Are Arrest Records Accessible by the Public in Minnesota?

All criminal records start with an arrest, which involves having the police take a person into custody after suspicion of committing an offense. An arrest doesn’t always translate into a conviction; however, it can remain on your record and have negative effects on your socioeconomic life. Like convictions, arrests are part of public record in Minnesota. This guide takes an in-depth look into what having your arrests as public records means to you and what you can do about it.

What Is Contained In an Arrest Record?

The arrest record typically contains the arrestee’s information, such as name, physical description, date of birth and address, contacts, etc. It will also cite the reason for the arrest, the charges filed against you, and the date, time, and location of the arrest. Additional information will include fingerprints, mug shot photographs, mention of documents and evidence seized during the arrest, and the circumstances of the arrest. You can seek a consultation with an experienced attorney, such as Minnesota criminal defense lawyer Omeed Berenjian, to gain a more comprehensive understanding of the role that these details play in legal proceedings.

Impact of a Record on a Person’s Life 

A record of arrest, though not proof of guilt, can still impact the arrestee’s life negatively years after the arrest. A public record is accessible by everyone, so when you are in a situation where another person needs to look into your background, they will see your arrest history. 

As such, it can affect your life by limiting your chances of securing employment or getting accommodation. There are laws against discriminating against job applicants on the basis of their arrest records, but there is no assurance that employers will always abide by the rules. If it comes to a choice between a person with an arrest record and one without one, the person with a clean record has a higher chance of landing the job. 

Protections against Discrimination

As mentioned earlier, there are laws for protecting individuals with a criminal history against unfair treatment when seeking employment. Title VII of the 1964 Civil Rights Act is one example of such a law which applies across all states. The Equal Employment Opportunity Commission (EEOC) also offers guidelines on how to fairly screen job seekers and employees based on their criminal history. There is also a requirement that the information processed by background-checking firms be accurate. 

Minnesota has what is known as a “ban the box” law for all private employers. The law passed in 2014 prohibits employers from asking questions regarding an applicant’s criminal history unless they have been shortlisted for an interview or when they make a conditional offer of employment. 

An employer is allowed to inform applicants beforehand of any criminal record that would lead to disqualification. For example, a school may state that it won’t hire any individuals with a sex crime or a violent assault record. It is important to note that arrests are different from convictions, so an employer cannot rightfully use an arrest to discriminate against you if it didn’t lead to a conviction. 

Getting Rid Of Your Arrest Record

An arrest record doesn’t go away if you do not get a conviction. If you want it out of your records, you can petition the court to expunge or seal it. After an expungement, it no longer appears on the public record, but law enforcement may still access it on their private record. Some types of convictions are also inexpugnable after you have served a sentence and waited for the prescribed period or are acquitted. Clearing your criminal record may involve some legal technicalities that may be challenging to the layperson, so let a Minnesota criminal lawyer guide you.

Conclusion

While arrest records are open to the public in Minnesota, there are laws in place to protect those with a criminal history from undue discrimination. There are also provisions in place that allow you to petition the court to expunge or seal your arrest record. In such situations, seeking the help of a good lawyer always helps improve your chances of success.