Legal Question in Civil Litigation in Minnesota

disclosure of criminal history that is not publicly available
Is there any law that protects against disclosure of criminal history to an employer that would not have been available through a background check?

More specifically.

Suppose a person is charged with a felony and arrested. The charge is dropped to a misdemeanor and then dismissed after a short period of community service. During a divorce, a wife tells her husband's employer about the felony charge and time spent in jail and community service in order to cause him harm. It makes the work environment very difficult, and hurts the husband's professional reputation.

I know this is not defamation, but there must be some protection to keep people from spreading damaging information that is not available to the public. Any suggestions on where to look or what to do?

Asked on 9/01/04, 10:12 pm

David Anderson Anderson Business Law LLC

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Re: disclosure of criminal history that is not publicly available

Actually, the communication you described is defamation. A dismissed misdemeanor charge is not a felony conviction.

Only truthful communication concerning the charge and its dismissal are privileged.

If asked, you must disclose convictions.

BUt if your misdemeanor charges were actually dismissed, you were not even convicted of a crime.

Answered on 9/01/04, 11:13 pm

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