Ah, the state of Minnesota… also known as the “North Star State” and the “Land of 10,000 Lakes.” Located on the border of Canada, it’s famed for its scenic landscapes, including Lake Superior, the Twin Cities (Minneapolis and St. Paul), and the mighty Mississippi River.
Adding to the list of wonderful things in the state, Minnesota is embracing social progress, with its new Clean Slate law set to take effect on January 1, 2025. Like similar laws in Michigan, California, New Jersey, Delaware, and Colorado, this legislation facilitates automatic record sealing or expungement under certain conditions.
Consumer Reporting Agencies (CRAs) and background screening companies should become familiar with the changes to come. Here are some preliminary details:
Minnesota’s Clean Slate Law
The Minnesota Clean Slate Act of 2023 is a significant reform aimed at expanding access to expungement for individuals with criminal records. Under the law, certain criminal records are eligible to be automatically sealed or expunged, giving people with past offenses a chance to move forward without the burden of a criminal record affecting their employment, housing, or other opportunities.
Starting in January 2024, Minnesota began the process of identifying eligible records for expungement. By January 1, 2025, automatic expungement will be implemented for a range of records, including misdemeanor and felony records already eligible for expungement under petition, as well as non-convictions and convictions that have been pardoned.
For more information regarding the legislation and eligible records, the bill and relevant details can be found here:
HF2023 Bill and HF2023 Info Sheet
HF4621 Bill and HF4621 Info Sheet
Key Considerations for CRAs
With the implementation of Minnesota’s Clean Slate law, CRAs and background screening companies should prepare for possible changes in the availability of case information starting in January 2025. As eligible cases are expunged, some records may no longer appear in the state’s Predominantly Used Index (PUI) or PAT systems. This change could lead to instances where cases that were previously accessible are now missing.
Ensure that both you and your clients are familiar with the specifics of Minnesota’s Clean Slate law. This knowledge can help prevent rechecks of expunged cases that no longer appear, allowing CRAs and employers to sidestep unnecessary delays in the background screening process.
To better understand the evolving Clean Slate Movement and its impact on the background screening industry, check out our on-demand webinar, “Navigate Clean Slate with Pam Devata and Vince Pascarella,” to get insight from subject matter experts. You can also check out our Clean Slate Movement Hub for additional helpful resources.
If you have questions about this change or about conducting background checks in Minnesota, contact us. We are happy to help.
