The Real Cost of Prisons Weblog

One provision requires all Minnesota public employers to wait until a
job applicant has been selected for an interview before asking about
criminal records or conducting a criminal record check, except for
positions that already require a background check. Passage of this
legislation makes Minnesota the first state to adopt a statewide "Ban
the Box" law since the initiative was started by a group called All of Us or None in California several years ago.

The other provision limits the admission of evidence of an employee's
criminal record against an employer if: (1) the duties of the position did not expose others to a greater degree of risk than that created by the employee interacting with the public outside of the duties of the position or that might be created by being employed in general; (2) a court order sealed any record of the criminal case; or (3) the record did not result in a criminal conviction.

Development of the legislation and direct lobbying for it has been ledby the Minneapolis-based Council on Crime and Justice. According toCouncil President and former Hennepin County Judge Pamela Alexander:
"Over the last several decades increases in criminalization combined
with easier access to criminal records and heightened fear and
scrutiny have created an entire class of people who are subject to
permanent punishment and find it extremely difficult to become
fully-contributing members of their communities through stable housingand gainful employment. It includes hundreds of thousands of
Minnesotans. Passage of this legislation is an important first step
towards alleviating this situation, making our communities more safe,
economically stable, and just."

According to the Council's Director of Public Policy and Advocacy,
Mark Haase, the "Ban the Box" law reduces discrimination and confusion based only upon initial application, does not limit access to the criminal record, saves public employers time and money and gives them a more diverse applicant pool, Increases employment opportunities for otherwise-qualified applicants, and does not limit private employer discretion but provides them with a best practice model. The civil liability, or "Safe Hiring" law, gives employers some tools in knowing when criminal records are relevant and which types of records need not be considered at all. Employers will need to be trained on how this law can help them increase employment opportunities for individuals with criminal records.

The bills' chief authors were Senators Mee Moua and Ron Latz and
Representatives Sheldon Johnson and Bobby Champion.

This legislation was passed with the support of the Second Chance
Coalition, a diverse coalition of 24 community organizations,
including: 180 Degrees, Inc., AMICUS, Goodwill/Easter Seals MN,
Council on Crime and Justice, Rebuild Resources, Jacob Wetterling
Foundation, RS Eden, Minnesota Council of Churches, MN Catholic
Conference, Minnesota Fathers & Families Network, Northside Policy
Action Coalition, People Escaping Poverty Project, Project for Pride
in Living, Children's Defense Fund, Peace Foundation, Minneapolis
Urban League, HIRED, LIFE in Recovery, NAMI MN, the Barbara Schneider
Foundation, Elim Transitional Housing, Emerge Community Development,
Greater Minneapolis Council on Churches, and Juel Fairbanks Chemical
Dependency Services.