HF558

Purpose

• The bill allows criminal history background checks to include arrest information and investigative information. It makes clear that, in addition to other information allowed by law, a background check may contain arrest and investigative information.

Main Provisions

• Amends Minnesota Statutes, specifically the section dealing with background checks (Section 299C.77).
• Authorizes the inclusion of arrest information and investigative information in a criminal history background check.
• Uses a “notwithstanding any law to the contrary” clause to ensure this addition can be used even if other laws might limit it.
• Clarifies that arrest information and investigative information may be included in background checks in addition to information already allowed by law.

Significant Changes to Existing Law

• Expands the data that may be included in criminal history background checks to explicitly cover arrest information and investigative information.
• Establishes a precedence that this information may be included despite potential conflicting laws, due to the notwithstanding provision.

Practical Implications and Considerations

• Could broaden what is reviewed or considered in background checks.
• May raise privacy and accuracy considerations for individuals subjected to background checks.
• The exact uses and scope (e.g., what decisions rely on these data) are not specified in the text provided.

Summary Notes

• The core shift is to explicitly permit arrest and investigative records to be part of criminal history background checks, alongside other information already allowed by law.

Relevant Terms - criminal history background check - arrest information - investigative information - arrest records - investigative records - Minnesota Statutes - 299C (background checks) - notwithstanding - background checks may contain arrest and investigative information