December 2022

While the national job market has experienced some unsettling shifts, Minnesota has seen some promising growth in employment rates. In fact, as of 2022, the state has added over 17,000 jobs, and unemployment rates continue to drop. This makes Minnesota an attractive state for both potential employees and employers alike.  For business owners, Minnesota is highly appealing because it provides moderately low operating costs and competitive tax rates.  While the Land of 10,000 Lakes is a great place to live, work, and play, employers must abide by Minnesota employment background check laws.  With this in mind, here are some vital points about the Minnesota background check process that every employer in MN should be familiar with while screening applicants.

How PreSearch Can Help With Background Check Services in Minnesota

PreSearch is a powerful resource that is designed to help you get the information you need about your pre-hires. With PreSearch, you can select what data your business requires, and we will run a thorough, accurate Minnesota background check for you.  Furthermore, PreSearch is fully versed on all the state, local and federal laws for background check for trusted employees. Therefore, you can rest assured that your pre-screening information is accurate and conducted by the letter of the law.  So, if you’re looking for an affordable, accurate Minnesota background check, make sure to give PreSearch a try today.

What is a Background Check?

A background check is a process whereby someone’s criminal history, financial history, and other relevant information are looked into to determine whether or not that person is suited for a particular job or task. In many cases, employers will conduct background checks on potential employees to get a better sense of their qualifications and whether or not they might pose a risk to the company.

The Importance of Background Checks

When it comes to keeping your business or volunteer organization safe, there’s no such thing as being too cautious. That’s why background checks are so important. By running a background check, you can get peace of mind knowing that the person you’re hiring is not hiding anything detrimental in their past.

In Minnesota, background checks are required for some jobs, such as working in a daycare or being a nurse. But even if they’re not required by law, they’re still a good idea to obtain. After all, you wouldn’t want to hire somebody without knowing their full history.

How To Get a Criminal Background Check in Minnesota

In order to get a Minnesota background check, you will need to contact the Minnesota Bureau of Criminal Apprehension (BCA). You can do this by visiting their website or by calling them and requesting a Minnesota public criminal record.

Bear in mind, however, that when you contact the BCA, you will only receive Minnesota criminal background checks – which only reveals criminal activity in the state.  You will not receive other vital information, such as criminal activity (if any) in other states.  Nor will you be able to obtain other essential data such as educational background or employment history. 

That is why it’s best to obtain a Minnesota background check from professional third-party services for background checks, such as PreSearch.  We provide you with comprehensive background information according to your hiring needs.

How Are Background Checks Different for Minnesota Employers?

Some, but not all, states in the US have “ban the box” laws, and Minnesota is one of them.  Since 2014, private employers have been required to abide by “ban the box” restrictions. This prohibits employers from disqualifying pre-hires from employment based on their criminal history.  

Another Minnesota background check law is that employers may not conduct a criminal background check until the applicant has had a formal interview and is considered a viable candidate for the job.

Minnesota is also different from some other states because background checks are required for certain positions, such as if a candidate works with minors or in law enforcement.

If you are an employer in Minneapolis or St. Paul, you are required to follow additional notification practices. Let’s say an applicant in either of these two cities was declined employment, or their request to obtain a professional license was denied due to their criminal record. In this scenario, employers in these two cities must inform applicants in writing that these grievances are taken into account during the decision-making process of employment. 

Moreover, the Minnesota Data Practices Act governs how state and local government agencies can collect, use, store, and distribute data about individuals. This law applies to public employers conducting employment background checks.

Background Check Laws in Minnesota

In addition to state and local laws, Minnesota employers are also obligated to follow federal rules when obtaining a Minnesota background check.  Here are some of the most noteworthy federal laws every MN employer must abide by during the pre-hire process.

Federal Laws on Employment Background Checks

Here are the most prominent and integral federal laws every employer should know when conducting a Minnesota background check on applicants. 

Civil Rights Act,Title VII

The Civil Rights Act of 1964 is a federal law that prohibits discrimination on the basis of sex, religion, race, color, or national origin. Title VII of the Act, which is also known as the Equal Employment Opportunity Act, makes it illegal for any employer to discriminate against employees on the basis of these protected characteristics. The Civil Rights Act also created the Equal Employment Opportunity Commission (EEOC), which is responsible for enforcing Title VII and investigating claims of discrimination.

