Legal Question in Criminal Law in Minnesota

I was investigated but was never either arrested or charged, however I lost my daycare license. Will this be on back ground check.


Asked on 3/24/13, 9:35 pm

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. There are multiple sorts of background checks. Multiple agencies and businesses, including small 1-person businesses, perform such searches and then typically create a written report. The Minnesota Bureau of Criminal Apprehension (BCA) performs many background checks of various sorts. Following are examples of some of the sorts of background checks that are commonly done:

One type checks the criminal history: In Minnesota, anyone may request a check of the criminal history of a person.

Another type checks employees who work with �vulnerable adults� (such as children, elderly and disabled persons, persons with other serious physical, mental or emotional impairment or dysfunction).

Another type checks employees who will have contact with children as a part of their job (e.g., employees of schools).

Another sort of background check is done on any employee who may access a tenant�s home in a rental property.

Child service workers face a type of background check.

Private security officers undergo background checks.

The level of scrutiny varies with the nature of the particular background check and the basis for it being made.

Errors on reports, of all sorts, can and do occur.

A common way for a person to seek attorney help is when he/she was turned down for a job, or lost a job, due to a background check (many employers conduct background checks on all employees in an ongoing manner, not just at the time of hiring).

I suggest that you may want to have a private and confidential consultation with an attorney to seek legal advice regarding your situation and how it may affect you in the future. I suggest you phone several attorneys in choosing one to help you, to ensure that you feel a sense of great comfort and trust. All the best.

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Answered on 3/25/13, 5:49 am


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