Law / United States / 
Minnesota
Postsecondary admission: limits on inquiring into an applicant's criminal record
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition, Disclosure
- Audit expectation
- none
What it requires
- If you are a postsecondary institution that is eligible for state student aid under section 136A.155, clause (1) (the Board of Regents of the University of Minnesota is requested to comply), do not inquire into, consider or require disclosure of the criminal record or criminal history of an applicant for admission (Minn. Stat. 135A.062, subds. 1 and 3).
- After you make an offer of admission, you may inquire into, consider or require disclosure of a conviction or delinquency adjudication from the previous five years for a violent felony or sexual assault, and you must give the applicant an opportunity to submit an explanatory statement, letters of recommendation, evidence of rehabilitation and any other supporting documents (Minn. Stat. 135A.062, subd. 3).
- Give applicants clear and detailed instructions and guidance on what criminal history requires disclosure, and do not require the applicant to provide official records of criminal history (Minn. Stat. 135A.062, subd. 3).
- If you rescind an offer of admission, explain the basis for the decision and give the applicant an opportunity to appeal it (Minn. Stat. 135A.062, subd. 3, clauses (1) and (2)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 135A.062 limits what a postsecondary institution may ask an applicant about criminal history and sets procedures for an offer made and rescinded. No record, audit or demand for a record is named. The section contains no territorial test.
- Kind
- None
- As of
What this law does
Section 135A.062 applies to postsecondary institutions under section 136A.155, clause (1), except that the Board of Regents of the University of Minnesota is requested to comply with this section. Under section 136A.155, a postsecondary institution is an eligible institution if it meets the eligibility requirements under section 136A.103.
Under section 136A.103, a postsecondary institution is eligible for state student aid if the institution is located in this state and is operated by this state or the Board of Regents of the University of Minnesota, or is operated privately and meets the requirements of paragraph (b). A postsecondary institution may not inquire into, consider, or require disclosure of the criminal record or criminal history of an applicant for admission.
After an offer of admission, the institution may inquire into, consider, or require disclosure of a conviction or delinquency adjudication that occurred within the previous five years for a violent felony or sexual assault. The postsecondary institution must provide the applicant with an opportunity to submit an explanatory statement, letters of recommendation, evidence of rehabilitation, and any other supporting documents.
The institution must not require the applicant to provide official records of criminal history. A postsecondary institution that rescinds an offer of admission must explain the basis for the decision to rescind and provide the applicant with an opportunity to appeal the decision to rescind. This section shall not prohibit or limit a postsecondary institution from inquiring about student conduct records at the applicant's prior postsecondary institution after making an offer of admission.
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