In addition to prohibiting discrimination in employment, Title VII also prohibits an employer to retaliate against an employee or candidate who may complain about discriminatory practices. Workers or candidates who believe they have been subjected to discrimination or retaliation can file a charge with the EEOC.

Title VII applies to all employers with 15 or more employees, including local and state governments and educational institutions. Under Title VII, employers must take steps to ensure that their employment practices and pre-hire practices do not discriminate on the basis of protected characteristics.

The Fair Credit Reporting Act (FCRA)

The FCRA (Fair Credit Reporting Act) is a federal law that governs the way in which credit reporting agencies collect and use information about consumers. The FCRA also gives consumers the right to know what is in their credit report, and to dispute any inaccurate information.

The FCRA applies to all credit reporting agencies that operate in the United States, including those located in Minnesota. Under the FCRA, these agencies must follow certain rules when handling consumer information, such as:

• Obtain written consent from the job applicant or employee before ordering a background check
• Provide a clear and conspicuous disclosure to the job applicant or employee that a background check may be obtained
• Certify to the consumer reporting agency that the employer has provided the required disclosures.
• Will not use the information in violation of any applicable federal or state equal opportunity laws
• Take reasonable steps to ensure that the information they collect is accurate and up-to-date

Minnesota Employment Background Check Laws

Overall, Minnesota’s employment background check laws are fairly standard when compared to other states. However, it’s always important to know what laws apply in your specific state so that you can be sure you’re complying with all of them.  Here is an overview of Minnesota employment background check laws.

The Minnesota Government Data Practices Act (MGDPA)

The MGDPA is a state law in Minnesota that establishes how government data is collected, managed, and disseminated. It also provides individuals with certain rights regarding their data. The law applies to all state and local government agencies in Minnesota.

The MGDPA was enacted in 1975 in response to concerns about the potential for abuse of government power through the misuse of data. The law was designed to strike a balance between the need for government agencies to have access to data and the need for individuals to have control over their personal information.

The MGDPA requires government agencies to:

• Collect data only for legitimate governmental purposes
• Ensure data is accurate, relevant, and up-to-date
• Destroy outdated or unnecessary data
• Protect data from unauthorized access or disclosure
• Allow individuals to access their own data and correct any errors
• Individuals have the right to:
• Know what data is being collected about them
• Access their own data
• Request correction of inaccurate or incomplete data

The Minnesota Human Rights Act

The Minnesota Human Rights Act is a state law that prohibits discrimination in employment, housing, education, and public accommodations on the basis of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, or age. The Act also establishes the Minnesota Department of Human Rights (MDHR), which is responsible for investigating complaints of discrimination and enforcing the Act.

Ban the Box Law z

The Minnesota Ban the Box Law prohibits employers from inquiring about an applicant’s criminal history on an initial application. Employers may still run a criminal background check after extending a job offer, but they must give the applicant an opportunity to explain any convictions. The law applies to private employers with more than five employees, as well as state and local government agencies.

What Shows Up on a Background Check in Minnesota?

In Minnesota, a background check will show up any criminal convictions, as well as any pending criminal cases. If the person has been convicted of a felony, that will also be noted on the background check. In addition, any history of violence, sexual offenses, or drug use will be included on the background check.

How Long Does a Minnesota Background Check Take?

A Minnesota background check usually takes about two weeks if one goes through state-run organizations. However, if the person being checked has a criminal record, it may take longer. Furthermore, a comprehensive Minnesota background check could take significantly longer if you are doing it yourself, because it takes time to organize and gather all the information required. It also takes time to receive information from various past employers or educational institutions.

If you want a quick background check, you are better off using an efficient, time-saving service such as PreSearch.  In many instances, we can provide full background information on your pre-hires in only a few hours and sometimes in the same day.

How Far Back Does a Background Check Go in Minnesota

In Minnesota, a background check can go back as far as seven years. This includes criminal records, employment history, education, and more.  In some instances, information on applicant’s may go back further, but in general, most MN employers abide by the sever year lookback standard.

How Much Do Background Checks in Minnesota Cost?

The cost of Minnesota criminal background checks will vary depending on the type of check you need and the agency you use. Fingerprint-based criminal history checks through the Minnesota Bureau of Criminal Apprehension (BCA) cost $15 per person. Additional fees may be required if you request other types of background information from the BCA such as fingerprint services. 

