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Only background checks conducted in accordance with the Child Protection Background Check Act allow for the release of certain criminal data— juvenile adjudication data that cannot be obtained using the city’s police department. In order to obtain this type of criminal history data, the background check must be submitted to the BCA using a specific informed consent form. The fee for Child Protection Background Check Act background checks is $15. Please note that Predatory Offender Registration (POR) data may also be included in the background check if the consent form specifically includes consent for POR data.

The data a city will receive, if it uses the BCA to conduct a background check under the Child Protection Act, includes the following Minnesota information:

  • Conviction data.

  • Juvenile adjudication data for specific crimes listed in the act.

  • Arrests resulting in conviction.

  • Arrest data that has occurred in the past year with no disposition.

The city also can request a national background check by submitting fingerprints to the BCA, along with a fee of $21.50 for employees and $20 for volunteers.

Minn. Stat. § 299F.035.

As of Aug. 1, 2013, the requirement to conduct background checks on firefighters was codified in state law.

These background checks use a different code than “regular” employment background checks and will include the following Minnesota data:

BCA/Minnesota Justice Information Services: Julie LeTourneau Lackner 651.793.2480 Julie.LetourneauLackner@sta te.mn.us

  • Adult arrests less than one year old with no disposition.

  • Adult arrest information resulting in a conviction.

  • Juvenile adjudication data.

In this case, a copy of the Minnesota criminal history record must be given by the local police department to the fire chief.

The statute also requires a national background check for anyone who has been a resident of the state for less than five years, and is optional for residents of the state longer than five years.

National checks can be obtained by submitting an executed informed consent and fingerprints to the BCA, along with the fee of $36.50.

An appropriate informed consent form must be signed by the firefighter applicant, regardless of whether the city is using the local police department to conduct the check or the BCA. The city should contact the BCA directly to obtain their consent form for a firefighter background check.

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

1/14/2014 Page 4

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