Category Archives: Employee Background Check Laws

Employee Discrimination Has its Consequences for Employers

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A new law, appropriately termed the “Second Chance” law, was passed last year to allow people with past criminal convictions or arrests to conceal their records from public access through a process called criminal record expungement. This act, ACT No. 1482, was signed by Governor Mike Pence in July, and remains an active statute in Indiana, for now.

This laws applies to all Indiana-based employers and employers who hire individuals in the state of Indiana. Ex-offenders can request to have their past criminal activities sealed and expunged if they qualify. If a person qualifies to have their records expunged, employers will not be able to view past criminal histories on background checks, screens, and scans. This opens doors for past offenders that would not otherwise be available to them, such as buying a home, applying for a job, and much more.

Employee Rights

Anyone who applies for a job, or a promoted position in a company they already work for, cannot be denied employment solely for an arrest or conviction that has been expunged under law. This is unlawful of an employer to do, and they can be subjected to several penalties if reported or caught. Such violations are categorized as Class C infractions and can result in a contempt order by the courts, or even injunctive relief.

An employer can, however, ask an applicant if they have ever been arrested or convicted of a crime that has not been legally expunged. This will let the employer know if the job applicant is a habitual offender or criminal. They cannot, however, inquire about expunged records, nor ask directly if the employee has ever had a conviction or arrest expunged. Again, these are legal infractions that have major consequences.

So how do employers meet the standard of care in hiring suitable and safe employees if they might not be able to see all of a person’s criminal history? The answer is not so simple. If something were to happen, and an employer is confronted for negligent hiring, they can submit the individual’s order of expungement as evidence in support of their innocence. Also, extreme and serious crimes cannot be expunged, so employers never have to feat that they may be hiring an ex-murderer, sex offender, or rapist.

Expungement in Indiana

Call Expunge Criminal Record Indiana at 317-636-7514 for more information about criminal record expungement in Indiana. We are licensed attorneys with decades of trial and litigation experience, and now, we are extensively well-versed in the new Indiana expungement laws and processes. We can represent you on your journey to concealing past criminal arrest records, starting today! Call 317-636-7514 and schedule a consultation for criminal record expungement in Indianapolis, IN today.

Criminal Expungement Can Open New Doors for the Previously Convicted

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The new Indiana law regarding criminal record expungement gives past convicts new opportunities. Now, anyone that has been arrested or convicted at least five years ago or more can remove their criminal history from public records, so long as they qualify. There are restrictions that come along with any new statute, and this one is no different. Although there are stipulations, several people qualify for expungement. Removing these records can improve a person’s life and allow new prospects that would otherwise not be available to them. Continue reading to learn how criminal record expungement can open new doors for the previously convicted; as well as, who to call for superior expungement services in Indiana.

Expunging Criminal Records is Beneficial

There are several reasons why the new criminal expungement law has opened doors for the previously convicted. If a person was arrested in their young adult years, and convicted in a court of law, this conviction stays with them their entire lives; affecting their career opportunities, health insurance, international traveling agendas, and more. If this same person wishes to have this conviction removed from public records so that it cannot affect these areas of their life, they can now do so. It would be extensive listing all the benefits and outcomes to criminal record expungement; but here is a short list of the most rewarding advantages when you expunge criminal records:

Certificate of Actual Innocence

If someone was found not guilty, or the charges were eventually dropped, not only can they have the arrest removed from their criminal history, they can also receive a “Certificate of Actual Innocence” basically saying they should never have been arrested and charged to being with.

Renting a Home or Office

Potential landlords cannot view or get access to arrest or criminal records of a person who has expunged them. These records are sealed and not disclosed to property owners and landlords. This allows people to rent better living arrangements and commercial office space. This is especially beneficial to families with children who require more space, safer neighborhoods, and better school districts.

Job Applications and Interviews

Employers cannot access or view criminal history and records of any applicant or employee if that person has had their records expunged. This gives several men and women an opportunity to get better paying jobs. This is a great advantage for men supporting their families, and single mothers raising their children. Not only can these better jobs pay more, they can offer benefits for the whole family; such as family health plans, insurance, 401K, and more.

If you have been convicted of a crime more than five years ago, and have completed all your probation requirements and court fees, you may be eligible for criminal expungement. It is advised to contact a lawyer who specializes in criminal record expungement for optimal service. The process is simple, but even a tiny mistake can ruin a person’s chances of expunging their records. This is because a person gets only one chance to file for expungement. If they or their lawyer files anything incorrectly or in the wrong order, their claim will be dismissed and they cannot apply ever again. This is why it is important to consult a professional and reputable law office.

Criminal Record Expungement Services in Indianapolis, IN

Call Expunge Criminal Record Indiana at 317-636-7514 for the most reputable and effective criminal record expungement services in Indianapolis, Indiana. We have been professional litigators for more than 25 years, and have studied and followed the expungement laws since they were first introduced in Indiana. Trust us to file for expungement in Indiana. We offer free first consultations too! Call and speak to a licensed attorney at 317-636-7514 to get accurate and reliable information about criminal record expungement in Indianapolis, IN and its surrounding counties.