If you factor in the amount of employee hours involved with getting a thorough background check (if you go the DIY route), then you’re looking at a very costly scenario.  In many instances, in-house run employee checks can take days or weeks.  This equates to an expensive process for any employer or business owner.  

Your best option is to obtain a thorough, fast background check at an affordable rate through a private company such as PreSearch. 

While other states in the US are still struggling with unemployment and economic instability, Colorado is enjoying a surge of prosperity.  Ranked as the 2nd highest worker participation in the country by US News & World Report, Colorado has seen an additional 107,000 new jobs in the private sector over the past 12 months.  This means employers in the Centennial State have an enviable largesse of potential applicants to choose from when hiring.  

Moreover, Colorado is rated number 10 in the nation for being one of the best states to start, own, or operate a business.  Therefore, if you’re an employer in Colorado, you have a lot to celebrate.  However, one thing that can shut down your business’s prosperity is failing to conduct an accurate and compliant Colorado background check on your pre-hires.  To help you stay on track, here are some important details you should know about conducting background checks in Colorado. 

How PreSearch Can Help With Background Check Services in Colorado

If you are looking for background check services in Colorado, PreSearch is an excellent resource to consider. With its comprehensive search capabilities and wide range of features, PreSearch can help you find the information you need quickly and easily. We also give you peace of mind because we conduct all of our screenings to the letter of state and federal laws. 

Moreover, we can provide you with an accurate background check with quick turnaround.  At PreSearch, we believe you need the best, most reliable information to make an informed decision about your new-hires.  Therefore, we put this data in your hands so that you can rest assured you are hiring the best person for the job.  Contact us today, and see how we can make your life much easier with our variety of Colorado background check services.

What Are Background Checks?

Background checks are a critical aspect of the hiring process in Colorado. Employers use them to verify an applicant’s employment and education history, confirm one’s identity and check for criminal records.  A background check may also investigate an applicant’s financial background.  All details in a Colorado background check should be used to assess if a pre-hire is qualified, trustworthy, and viable for a position of employment.

Are Background Checks Important?

In Colorado, as in most states, employers are allowed to run background checks on job applicants. Employers may use criminal records, credit reports, and other information to make hiring decisions.

Background checks can be important for employers because it helps them to discern which candidates might be a great fit.  Alternatively, screenings can also inform employers if a candidate might have issues in their history that could conflict with the job position or with performance on the job.

How To Get a Criminal Background Check in Colorado

If you’re looking to get a criminal background check in Colorado, there are a few different ways to go about it. The Colorado Bureau of Investigation (CBI) offers an online service that allows you to request a criminal history report for yourself or someone else. You’ll need to provide some basic information, including the applicant’s name, date of birth, and Social Security number. There’s also a fee associated with this service. 

Another option is to partner with a professional Colorado background check service such as PreSearch.  When you understand that going through CBI only provides you with criminal histories, you can begin to see the benefit of using PreSearch.  To explain, we provide you with essential data such as past employment histories and educational background checks.  This broad-spectrum screening allows you to fully assess whether or not your candidate is the best for your job opening.

Background Check Laws in Colorado

There are different types of details employers can access when it comes to obtaining a Colorado background check.  From credit history to criminal past, employment history to educational background – Colorado employers have a wealth of resources to help them determine if a candidate is ideal for the job.  However, there are state and federal laws all employers should abide by when obtaining and utilizing any personal information from applicants.  Here is a Colorado background check law run-down so you can prepare yourself and your business when screening pre-hires. 

Federal Laws on Employment Background Checks

There are crucial federal laws that regulate background checks in Colorado, including the Fair Credit Reporting Act (FCRA), and the Civil Rights Act, Title VII.  Please read further to get familiarized with these federal laws while conducting pre-hire screenings.

Civil Rights Act,Title VII

Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of sex, religion, color, race, or national origin. This law applies to all employers with 15 or more employees, including federal, state, and local government employers.

The Civil Rights Act of 1964 also created the Equal Employment Opportunity Commission (EEOC) to enforce Title VII. The EEOC investigates charges of discrimination and works with employers to prevent discrimination from occurring.

The Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act is a federal law that regulates how employers gather and use consumer (applicant) credit information. The FCRA promotes the fairness, accuracy, and privacy of information belonging to individuals who are subject to consumer reports and credit checks.

Under the FCRA, consumer reporting agencies are required to provide consumers with a notice of their rights before they obtain a credit report. This notice must include a summary of the consumer’s right to access their credit report, as well as information about how to dispute inaccurate or incomplete information.

