A criminal record can create significant barriers when searching for housing in Indiana. Understanding how your record affects your housing opportunities and knowing how to navigate these challenges can help you secure a place to live.
Does Your Criminal Record Affect Your Housing Opportunities in Indiana?
Your criminal record can impact your housing opportunities in several ways. This guide explains the following:
- How landlords use background checks
- Types of offenses that impact housing eligibility
- Legal protections and limitations
- Tips for securing housing with a criminal record
- How an attorney can assist
Here’s a closer look at each.
How Landlords Use Background Checks
Landlords often use background checks as part of their tenant screening process. These checks can reveal past criminal convictions, which can influence a landlord’s decision to rent to you. Many landlords view a criminal record as a potential risk to the safety and security of their property and other tenants. As a result, a criminal record can lead to applications being denied or increased scrutiny during the application process. Understanding that landlords commonly use these checks can help you prepare and strategize your approach when applying for housing.
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Types of Offenses That Impact Housing Eligibility
The type of offense on your criminal record can significantly affect your housing opportunities. Landlords are generally more concerned about certain types of offenses, such as violent crimes, drug-related offenses, and property crimes. These offenses are often perceived as indicators of potential future behavior that could harm the property or other tenants. Conversely, less serious offenses or those that occurred many years ago may have less impact on your housing prospects. However, any criminal record can still pose challenges, and it’s important to be aware of how different offenses are viewed by landlords.
Legal Protections and Limitations
While landlords have the right to conduct background checks, there are legal protections in place for individuals with criminal records. The Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. Although criminal history is not explicitly protected under this act, the U.S. Department of Housing and Urban Development (HUD) has issued guidance stating that blanket policies excluding individuals with criminal records may violate the Fair Housing Act if they result in discriminatory effects. Landlords must consider the nature, severity, and recency of the offense, as well as whether the individual poses a legitimate risk.
Tips for Securing Housing With a Criminal Record
Securing housing with a criminal record can be challenging, but several strategies can improve your chances. First, be upfront about your criminal history. Honesty can build trust with potential landlords and demonstrate your commitment to transparency. Second, provide character references or letters of recommendation from employers, community leaders, or other reputable individuals who can attest to your reliability and good conduct. Third, offer to pay a higher security deposit or several months’ rent in advance to alleviate concerns about potential risks. Additionally, consider applying for housing through non-profit organizations or housing agencies that assist individuals with criminal records.
Related: 5 common questions about expungement in Indiana
How an Attorney Can Assist
An attorney can provide valuable assistance when navigating housing challenges with a criminal record. They can help you understand your legal rights and protections, as well as guide you in presenting your application effectively. An attorney can also assist in expunging your criminal record if you are eligible, which can remove or seal certain offenses from your record and improve your housing prospects. Consulting an Indiana expungement attorney can provide you with the guidance needed to navigate this complex process and enhance your chances of securing housing.
FAQ About Criminal Records and Housing Opportunities in Indiana
Check out these commonly asked questions about how criminal records affect housing opportunities in Indiana. If you don’t see your question here, please call our office and we’ll find you the answers you need.
How Do Landlords Use Background Checks in Tenant Screening?
Landlords use background checks to reveal past criminal convictions, which can influence their decision to rent to you. These checks are a standard part of the tenant screening process.
What Types of Offenses Are Most Likely to Affect Housing Eligibility?
Violent crimes, drug-related offenses, and property crimes are the types of offenses that most commonly impact housing eligibility. These are often seen as indicators of potential future behavior that could harm property or other tenants.
Related: 3 things you should ask an expungement lawyer
Are There Legal Protections for Individuals With Criminal Records?
While criminal history is not explicitly protected under the Fair Housing Act, HUD guidance suggests that blanket policies excluding individuals with criminal records may violate the act if they result in discriminatory effects. Landlords must consider the nature, severity, and recency of the offense.
How Can an Attorney Help With Housing Challenges Related to a Criminal Record?
An attorney can help you understand your legal rights, assist in expunging your criminal record if eligible, and guide you in presenting your housing application effectively to enhance your chances of success.
Understanding how a criminal record affects your housing opportunities in Indiana and knowing how to navigate these challenges can significantly improve your chances of securing a place to live. By being honest, proactive, and seeking legal guidance, you may be able to overcome these barriers and find suitable housing. Consulting an experienced attorney will provide you with the necessary support to navigate this process effectively.
Do You Need to Talk to an Indiana Expungement and Sealing Attorney?
If you’re ready for a fresh start, we may be able to help. Call us at 317-647-5476 or fill out the form below for a free consultation on expungement. We’re here to answer your questions and get you the fresh start you deserve.
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