occupations and also that such criminal records may limit the student’s ability to obtain financial aid. The notice must encourage students to investigate these possibilities but it must not discourage students from applying for financial aid. However, the law does state that postsecondary educational institutions will not be liable for failing to provide such notice.