Sep 4

The Current State of Expungement Laws — Part III: Ban the Box Law

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Beginning in January 2014, applying to private employers for people with a criminal history will change. Before now, this expungement law applied to public employers. The law states:

(a) A public employer may not inquire into or consider the criminal record or criminal history of an applicant for public employment until the applicant has been selected for an interview by the employer.

(b) This section does not apply to the Department of Corrections or to public employers who have a statutory duty to conduct a criminal history background check or otherwise take into consideration a potential employee’s criminal history during the hiring process.

(c) This section does not prohibit a public employer from notifying applicants that law or the employer’s policy will disqualify an individual with a particular criminal history background from employment in particular positions.

Minn. Stat. § 364.021. Basically what this means is that public employers cannot decide whether they want to interview you based upon your criminal history.

Now, this will apply to private employers as well. There are some positions this does not apply to, such as those working with vulnerable adults or children. But for the most part, the employer must consider your skills and abilities ONLY in determining whether you should be interviewed.

Law Offices of Ryan Garry: Experienced in Expungement Cases

Attorneys Ryan Garry and Elizabeth Duel have handled many expungement cases and have been successful in sealing our client’s criminal records. We have convinced the court to expunge both judicial and executive records, even when our clients have not been entitled to the expungement. Just a few examples of our successful expungement cases are listed below:

State v. [Various]
State v. A.M.
State v. I.A.M.
State v. I.A.M.
State v. S.M.W.