What is Minnesota's Clean Slate law?

Minnesota's Clean Slate law, passed in 2023 and effective January 1, 2025, directs the Bureau of Criminal Apprehension (BCA) to automatically identify and seal eligible criminal records. This means many people will have records sealed without needing to file paperwork or hire a lawyer. Eligible records include petty misdemeanors, misdemeanors, gross misdemeanors, and certain felonies.

What records are eligible for automatic sealing in Minnesota?

Eligible records include petty misdemeanors, misdemeanors, gross misdemeanors, and certain felonies — generally after waiting periods of 2 to 5 years following completion of the sentence. Serious offenses like violent crimes, sex offenses, and DWI are excluded from automatic sealing. The BCA processes these without requiring any action from the individual.

Can a Minnesota employer ask about criminal history on a job application?

No. Minnesota's ban-the-box law applies to all private employers. They cannot ask about criminal history or run a background check until after you've been selected for an interview. If there is no interview in the hiring process, they must wait until after making a conditional offer of employment.

Can an employer use an arrest that didn't lead to conviction against me?

No. Minnesota law restricts the use of arrest records that did not result in a conviction in employment decisions. Employers should only consider actual convictions, and even then must evaluate the relevance of the conviction to the specific job.

How do I check if my record has been automatically sealed?

You can request your criminal history from the Minnesota Bureau of Criminal Apprehension (BCA). If you believe an eligible record has not been automatically sealed, you can contact the BCA or consult with a legal aid organization for assistance. You may also still petition for expungement of records not covered by Clean Slate.

Can I still petition for expungement if Clean Slate doesn't cover my record?

Yes. Petition-based expungement under Minn. Stat. § 609A.02-03 remains available for records that are not eligible for automatic sealing. This includes more serious offenses or situations where you want to seal records before the automatic waiting period has elapsed. Many legal aid organizations can help with the petition process at no cost.

Will a sealed record show up on a Minnesota background check?

No. Once a record is sealed — whether automatically through Clean Slate or by court order — it should not appear on standard background checks. Law enforcement may still have access in limited circumstances, but employers, landlords, and most other entities will not see sealed records.

Minnesota Background Check Laws

No state lookback limitLast updated: 2026-04-01

Minnesota has no time limit on reporting convictions, BUT the new Clean Slate law (effective January 2025) automatically seals eligible records. Ban-the-box applies to ALL private employers — criminal history questions can't come until after the first interview.

Overview

Minnesota follows the federal FCRA default for consumer reporting — convictions can be reported indefinitely by background check companies. However, Minnesota became one of the latest states to pass a Clean Slate law in 2023, with automatic processing effective January 1, 2025. The Bureau of Criminal Apprehension (BCA) identifies and processes eligible records for automatic sealing. Minnesota also has a strong ban-the-box law that applies to all private employers, prohibiting criminal history inquiries until after the initial job interview. Arrest records without conviction cannot be used against applicants.

How Far Back Does a Background Check Go in Minnesota?

Record Type	Rule in Minnesota
Felony Convictions	Specific eligible felonies can be automatically sealed under Clean Slate after a waiting period (generally 5 years after completion of sentence). Non-eligible felonies can be reported indefinitely.
Misdemeanor Convictions	Eligible misdemeanors and gross misdemeanors can be automatically sealed under Clean Slate after waiting periods (generally 2-4 years after completion of sentence). Petty misdemeanors are also eligible.
All Convictions	No state lookback limit for consumer reporting agencies. Convictions can be reported indefinitely under FCRA defaults. However, Minnesota's Clean Slate law (effective January 1, 2025) automatically seals eligible records after waiting periods, removing them from background checks.
Arrests (No Conviction)	Arrest records that did not lead to a conviction cannot be used by employers in hiring decisions. Minnesota law restricts the use of non-conviction records in employment.
Pending Cases	Pending criminal cases can generally be reported since they represent active matters in the court system.

Ban the Box / Fair Chance

Yes — covers private employers

Minnesota's ban-the-box law applies to ALL private employers (not just those above a size threshold). Employers cannot inquire about criminal history or conduct a criminal background check until after the applicant has been selected for an interview. If no interview is conducted, the inquiry cannot happen until after a conditional offer of employment. This is one of the more broadly applied ban-the-box laws in the country.

Effective: 2014-01-01

Clean Slate / Auto-Sealing

Yes — automatic sealing

Minnesota's Clean Slate law was passed in 2023 and took effect on January 1, 2025. The Bureau of Criminal Apprehension (BCA) identifies eligible records and processes them for automatic sealing. Eligible records include petty misdemeanors, misdemeanors, gross misdemeanors, and certain felonies. Waiting periods are similar to petition-based eligibility (generally 2-5 years after completion of sentence, depending on offense level). Certain serious offenses — including violent crimes, sex offenses, and DWI — are excluded from automatic sealing. Individuals can still petition for expungement of records not eligible for automatic processing.

