Background Checks in Indiana
There are specific regulations for criminal background checks in Indiana and how employers can use information to make employment decisions. Although they can vary slightly between cities and counties, there are common procedures and restrictions that must be followed. At XpungeIndy, our legal team can help you understand your rights when it comes to employment and background checks. Contact us today for a free consultation. 317-647-5476
What information can employers obtain?
- Arrest records and indictments for Class A Misdemeanors and all types of felonies can be considered if the arrest occurred or charges were brought under one year ago. This limited criminal history can be requested directly from law enforcement agencies.
- Criminal records where arrests resulted in convictions are allowed to be considered by employers.
What information is not disclosed?
- Expunged and sealed criminal records are not disclosed and businesses are prohibited from asking about those records on applications or during the interview process.
- State and public sector employers cannot conduct a criminal background check until after an initial interview, if they are planning on moving forward with that candidate.
What happens when employers conduct criminal background checks in Indiana?
When an employer is going to conduct a criminal background check, they must notify the candidate of their intention to do so. Employers have to receive written consent from the applicant as well. Most private companies in the state request criminal history information, employment verification, and education verification on their background check reports.
Because they are not allowed to obtain restricted information, it is essential that you pursue expungement and sealing for your records. Our legal team at XpungeIndy have the experience and passion to pursue a second chance for you.
What do criminal background checks in Indiana reveal about me and what can I do about that information?
If you have a criminal record, your report will show the case number, arrest date, charge, case disposition, disposition date, charge severity, and sentence. Certain types of information, including arrests that are older than seven year and did not result in a conviction, liens, and civil judgments cannot be reported on a pre-employment background check.
Once an employer receives the information, they must comply with the two-step adverse action process before determining whether or not to hire you.
- Step 1 – The employer will send you a written notice in a pre-adverse action letter. This will inform you about the information they have uncovered, will provide you with a copy of the background check, and will include a copy of the Summary of Rights under the Fair Credit Reporting Act (FCRA). This letter will also tell you that you will not be hired for that position you applied for.
- When you receive the notification, you have a right to ensure all the information on the background check is accurate and you have a right to dispute anything that is not accurate.
- Step 2 – After the employer has waited a reasonable amount of time, they will send you an official adverse action notice. It will include a Summary of Rights under the FCRA, provide formal notice of the adverse action, and provide you with contact information for the consumer reporting agency that prepared the report. At this juncture, the employer must permanently destroy the background check results.
- During the waiting period, you have the opportunity to respond to any inaccuracies. You also have the opportunity to address your past mistakes, so that the employer can consider new skills you’ve obtained, what you learned from the experience, and why your past will not prevent you from doing well at this job.
Once everything about criminal background checks in Indiana has been taken into consideration, an employer is still able to decide whether or not to hire you. Of course they have to comply with Indiana Laws and Federal Laws. If you believe they have not complied with the law and that you have been discriminated against, you may file a discrimination charge. Hiring a qualified attorney for this process will ensure you are taking the correct steps to protect your rights.
Our lawyers at XpungeIndy will help you expunge your record so it doesn’t appear on criminal background checks in Indiana
You don’t want past mistakes to affect your future. Even though employers can conduct criminal background checks in Indiana, records that are expunged or sealed will not appear. That is why we recommend that you pursue your second chance and we are here to help you do just that. Contact XpungeIndy today for a free consultation. 317-647-5476