Minnesota

Minnesota

Final grade: A-

Exclusion Grade

B

Relevance Grade

A

Due Process Grade

B

Strengths

  • Boards may only use directly related crimes and must consider evidence of rehabilitation.
  • Bans boards from using arrest and expunged records as well as vague, arbitrary standards like “moral turpitude” and “good character.”

Areas of Improvement

  • Strengthen safeguards for due process by placing the burden of proof on the state.
  • Extend state’s protections to teaching licenses and school districts.

Updated June 2022

Thanks to a reform enacted in 2022, Minnesota now has some of the best laws in the nation.

Statute: Minn. Stat. §§364.01 to 364.09 (2013)

Exclusion
Overarching ban on blanket bans Yes, but excludes teaching licenses and school districts
Ban on considering arrest records Yes
Ban on considering post-conviction relief records Yes, annulled and expunged records
Time limit No limit
Ban on vague, discretionary character standards Yes
Relevance
Relationship between the crime and the license sought "Directly relate"
Required factors for consideration
Rehabilitation Yes
Time elapsed since crime was committed Yes
Age when crime was committed Yes
Employment History No
Testimonials Yes
Due Process
Petition Process Yes
Burden of Proof Standard unspecified. Applicants bear the burden of proof to “show competent evidence of sufficient rehabilitation”
Right to appeal Yes
Written notice requirement Yes