Things to Know About Criminal Background Checks in MN

Criminal Background Check MN: A Complete Guide

Criminal background checks are essential tools for assessing an individual’s criminal history and ensuring that they are trustworthy. In Minnesota (MN), these checks are widely used for various purposes, including employment, housing, legal proceedings, and licensing. In this comprehensive guide, we will explore the criminal background check process in Minnesota, its significance, the legal aspects involved, and the steps you need to take to conduct one. This guide will also provide insights for both individuals and businesses looking to obtain background checks in MN.

What is a Criminal Background Check in MN?

A criminal background check in Minnesota (MN) is a screening process used to identify an individual’s criminal history. This includes records of arrests, convictions, and other legal matters. In Minnesota, background checks can be conducted at the state, county, or national level. The process is designed to ensure that people in positions of trust—whether in employment, housing, or other areas—do not pose a risk to public safety.

Criminal background checks are frequently required for a variety of purposes, such as job applications, housing decisions, obtaining a gun permit, or getting professional licenses. They help employers and other organizations make informed decisions about the individuals they engage with, reducing the risk of potential harm or legal issues.

Who Conducts Criminal Background Checks in Minnesota?

In Minnesota, criminal background checks can be conducted by several entities:

• Minnesota Bureau of Criminal Apprehension (BCA): The BCA maintains the Minnesota Criminal History System and provides criminal background checks for individuals and businesses. The BCA is a state law enforcement agency, and it manages the state’s criminal records database.
• Local Law Enforcement: County sheriff’s offices and local police departments can also conduct background checks within their jurisdiction. Local law enforcement records may provide more detailed information on arrests and convictions specific to a county.
• Third-Party Providers: Several private companies, such as ExactBackgroundChecks, offer criminal background check services in Minnesota. These third-party services are often faster and more convenient, allowing businesses and individuals to access comprehensive background reports quickly.

Why Are Criminal Background Checks Important in MN?

Criminal background checks are crucial for a variety of reasons:

1. Employment: Employers conduct criminal background checks to assess whether a potential employee has a history that may pose a risk to their organization or colleagues. It is particularly important in industries such as healthcare, finance, education, and public service.
2. Housing: Landlords and property managers use criminal background checks to ensure that tenants do not have a history of violent behavior, property damage, or other criminal activities.
3. Legal Proceedings: Criminal background checks are used in legal cases to determine a person’s past offenses, which may impact decisions regarding bail, sentencing, or parole.
4. Licensing and Gun Purchases: Certain professions require criminal background checks as part of the licensing process. Additionally, individuals must pass a background check to purchase firearms legally in Minnesota.
5. Safety and Security: For businesses and organizations, criminal background checks serve as a safety measure to prevent hiring individuals who may pose a risk to customers, coworkers, or the public.

Types of Criminal Background Checks in MN

In Minnesota, criminal background checks can be classified into three categories:

1. State-Level Criminal Background Check: This check looks at an individual’s criminal record across the state of Minnesota. The Minnesota Bureau of Criminal Apprehension (BCA) provides statewide criminal history information. It includes data on arrests, charges, convictions, and incarcerations within the state.
2. County-Level Criminal Background Check: Local law enforcement agencies, such as county sheriff’s offices or municipal police departments, can conduct background checks on a county level. These checks may uncover records not available at the state level.
3. National Criminal Background Check: A national background check provides information from across the United States. This includes federal offenses and criminal records from other states, and it is typically conducted by organizations like the FBI or third-party providers such as ExactBackgroundChecks.com.

What Information Is Revealed During a Criminal Background Check in MN?

A criminal background check in Minnesota will typically reveal the following:

• Arrests and Charges: Information about any arrests made, regardless of whether charges were filed or the individual was convicted.
• Convictions: Details about criminal convictions, including felonies, misdemeanors, and other offenses, along with sentencing information.
• Sex Offender Registry: If applicable, the check may reveal if an individual is listed on the Minnesota Sex Offender Registry or other related databases.
• Active Warrants: Information about any outstanding arrest warrants or legal actions pending against the individual.
• Juvenile Records: Certain juvenile offenses may appear in background checks, although access to juvenile records may be limited or restricted.

In the next section, we will discuss the step-by-step process for conducting a criminal background check in Minnesota, how long it takes, and the costs involved.

