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Expungements that were intended to be completed in January have been delayed for an unknown amount of time.

The Clean State Act

Legislators in Minnesota passed a bill that would empower residents to have various criminal records expunged. Around 500,000 people are expected to benefit from this law. Officials who were involved in the expunction process, however, reported that it will take far longer than anticipated.

Initially, the delay was thought to last until May 2025. That’s five months later than the originally announced completion date, but now it is likely to be even longer. A representative of the Minnesota Bureau of Criminal Apprehension (BCA) noted that there is currently no set date when the expungements might be finished. While this is disappointing to many who eagerly await a clean record, the BCA believes this slowdown is justified.

Reason For The Delay

The expungement process was delayed to allow officials more time to ensure that only eligible convictions will be expunged. Officials are attempting to sort through around 16 million records. Many of them will be deemed eligible for sealing, but serious criminal and other offenses will not. Officials who are involved in this effort want to take time to categorize each record and ensure that none are included accidentally.

Employers rely on criminal background checks to learn if a candidate has a conviction that is serious or relevant to the position being sought. Applicants who have certain types of records may be deemed an undue risk to the company, staff or public. Therefore, the BCA is being extra cautious with their record reviewing practices.

Second Chances

Numerous studies have shown that having any type of criminal record can make it difficult for a person to find employment, housing and other necessities. Millions of Americans have records for lower-level offenses, or even for actions that are no longer classified as crimes. To help those individuals re-enter society, most states have implemented Second Chance laws like the Minnesota Clean Slate Act.

These laws are typically highly regarded. They can help people and give employers a larger pool of candidates. Perhaps most importantly, a person who is able to find employment is less likely to re-offend, which can reduce the recidivism rate.

What Employers Should Know

Employers in Minnesota may be aware that the expungement process is taking longer than expected. They should also know that this work continues to be underway. When records start to be expunged, organizations will no longer be permitted to use them to help make hiring or other decisions about consumers. Each person who had a conviction may then act as if it never occurred.

An ideal way for employers to avoid inadvertently considering expunged records is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). CRAs must undergo a thorough audit and demonstrate that they follow reasonable procedures to only provide current, reportable records before they may earn accreditation.

Need Employment Background Checks?

If your organization needs background reports for employment purposes, please contact us. Our highly experienced team can help you customize screening packages that suit your specific needs, comply with relevant laws and meet industry standards.

Backgrounds Online is an accredited CRA with 25 years of experience as a leader in our industry. As a service first business, our team takes the time to learn about your screening challenges and help address them seamlessly. Based in California, we are available to assist you Monday through Friday from 5am to 6pm PT.