Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.
(b) "Applicant for employment" means an individual who seeks either county or city employment or has applied to serve as a volunteer in the county or city.
(c) "Applicant for licensure" means the individual seeks a license issued by the county or city which is not subject to a federal- or state-mandated background check.
(d) "Authorized law enforcement agency" means the county sheriff for checks conducted for county purposes, the police department for checks conducted for city purposes, or the county sheriff for checks conducted for city purposes where there is no police department.
(e) "Criminal history check" means retrieval of criminal history data via the secure network described in section 299C.46.
(f) "Criminal history data" means adult convictions and adult open arrests less than one year old found in the Minnesota computerized criminal history repository.
(g) "Current employee" means an individual presently employed by either a county or city or who presently serves as a volunteer in the county or city.
(h) "Current licensee" means an individual who has previously sought and received a license, which is still presently valid, issued by a county or city.
(i) "Informed consent" has the meaning given in section 13.05, subdivision 4, paragraph (d).
Subd. 2. Criminal history check authorized. (a) The criminal history check authorized by this section shall not be used in place of a statutorily mandated or authorized background check.
(b) An authorized law enforcement agency may conduct a criminal history check of an individual who is an applicant for employment, current employee, applicant for licensure, or current licensee. Prior to conducting the criminal history check, the authorized law enforcement agency must receive the informed consent of the individual.
(c) The authorized law enforcement agency may disseminate criminal history data to either the hiring or licensing authority of the city or county requesting checks for applicants, licensees, or current employees. The authorized law enforcement agency and the hiring or licensing authority of the city or county must maintain criminal history data securely and act consistently with section 364.05.
2013 c 82 s 30; 1Sp2021 c 11 art 7 s 16; 2022 c 59 s 1
Structure Minnesota Statutes
Chapters 299A - 299N — Public Safety
Chapter 299C — Bureau Of Criminal Apprehension
Section 299C.01 — Criminal Bureau.
Section 299C.03 — Superintendent; Rules.
Section 299C.05 — Crime Data Collection.
Section 299C.06 — Division Powers And Duties; Cooperation.
Section 299C.063 — Bomb Disposal Expense Reimbursement.
Section 299C.065 — Undercover Buy Fund; Witness And Victim Protection.
Section 299C.066 — Crime Information Reward Fund.
Section 299C.07 — Restoration Or Disposal Of Stolen Property.
Section 299C.08 — Oath Of Superintendent And Employees.
Section 299C.09 — System For Identifying Criminals; Record, Index.
Section 299C.091 — Criminal Gang Investigative Data System.
Section 299C.093 — Database Of Registered Predatory Offenders.
Section 299C.095 — System For Identifying Juvenile Offenders.
Section 299C.10 — Identification Data Required.
Section 299C.105 — Dna Data Required.
Section 299C.106 — Sexual Assault Examination Kit Handling.
Section 299C.11 — Identification Data Furnished To Bureau.
Section 299C.111 — Suspense File Reporting.
Section 299C.115 — Warrant Information Provided To State.
Section 299C.12 — Record Kept By Peace Officer; Report.
Section 299C.13 — Information Furnished To Peace Officer.
Section 299C.14 — Information On Released Prisoner.
Section 299C.145 — Distinctive Physical Mark Identification System.
Section 299C.15 — Cooperation; Criminal Identification Organizations.
Section 299C.155 — Standardized Evidence Collection; Dna Analysis.
Section 299C.157 — Forensic Laboratories; Accreditation.
Section 299C.16 — Information Broadcast To Peace Officers.
Section 299C.17 — Report By Court Administrator.
Section 299C.18 — Bureau Operations Report.
Section 299C.21 — Penalty On Local Officer Refusing Information.
Section 299C.22 — Security Guard; Discharge Of Firearm; Report.
Section 299C.23 — Continuing Education Fee; Appropriation.
Section 299C.25 — Scrap Metal Dealers; Educational Materials.
Section 299C.35 — Bureau To Broadcast Criminal Information.
Section 299C.37 — Police Communication Equipment; Use, Sale.
Section 299C.38 — Priority Of Police Communications; Misdemeanor.
Section 299C.40 — Comprehensive Incident-based Reporting System.
Section 299C.405 — Subscription Service.
Section 299C.46 — Criminal Justice Data Communications Network.
Section 299C.48 — Connection By Authorized Agency; Fee, Appropriation.
Section 299C.50 — Transfer Of Functions.
Section 299C.52 — Minnesota Missing Children And Endangered Persons Program.
Section 299C.53 — Missing Persons Report; Duties Of Commissioner And Law Enforcement Agencies.
Section 299C.535 — Request For Additional Information On Missing Person.
Section 299C.54 — Missing Children Bulletin.
Section 299C.56 — Release Of Medical Data.
Section 299C.565 — Missing Person Report.
Section 299C.5655 — Missing Persons; Standardized Reports And Procedures.
Section 299C.582 — Powers With Relation To Compact.
Section 299C.61 — Definitions.
Section 299C.62 — Background Check.
Section 299C.63 — Exception; Other Laws.
Section 299C.64 — Bureau Immunity.
Section 299C.65 — Information Advisory Group.
Section 299C.67 — Definitions.
Section 299C.68 — Background Check On Residential Building Manager.
Section 299C.69 — Owner Duties If Manager Convicted Of Crime.
Section 299C.71 — Bureau Immunity.
Section 299C.72 — Minnesota Criminal History Checks.
Section 299C.75 — Background Checks; Indian Tribes.
Section 299C.76 — Background Check; Access To Federal Tax Information.
Section 299C.80 — Independent Use Of Force Investigations Unit.