Minnesota job seekers keep asking the same thing: “If I get an expungement, can an employer still see it?” The concern makes sense. The Minnesota job market is very competitive and employers rely heavily on screening tools to find the right candidates. One tool they may use: a background check.
What can employers see when they conduct a background check?
A background check can include a range of items depending on the employer’s goals. Common examples include:
- Criminal history
- Past employment
- Education
- Credit history, generally only if position involves handling funds
- Professional licensure verification, if applicable
Those who are concerned that a criminal conviction could impact employment have options. In some cases, an expungement may help.
What is the purpose of an expungement in Minnesota?
An expungement is a court order that prevents others from seeing a criminal record. In Minnesota, this does not erase or remove the record. Instead, it means it is sealed from most public view. As such, most private employers would not see the record during a traditional background check.
What types of employers could still see an expunged record?
There are some exceptions. Certain types of employers can see a criminal record even with a successful petition for expungement. This generally includes employers in the government sector like a law enforcement agency and other state and federal agencies. Certain positions that require professional licensure can also have access.
How do I expunge a misdemeanor in Minnesota?
Most petitions are filed in the county where the case occurred. Each county has local filing practices. Some counties set hearings months out while others move faster. Expect steps like petition preparation, service on agencies, waiting periods and a hearing or administrative review depending on eligibility.
Eligibility often turns on the offense level, disposition, waiting period, new convictions, restitution and the presence of any pending charges.
If you want a clear answer on whether Minnesota employers can still see your expunged record based on your county, your charge and your target job field, schedule a free consultation. This can lead to a practical plan for next steps and help you to move forward with your future.