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LMC model policy for criminal history background check.

LMC model informed consent form.

  • Information about the specific categories (e.g., job types) subject to the checks. For employment purposes, this can include employees, applicants for employment, volunteers, and independent contractors. For licensing purposes, this can include individuals applying for various types of city licenses. (Note that Minn. Stat. Sec. 340A.401 subd. 2, provides its own authority for police chief’s to conduct background checks on applicants applying for retail liquor licenses.) Listing the licenses or applicants subject to the background checks is not required by Minnesota law; however, it is a good practice that will help the city make sure all applicants are treated consistently.

  • A requirement that the data be maintained by the police department and only a summary of the criminal history record is provided to the hiring authority or other decision maker for purposes of issuing a license.

  • Language that complies with the Minnesota Government Data Practices Act, including a requirement for an informed consent.

  • A provision that requires notice to the applicant of the reason for denial if the denial is based on data obtained from the criminal history check.

When local police departments access BCA data for employment or city licensing checks, the data they will receive includes Minnesota adult arrests less than one year old with no disposition, and adult arrest information resulting in a conviction. No juvenile arrest or adjudication data, adult arrest data older than one year with no disposition, or dismissal data will be returned for these checks.

When the BCA conducts an audit of the police department’s usage of Minnesota criminal history data for these background checks, the auditor will ask the police department for the following documents: the ordinance requiring the license for the occupation/activity and the informed consent of the applicant for employment or licensure.

To ensure that a police department successfully completes its next BCA audit, it is encouraged to keep copies not only of the criminal history that was retrieved under section 299C.72, but also copies of all related documents through the next audit cycle.

Minn. Stat. § 299C.61. Minn. Stat. § 299C.62.

The Child Protection Background Check Act allows employers to conduct special background checks of individuals who work with children in various settings (care, treatment, education, training, instruction, or recreation). Since many cities have recreational opportunities for children, this statute would apply to most of those workers and to any volunteers in those programs.

League of Minnesota Cities Information Memo: Background Checks: The ABCs of BCA Data

1/14/2014 Page 3

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