Effective: 2025-01-01

What Employers Can Do in Minnesota

When can employers ask about criminal history?: After the applicant has been selected for an interview. If no interview is part of the hiring process, then after a conditional offer of employment. This applies to all private employers regardless of size.
What can they consider?: Employers may consider unsealed conviction records. Arrest records without conviction should not be considered. Once Clean Slate seals a record, it cannot be considered. Employers should evaluate the direct relationship between the criminal history and the job duties, along with time elapsed and evidence of rehabilitation.
Individualized assessment required?: Yes — employers must evaluate each applicant individually, considering the nature of the offense, time elapsed, and relevance to the job.

Key Laws in Minnesota

Minnesota Clean Slate Act (Chapter 34)(2023)
Provides for automatic identification and sealing of eligible criminal records by the BCA. Covers petty misdemeanors, misdemeanors, gross misdemeanors, and certain felonies after appropriate waiting periods.
Minnesota Ban-the-Box (Minn. Stat. § 364.021)(2014)
Prohibits all private employers from inquiring about criminal history until after an applicant has been selected for an interview. One of the broadest ban-the-box laws nationally.
Minnesota Expungement Statute (Minn. Stat. § 609A.02-.03)
Allows petition-based expungement of criminal records. Covers a broad range of offenses and provides for both judicial and statutory expungement pathways.
Minnesota Human Rights Act (Minn. Stat. § 363A)
Prohibits employment discrimination. The Minnesota Department of Human Rights has guidance on considering criminal records in employment decisions to avoid disparate impact discrimination.

Frequently Asked Questions — Minnesota

How far back does a background check go in Minnesota?: Minnesota has no state law limiting how far back consumer reporting agencies can report convictions — they can report convictions indefinitely under federal FCRA rules. However, Minnesota's Clean Slate law (effective January 1, 2025) automatically seals eligible records after waiting periods, so those sealed records will no longer appear on background checks.
What is Minnesota's Clean Slate law?: Minnesota's Clean Slate law, passed in 2023 and effective January 1, 2025, directs the Bureau of Criminal Apprehension (BCA) to automatically identify and seal eligible criminal records. This means many people will have records sealed without needing to file paperwork or hire a lawyer. Eligible records include petty misdemeanors, misdemeanors, gross misdemeanors, and certain felonies.
What records are eligible for automatic sealing in Minnesota?: Eligible records include petty misdemeanors, misdemeanors, gross misdemeanors, and certain felonies — generally after waiting periods of 2 to 5 years following completion of the sentence. Serious offenses like violent crimes, sex offenses, and DWI are excluded from automatic sealing. The BCA processes these without requiring any action from the individual.
Can a Minnesota employer ask about criminal history on a job application?: No. Minnesota's ban-the-box law applies to all private employers. They cannot ask about criminal history or run a background check until after you've been selected for an interview. If there is no interview in the hiring process, they must wait until after making a conditional offer of employment.
Can an employer use an arrest that didn't lead to conviction against me?: No. Minnesota law restricts the use of arrest records that did not result in a conviction in employment decisions. Employers should only consider actual convictions, and even then must evaluate the relevance of the conviction to the specific job.
How do I check if my record has been automatically sealed?: You can request your criminal history from the Minnesota Bureau of Criminal Apprehension (BCA). If you believe an eligible record has not been automatically sealed, you can contact the BCA or consult with a legal aid organization for assistance. You may also still petition for expungement of records not covered by Clean Slate.
Can I still petition for expungement if Clean Slate doesn't cover my record?: Yes. Petition-based expungement under Minn. Stat. § 609A.02-03 remains available for records that are not eligible for automatic sealing. This includes more serious offenses or situations where you want to seal records before the automatic waiting period has elapsed. Many legal aid organizations can help with the petition process at no cost.
Will a sealed record show up on a Minnesota background check?: No. Once a record is sealed — whether automatically through Clean Slate or by court order — it should not appear on standard background checks. Law enforcement may still have access in limited circumstances, but employers, landlords, and most other entities will not see sealed records.

Minnesota Resources

Minnesota BCA — Criminal History Request
Request your Minnesota criminal history record from the Bureau of Criminal Apprehension to see what's on your record.
Mid-Minnesota Legal Aid — Expungement Help
Free legal assistance for eligible Minnesotans seeking expungement or help understanding their criminal record rights.
Minnesota Judicial Branch — Expungement
Official court system information on expungement eligibility, forms, and the petition process in Minnesota.
Council on Crime and Justice
Minnesota nonprofit providing reentry services, legal assistance, and advocacy for people impacted by the criminal justice system.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Minnesota for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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