“Minnesota-Nice” Background Check Disclosures

Some states have their own background check disclosure laws. California, Massachusetts, and more may require disclosures, besides FCRA disclosures, before you screen (see our industry notes on these here and here). We’ve traveled coast-to-coast covering some disclosure laws. Now we’re back to the Midwest and our home state. “Ope,” you betcha, Minnesota is on that list.

Do you get a background report for employment purposes on someone that lives or works in Minnesota? If so, you may want to keep Minnesota law in mind.

What’s Required in the Land of 10,000 Lakes

Much like the Mighty Ducks getting in formation of the Flying V, the shape a Minnesota disclosure (as to a background check for employment purposes) should take is spelled out in state law. Like the Ducks, the Minnesota statute on such a disclosure first emerged in the early 90s. It must:

• Be in writing;
• Be provided to the applicant or employee before a background report is obtained;
• Clearly state that a background report may be obtained or caused to be prepared;
  Inform the applicant or employee of the right to request from the screening provider additional information on the nature of the report on their written request;
• Include a box the applicant or employee can check to get a copy of the report;
• If information in the report, like references, is to be obtained through personal; interviews of the applicant or employee’s friends, neighbors or associates, advise of this; and
• Be included in or accompany an employment application.

Get Your (Gray) Ducks in a Row

Wondering where to start? We offer sample compliance documents to help. You can review our sample Minnesota disclosures when creating your own. Simply log into your Verified Credentials Employee® account and go to the Resource Library. Download the “Minnesota Consumer Report Disclosure” and “Minnesota Investigative Consumer Report Disclosure” samples to get started.

Continue to review your disclosures with your legal counsel to make sure you’re compliant with state-specific laws. We hope these shortcuts to Minnesota resources help.