2025 Session
Last amended: 2023 session
§ 609A.05 — No Duty to Discover; Employers and Landlords
Plain-Language Summary
This section protects employers and landlords from legal liability for not finding or using records that have been expunged. An employer or landlord does not have a duty to search for or consider expunged criminal records when making hiring or housing decisions. This removes any potential liability for missing sealed records during background checks.
609A.05 NO DUTY TO DISCOVER; EMPLOYERS AND LANDLORDS.
A landlord or employer does not have a duty to discover or use a record that has been expunged under this chapter or other law for purposes of making a housing or employment decision.
History:
History: History:
2023 c 52 art 7 s 19
Practical Notes
This section is important for understanding how expungement affects job and housing applications. Employers and landlords who do background checks are not responsible for discovering expunged records — but they also should not use expunged records if they somehow appear. For people with expunged records, this section supports the goal of expungement: allowing a fresh start in employment and housing without a past record being used against you.