Employee Discrimination Has its Consequences for Employers

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.

Employer’s Ability to Perform Background Checks is Currently Limited Under a New Indiana Law

A new Indiana law, most recently in affect, further restricts business owners and employer’s rights to file for a background check on any potential hire. Not only can criminal records be restricted from companies, full identity pictures may also be blocked as well. This new law is in fact an addendum to the ruling passed nearly two years ago; allowing people to expunge crimes from personal records so long as they qualify. In order to qualify, an applicant must meet all of the eligibility requirements lined out by Indiana legislatures. Continue reading to learn more about this criminal record expungement topic and its related issues in Indiana.

Restricted Access to Convictions Law

The Restricted Access to Convictions Law was ratified in July 1, 2011. Under certain conditions, it gave ex-convicts an opportunity to restrict criminal convictions from their personal record; and still does. This law allowed any person with a misdemeanor or Class D felony to legally petition to the courts to have their past crimes erased from their criminal records. The missed factor was that this ordinance only applied to public agencies and databases, not private or commercial ones.

The idea behind introducing the law was to give people with past minor offenses a second chance at securing better jobs, incomes, and benefits. Because of the minor loophole, this new addendum has been introduced to further restrict employers’ access to criminal records in all databases.

Employer Restrictions Addendum and Related Violation Infractions

If a person has their criminal records expunged, the new law permits them to deny any past criminal offenses on job applications and interviews. These same employers will not be able to locate any criminal history on an applicant’s personal record either, under the new law. In fact, it is a Class B infraction for any employer to ask an applicant if their criminal history has been sealed or expunged from their record. Violations of this rule can result in fines reaching or exceeding 1,000 dollars.

It is a Class C infraction for any employer or company to deny or discriminate against people that have had their past criminal convictions expunged from their personal record. Any employer or person in violation of this rule can be held in contempt of court; and may also be sentenced to provide some kind of non-monetary restitution, or injunction.

Under the new law, in effect as of July 2013, criminal history providers are required to change, update, and correct their databases accordingly, to reflect recent expungements. They cannot release non-conviction information as well. Penalties for such infractions include: liquidated and statutory damages, attorneys’ fees, court costs, and more.

Criminal Expungement Information in Indiana

Call 317-636-7514 for accurate updates and information surrounding the new criminal expungement addendum’s in Indiana. We are highly knowledgeable and practiced criminal attorneys with a strong focus on Indiana Criminal Expungement. We are the lawyers to trust for dependable and professional advice regarding you or your loved one’s criminal record. For expungement services and inquires in Indiana, call 317-636-7514 and schedule your first free consultation with a licensed and reputable attorney today.