A Minnesota background check through the state uses the Bureau of Criminal Apprehension (BCA), whose public criminal history search shows convictions for 15 years after the sentence is completed, while people who work in licensed care programs go through a separate Department of Human Services (DHS) background study. A state law also stops most employers from asking about your record until you are picked for an interview.
We are a private guide; the BCA and DHS do not run this site. The BCA's public search is at chs.state.mn.us. Below we explain what that search shows, how DHS studies work, and the timing rule for employers.
Quick answers
Official source
Minnesota Bureau of Criminal Apprehension (BCA), part of the Department of Public SafetyCheck type
Both: a public name search of convictions, and fingerprint based DHS background studies for care jobsPublic window
Conviction data is public for 15 years after the sentence is completedNot in the public search
Arrests, and convictions more than 15 years past the end of the sentenceHiring rule
Minnesota Statutes 364.021: no record questions until you are selected for an interview, or until a conditional offer if there is no interviewCare jobs
DHS background study under Minnesota Statutes chapter 245C, with a right to ask for reconsideration
What a Minnesota background check through the BCA shows
Minnesota divides criminal history into public and private data. The public part is what you, a landlord or most employers can see through the BCA search, using a first name, last name and date of birth. For each conviction it lists the offense, the date of the offense, the court, the conviction date and the sentence.
Two things are not in it. Arrest information is excluded from the public search. And conviction data stays public for only 15 years after the sentence is completed, so the clock starts when you finish probation or custody, not on the day of the conviction. Older convictions become private at the BCA, though court records can stay public longer.
Court files and the BCA follow different rules. A case that has dropped out of the BCA public search can still appear in the court system, and a screening company may search courts directly. Check both before you apply.
Timing rule: when a Minnesota employer may ask
Minnesota applies its ban the box rule to private as well as public employers. Under Minnesota Statutes section 364.021, a public or private employer may not ask about, consider or require disclosure of your criminal record until you have been selected for an interview, or, when there is no interview, until a conditional offer has been made.
Some employers are outside the rule: the Department of Corrections, and employers that have a legal duty to run a criminal history check during hiring. Employers may still tell applicants up front that the law or company policy bars people with certain records from particular jobs.
Do expect: the record question after you are invited to interview, and be ready with a short honest answer.
Do not ignore: a first page question like "List all convictions" on a general job form. It may break the rule, and the Minnesota Department of Human Rights can tell you how to report it.
DHS background studies for care jobs
People who work in programs licensed by DHS, such as child care, adult foster care and many health and disability services, go through a background study, usually with fingerprints and a photo. A study can find a disqualification based on the crimes and conduct listed in Minnesota Statutes section 245C.15. That section sets several tiers:
| Tier | How long it lasts |
|---|---|
| Permanent | No matter how much time has passed, for the most serious offenses listed |
| 15 year | Until 15 years have passed since the sentence was discharged |
| Ten year | Until ten years have passed since the sentence was discharged |
| Seven year | Until seven years have passed since the sentence was discharged |
The exact offenses in each tier are in the statute, and similar offenses from other states count too. Read checks for care jobs for how these studies compare with other states.
Asking DHS to reconsider
A disqualification is not always the end. Under section 245C.21, the person who was disqualified may ask DHS to reconsider. The request must be in writing and sent within the deadline on your notice. You can argue that the information is wrong, or that you do not pose a risk of harm, with proof such as treatment records, steady work, or letters from supervisors.
To: [Name of DHS unit on your notice]
Re: Request for reconsideration, study number [Number]
I am asking you to reconsider my disqualification dated [Date]. The record listed is [correct or incorrect] for these reasons: [Reason]. Since the offense, I have [completed treatment, worked as Job title for Number years, finished training]. Attached are [Documents].
[Your name], [Phone]
Federal rules and fixing errors
Private employers using a background screening firm owe you the federal steps: a separate disclosure, your signature, and a look at the findings with a rights sheet before any adverse decision. The FTC explains this, and the EEOC explains how to judge arrests and convictions. Our page on lookback limits covers the federal 7 year rule.
Correcting a BCA record
If the BCA record is wrong, get certified court documents and contact the BCA about correcting it. If a screening company report has an error, dispute it in writing, using the letter on our dispute page. Minnesota courts can also grant expungements; ask legal aid whether yours qualifies.
This summary draws on the BCA and the Minnesota Statutes and is not legal advice. A Minnesota legal aid office, the Department of Human Rights, or an employment lawyer can help with a specific case.
Questions people ask
What shows up on a MN BCA background check?
The public BCA search shows convictions with the offense, court, dates and sentence, for 15 years after the sentence ends. Arrests are not part of the public results.
Can I search Minnesota records free?
Check the BCA public search page for current access terms. Court records can also be searched through the Minnesota courts' public access system.
What are MN DHS background check disqualifications?
They are the crimes and conduct listed in Minnesota Statutes 245C.15, sorted into permanent, 15 year, ten year and seven year tiers. You may ask DHS to reconsider a disqualification in writing.
When can a Minnesota employer ask about my record?
Under section 364.021, not until you are selected for an interview, or until a conditional offer if there is no interview. Employers with a legal duty to screen are exempt.
What is the wait for a Minnesota check?
A BCA public search answers quickly. DHS studies and screening company reports take longer, especially when fingerprints or out of state records are involved.