Laws and regulations in Minnesota often restrict the rights of people with criminal records. How can you avoid the most severe consequences of having a criminal record? You need the help of a St. Paul criminal justice attorney.
Going to trial on any criminal charge causes plenty of anxiety. The fear that a felony or misdemeanor conviction will prevent you from paying your bills or providing for your family, even after you complete your sentence, can be devastating.
A criminal record in Minnesota often leads to unreasonable, arbitrary consequences wholly unrelated to your arrest or criminal conviction. Even convictions for non-violent misdemeanors may appear on background checks.
Minnesota has enacted laws to help people with criminal records find work, but a criminal history still creates hurdles during the hiring process. Addressing your situation effectively starts by understanding your rights under Minnesota law.
Minnesota’s Ban the Box Law and Your Rights
Minnesota enforces a “Ban the Box” law, formally known as the Minnesota Fair Criminal Record Act. Under this law, most public and private employers cannot ask about your criminal record on an initial job application.
Ban the Box laws urge employers to evaluate your skills before a background check reveals your criminal record. Employers cannot ask about your criminal history until they select you for an interview or extend a conditional job offer.
If you are applying for a job in the Twin Cities area, this protection gives you a foot in the door that was much harder to achieve before the passage of the Minnesota Fair Criminal Record Act.
How Background Checks Work in Minnesota
Once employers reach the stage at which they can legally conduct background checks, they typically see public records maintained by the Minnesota Bureau of Criminal Apprehension.
The information visible to an employer depends on the extent of the background check and the nature of the job. For most private employers, data regarding a criminal conviction is public for 15 years following the completion of the sentence. Standard background checks typically show:
- felony convictions
- gross misdemeanor convictions
- recent misdemeanor convictions
- pending cases that have not yet been resolved
When Are More Extensive Background Checks Required?
Under Minnesota law, some employers must conduct more thorough background checks. If you apply for a position involving care for children, the elderly, or vulnerable adults, the Minnesota Department of Human Services conducts a rigorous background investigation.
These investigations look further into the past and may disqualify an applicant for specific “disqualifying crimes” ranging from certain types of assault to financial exploitation.
Can You Acquire a Professional License?
A criminal record does more than affect your ability to get hired; it can also block you from obtaining a professional license. In Minnesota, many careers (including nursing, teaching, plumbing, and real estate) require a professional license from a state licensing board.
Minnesota law prohibits your disqualification from public employment or a professional license solely because of a previous conviction unless the offense directly relates to the occupation or position.
A professional licensing board must give you a written explanation if it rejects your application. These boards must also consider evidence of your rehabilitation, such as the time since the crime and your conduct since the incident.
The Impact of Expungement and Clean Slate Laws
If a past mistake holds you back from a promotion or new career path, expungement can make that record inaccessible to the public, including landlords and most employers.
The Minnesota Clean Slate Act automates expungement for certain criminal records, including many cases that courts stayed or resolved in the defendant’s favor. You still must file a formal petition with the court to expunge many other records.
If you need to submit a petition to expunge a criminal record, a St. Paul criminal justice lawyer can explain and guide you through Minnesota’s expungement process.
Which Records Cannot Be Expunged?
Criminal records that generally cannot be expunged in Minnesota include records of:
- violent felonies
- felonies requiring predatory offender registration
- felony driving while impaired (DWI)
- active cases involving domestic abuse no-contact orders
- cases with unpaid fines or fees
What Are the Requirements for Expungement?
A misdemeanor conviction may be considered for expungement if a person has not been convicted of a new crime for at least 2 years after completing the sentence. Convictions for gross misdemeanors may be considered for expungement if a person hasn’t been convicted of a new crime for at least 4 years after completing the sentence.
Expunging a felony conviction is more complicated. Felony records eligible for expungement may be considered if a person hasn’t been convicted of a new crime for at least 5 years after completing the sentence. There are several exceptions to these timelines.
For cases in which a defendant completed a diversion program or a stay of adjudication, expungement may be considered if the person has not been charged with a new crime for at least 1 year. If a case is dismissed, it may be considered for expungement immediately.
Why the Right Legal Guidance Matters
Expungement means that when a typical employer in the Twin Cities area runs a background check, the expunged record should not appear. This can be vital for anyone trying to rebuild a reputation and career.
Whether you’ve been convicted of a felony, a misdemeanor, or a gross misdemeanor, or even if you weren’t convicted and the charge was dismissed, the record may still be available for anyone to see. Petitioning the court for expungement can help you move on from the past.
When you choose a St. Paul criminal justice lawyer to defend you in a criminal case or help you with the expungement process, you are looking for a criminal defense lawyer who brings substantial experience and provides sound legal advice.
To learn more or to begin the expungement process promptly, contact St. Paul criminal justice attorney Rebecca Adams at Adams Law Firm, PLLC as quickly as possible. Call 651-240-9282 to schedule your first consultation with no cost or obligation.
