Examples of Occupations Excluded from the "Ban the Box" Law
Existing laws will continue to protect vulnerable adults and children from people with violent or sexual criminal histories. Additionally, employers may exclude applicants if a crime is relevant to the position's job duties.
However, there are certain occupations for which a criminal background check is required under Minnesota law. In addition, for certain jobs employers are prohibited by law from hiring individuals who have been convicted of certain offenses.
Occupations that frequently require backgrounds check include those that involve working with children, occupations related to public safety, health and human services occupations, as well as a variety of miscellaneous occupations. A few examples include:
- Teachers and other school employees - A background check is required for persons offered employment by a K-12 school, including teachers and athletic and academic extracurricular activity coaches (Minn. Stat. § 123B.03).
- School bus drivers - An applicant with a DWI violation within the past five years, or a record of certain felonies or certain non-felony sex offenses, may be denied a license to work as a school bus driver (Minn. Stat. § 171.321and § 171.3215).
- Peace officers - Any felony conviction in Minnesota or any other jurisdiction disqualifies an applicant from being license as a peace officer (Minn. Stat. § 13.41; § 626.84; § 626.87; and Minn. Rules 6700.0700).
- Private detectives - Private detectives and protective agency employees may not be hired or must be dismissed if a mandatory background check indicates a conviction in Minnesota or elsewhere of any felony or of certain other offense including criminal sexual conduct, theft, robbery, burglary and others. (Minn. Stat. § 268.047, subd. 2, cl. 2 and § 326.336).
- Driver training instructors - A person convicted of a felony or gross misdemeanor may not be licensed and hired as a driver training instructor unless the Commissioner of Public Safety determines the crime does not relate to the position, or the person shows evidence of rehabilitation and fitness to perform the duties. (Minn. Stat. § 171.02; § 171.35; § 171.3215, subd. 3; and Minn. Rules 7411.0620.)
- Racetrack employees - A racetrack owner or employee is disqualified from licensure based on any state or federal felony conviction or pending felony charge, conviction of any level of fraud or misrepresentation in connection with racing or breeding, or any conviction for a serious gambling offense, among other disqualifying criteria. (Minn. Stat., Ch. § 240and § 299L.02)
- Apartment managers and caretakers - Certain felony and non-felony convictions disqualify an individual from being employed as an apartment manager permanently. Other convictions disqualify the manager for a ten-year period following sentence discharge. (Minn. Stat. § 268.047, subd. 2 cl. 2 and § 299C.66 to 299C.71.)
- Residential mortgage originators - Persons convicted of certain criminal offenses involving dishonesty, breach of trust, or money laundering may not serve as residential mortgage originators, or be employed in that capacity by a person licensed as a mortgage originator. (Minn. Stat. § 58.125)
An overview of Minnesota statutes and administrative rules that require or authorize employers to check the criminal records of employees, volunteers, or other individuals has been provided by the House Research Department, and is available online as a PDF.
- EEOC Pre-Employment Inquiries and Arrest & Conviction information
- EEOC Enforcement Guidance - Consideration of Arrest and Conviction Records in Employment Decisions (2012)
- Ban the Box Overview for Private Employers
- Frequently Asked Questions on Ban the Box (FAQ)
- History and Background
- Technical Guidance (PDF)
- Video message from Commissioner Lindsey