The Process of Conducting Criminal Background Checks in MN: What You Need to Know

How to Request a Criminal Background Check in Minnesota

There are a few different methods to obtain a criminal background check in Minnesota. Here are the primary ways to request a background check:

1. Through the Minnesota Bureau of Criminal Apprehension (BCA):
   • Individuals or businesses can request a criminal background check directly from the BCA, either online or by mail.
   • Requests can be made for both name-based and fingerprint-based checks.
   • The BCA charges a fee for processing background checks, and results are typically delivered within a few days to a few weeks.
2. Through Local Law Enforcement:
   • County sheriff’s offices and municipal police departments may offer criminal background checks at the local level. Each department may have different procedures, fees, and timelines.
   • Local checks are often more specific to a particular area, so they may not include statewide or national information.
3. Using Third-Party Providers:
   • Private companies, like ExactBackgroundChecks.com, offer fast and reliable criminal background check services. These providers often include state, local, and national databases in their searches.
   • Third-party services are typically faster than requesting a check from the BCA or local law enforcement, and they may provide a more comprehensive report.

Costs Associated with Criminal Background Checks in MN

The cost of a criminal background check in Minnesota varies depending on the method used:

• BCA Criminal History Check: A name-based background check through the BCA typically costs around $8 to $15, while fingerprint-based checks can cost more.
• County or Local Background Check: Fees for local background checks may range from $5 to $25, depending on the jurisdiction.
• Third-Party Providers: Services offered by third-party companies like ExactBackgroundChecks.com may range from $20 to $50 or more, depending on the scope of the check (state, national, fingerprint-based, etc.).

Turnaround Time for Criminal Background Check Results

The turnaround time for criminal background check results can vary based on the method used:

• BCA Checks: Statewide criminal history checks typically take 3 to 10 business days for results.
• Local Law Enforcement: Local checks may take several days to weeks, depending on the specific department and the volume of requests.
• Third-Party Providers: Online background check services usually provide results in 1 to 3 business days.

What to Do if There Are Errors on a Criminal Background Check

If an individual or business finds errors or inaccuracies in a criminal background check, they can dispute the information by following these steps:

1. Contact the Agency: For BCA checks, you can request a review or correction of the information directly with the Bureau of Criminal Apprehension.
2. Provide Supporting Documents: If you have documentation showing that the information is incorrect (e.g., proof of a case dismissal or expungement), submit it to the relevant agency.
3. Follow the Dispute Process: Depending on the type of check, you may need to follow specific steps outlined by the agency or service provider to correct the record.

In the next section, we will explore the legal aspects surrounding criminal background checks in Minnesota, as well as frequently asked questions.

Legal Requirements and Regulations for Criminal Background Checks in Minnesota

Criminal background checks in Minnesota are subject to both state and federal regulations:

1. Minnesota Statutes: Minnesota law requires that employers and other entities adhere to specific regulations when conducting background checks. For instance, employers must obtain written consent from applicants before running a criminal background check.
2. Fair Credit Reporting Act (FCRA): Federal law, particularly the FCRA, sets guidelines for how background checks are conducted and how the information can be used. The FCRA ensures that information collected is accurate, used fairly, and disclosed to the individual when necessary.
3. Ban the Box: Minnesota has “Ban the Box” laws, which prohibit employers from asking about criminal history on job applications. This law ensures that applicants are judged based on their qualifications first, not just their criminal record.

Fair Hiring Laws and Employers’ Use of Criminal Background Checks

Employers must use criminal background checks fairly and avoid discrimination based on an applicant’s criminal history. The Equal Employment Opportunity Commission (EEOC) guidelines suggest that employers:

• Consider the nature of the offense and how long ago it occurred.
• Avoid blanket policies that disqualify applicants with a criminal history for all positions.
• Use background checks as a part of a holistic evaluation process.

FAQs About Criminal Background Checks in Minnesota

Conclusion

Criminal background checks are an essential part of ensuring safety, fairness, and security in Minnesota. Whether for employment, housing, or legal purposes, understanding the process, costs, and legal considerations is vital for individuals and businesses alike. By adhering to the regulations and conducting thorough checks, you can ensure compliance and make informed decisions that promote safety and fairness.