364.01 POLICY. 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, […]
364.02 DEFINITIONS. Subdivision 1. Scope. For the purposes of sections 364.01 to 364.10, 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 […]
364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF CRIMINAL RECORDS. (a) A public or private employer may not inquire into or consider or require disclosure of the criminal record or criminal history of an applicant for employment until the applicant has been selected for an interview by the employer or, if there is not an interview, […]
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 […]
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 […]
364.05 NOTIFICATION UPON DENIAL OF EMPLOYMENT OR DISQUALIFICATION FROM OCCUPATION. 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, […]
364.06 VIOLATIONS; PROCEDURE; REMEDIES. Subdivision 1. Public employers. Any complaints or grievances concerning violations of sections 364.01 to 364.10 by public employers shall be processed and adjudicated in accordance with the procedures set forth in chapter 14, the Administrative Procedure Act. Subd. 2. Private employers. (a) The commissioner of human rights shall investigate violations of […]
364.07 APPLICATION. The provisions of sections 364.01 to 364.10 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, […]
364.08 PRACTICE OF LAW; EXCEPTION. This chapter shall not apply to the practice of law or judicial branch employment; 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; 2009 c 83 art 2 […]
364.09 EXCEPTIONS. (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 […]
364.10 VIOLATION OF CIVIL RIGHTS. Violation of the rights established in sections 364.01 to 364.10 by a public employer shall constitute a violation of a person’s civil rights. History: 1974 c 298 s 10; 2013 c 61 s 6
