Indiana Background Checks
Indiana employers should always utilize a comprehensive criminal search for their pre-employment screening needs. The Indiana State Judiciary maintains criminal records from all 92 counties. A majority of this data is reported to national databases, but not all. In order to dig deeper and ensure every possible record is found on a job candidate, Intelifi can perform a real-time statewide criminal search, which will connect directly to the Indiana State Judiciary. This search will obtain anything recent, and anything not reported to the national database by the court. By utilizing this type of criminal search, you can rest assured your job candidates do not have criminal history.The state judiciary in Indiana reports all Felony and Misdemeanor convictions, which range from crimes such as Simple Assault, to more severe crimes such as Grand Theft.Contact an account representative at Intelifi today to get started.
- Restriction : Use or inquiry of sealed, expunged, pardoned or erased records
Employer/landlord cannot ask employee, contract employee or applicant whether any criminal record has been sealed or restricted (restriction relates to procedure regarding disclosure of low level offenses categorized as “infractions”).
This is under IC 35-38-9-10 (at one time it was under IC-35-38-8-7-(b)) effective July 1, 2012. Violation by user is a Class B infraction. The law also restricts records the courts may release and appears to allow each court to adopt its own rules as to what records are available. Clearly the law attempts to make convictions for low level offenses called infractions, less available to employers, landlords, etc. In addition, a new provision is created to allow qualifying defendants to convert a Class D felony to a Class A misdemeanor. Upon the conversion, reference to the prior felony charge is not allowed. This provision would arguably relate to accurately reporting a record; so the CRA should follow this provision. Further, convictions of infractions are available for five (5) years only.
Exceptions of Note:
Anyone with a restricted record for a conviction for an infraction may state that they have no such conviction. IC 34-28-5-16(g). The law elsewhere, IC 35-38-8-7(b), prohibits inquiries about sealed records and it is strange that these provisions do not parallel each other.