a job offer was revoked.

[jerryswe]

would MN statute 364 apply to my situation?

I recently applied for a part time liquor store clerk position at a city owned establishment. on the application i didn't disclose past covictions because i assumed MN bureau of criminal apprehension's statement "criminal history becomes nonpublic after 15 years" applied. my mistake.


i recieved an interview and a few days later recieved a job offer contingent on background check.

a few days following the job offer i recieved a telephone call revoking the job offer. when i asked why, i was informed that the offer was revoked based on past criminal convictions and recommendation of the police chief. he didn't feel comfortable with the two felony theft arrests (which were dismissed), a misdemeanor possession of stolen property and DUI.

ALL of the above convictions were in the mid and late 1980's. since then, i have recieved nothing more than traffic violations. I requested i be provided the revocation in writting as well as the police chief's recommendation. i have yet to recieve anything.

I was young and dumb, but have since refrained from any illegal activity, i went to college, etc. I am not an attorney, but it sure seems they violated state statute.

 

[jacksgal]

There is no illegal act. Your offer was based on a "clear" background check. Yours was "not"! Furthermore depending on the wording on the application your failure to document your criminal past is also cause to revoke job offer.

 

[jerryswe]

thank you for your reply. you're saying MN statute 364 doesn't apply to this situation?

the application didn't say anything about nondisclosure of convictions resulting in disqualification.

I'm not an attorney so the legal aspects are out of my realm. I'm just trying to understand the situation.

it appears the statute is quite clearly saying i cannot be disqualified based on conviction record? it also sez elsewhere nonconvictions cannot be considered. but i was told they were.

"The following criminal records shall not be used, distributed, or disseminated by the state of Minnesota, its agents or political subdivisions in connection with any application for public employment nor in connection with an application for a license:
(1) Records of arrest not followed by a valid conviction".

"no person shall be disqualified from public employment, nor shall a person be disqualified from pursuing, practicing, or engaging in any occupation for which a license is required solely or in part because of a prior conviction of a crime or crimes, unless the crime or crimes for which convicted directly relate to the position of employment sought".

i can be a licensed police officer, i can be issued a permit to carry a concealed handgun, but i can't work part time in a liquor store.

 

[cbg]

Even if you cannot be disqualified on the basis of a conviction record, you CAN be disqualified on the basis of a falsified application (a lie of omission is still a lie).

 

[Duranie]

Who says you can become a police officer? If you have criminal convictions, VERY unlikely any department would hire you.

You lied on your application, yes they can revoke the offer.

I have a hard time believing the state of MN can bar an employer from hiring felons and criminals.

 

[jerryswe]

I have a hard time believing the state of MN can bar an employer from hiring felons and criminals.

the statute only applies to employment of applicants with criminal records to the state of minnesota or it's political subdivisions.

here is the link to the state statute.

https://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT_CHAP&year=2006&section=364

an excerp from the statute; "This chapter does not apply to the licensing process for peace officers, if the applicant for the license has been discharged from sentence for a conviction within the ten years immediately preceding application"

"Violation of the rights established in sections 364.01 to 364.10 shall constitute a violation of a person's civil rights"

here is a link to a case where this statute was used

http://www.oah.state.mn.us/aljBase/211111975.rt.htm

 

[jerryswe]

Who says you can become a police officer? If you have criminal convictions, VERY unlikely any department would hire you.


I have a hard time believing the state of MN can bar an employer from hiring felons and criminals.

MN statute allows licensing as a peace officer if you have no felony convictions, which i don't.


did you read the statute? the statute doesn't apply to ALL business, only government entities...

are these replies experinced legal interpretation or opinions?

 

[jacksgal]

The answers given here may or may not be from licensed Attorneys who may or may not work in topic field or area. Asking questions on internet from faceless persons of unknown backgrounds is risky and should not be used to replace actual legal advice from a qualified Attorney in your area. The people here are volunteers who may or may not practice law but have knowledge or experience in area being discussed. Those giving replies also use search engines (like google) to find statutes that contain the posters answer as well. Once more if you seek actual legal advice find an Attorney in your area.