In addition, the FCRA requires companies that use consumer credit information for employment purposes to provide applicants with a pre-adverse action notice if they plan to take adverse action based on information in the applicant’s credit report. The notice must include the name, address, and phone number of the consumer reporting agency that supplied the report.

Finally, the FCRA gives consumers the right to sue companies that violate their rights under this law. If successful, consumers can recover damages for any injuries suffered as a result of these violations, as well as punitive damages and attorneys’ fees.

Colorado Employment Background Check Laws

Colorado has a few laws in place that regulate how employers can conduct background checks on potential and current employees. These laws are meant to protect the rights of workers and ensure that they are not being unfairly discriminated against. Here are a few of the things every Colorado employer should be aware of. 

Colorado 7 Year Background Check Law

The Colorado 7 year background check law applies to all employees of companies that do business in the state. The law requires these companies to conduct a criminal background check on all new hires and the lookback is seven years prior. Established by the Colorado Consumer Credit Reporting act, the Colorado 7 year background check law states that details such as arrests or indictments may not be reported if they occurred prior to the 7 year lookback period.  There are two caveats.  One is that if an employee stands to earn $75,000 or more, then background information can go beyond seven years.  The other instance in which an employer can look beyond seven years is if an employee works with vulnerable communities such as children or the elderly in medical or educational industries.

Ban the Box Policy

The “ban the box” policy is a movement to remove the question about prior convictions from job applications. The theory is that this will give people with criminal records a better chance of getting jobs, which will, in turn, reduce recidivism rates. The policy has been adopted by a number of states and cities, including Colorado. 

What Shows Up in a Background Check in Colorado

What shows up on a background check in Colorado depends upon what an employer has requested.  For instance, a Colorado criminal background check requested from the Colorado Bureau of Investigation and the Department of Public Safety will reveal convictions, felonies, arrests, etc.   It is important to remember that this is limited to criminal activity in the state. 

If you need more than that, you can partner with professional background check services, such as PreSearch. These providers can give you a wide range of information on your pre-hires.  At PreSearch, we can give you up-to-date, comprehensive data on full past employment history and education credentials on your pre-hire.  

We can also run credit checks on your applicants, which are highly regulated by the state.  The Colorado Fair Credit Reporting Act requires employers to follow certain procedures when obtaining consumer reports (including background checks) for employment purposes. Employers must:

• Get written permission from the applicant or employee before ordering the report
• Inform the applicant if the information in the report might be used to make an adverse employment decision
• Provide a copy of the report to the applicant or employee
• Give the applicant or employee a chance to correct any inaccuracies in the report before taking any adverse action based on its contents.

Colorado is an “open records” state, which means that most information about an individual’s criminal history is available to the public. This includes arrests, convictions, and any pending criminal cases.

However, there are some exceptions to this rule. For example, juvenile records are not accessible to the public. Additionally, some types of information may be sealed or expunged from an individual’s record under certain circumstances.

How Far Back Do Background Checks Go in Colorado

In general, background checks will go back seven years. However, there are some exceptions. For example, if an individual is applying for a job that requires them to work with children, the background check may go back further to ensure that the applicant does not have any previous convictions for child abuse or sex crimes.

What Do Employers Look for on a Background Check

Most employers will look for any criminal history on a background check. In Colorado, this includes a check of the Colorado Bureau of Investigation’s database, which includes all felony and misdemeanor convictions in the state. Employers may also run a national criminal background check, which will include any felonies and misdemeanors from other states.

In addition to criminal history, employers may also look for credit history, employment history, and education verification on a background check. They may also run a drug test as part of the background check process.

How Much Does a Background Check Cost in Colorado

There are a few different types of background checks available in Colorado, and the cost will vary depending on which type you choose. The most common type of background check is the criminal history check, which is a fingerprint-based criminal history search conducted throughout Colorado state. The cost for this is $39.50 per report.

Keep in mind this is only a criminal report.  Employers typically want more information, such as employment history and educational background.  If done in-house, gathering all this information can become very costly in terms of accumulated man hours to collect all the information.  Plus, if in-house background checks are not conducted in compliance with state and federal laws – that could mean hefty fines and penalties.

Therefore, employers are strongly encouraged to get a professional background check service such as PreSearch.  We can save you time, money, and a lot of hassle with our compliant, accurate screenings.