Tag Archives: Criminal Record Employer Restrictions

How Does Expungement Prohibit Employers From Discriminating Against Applicants?

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If you have a criminal record from your past that is still lingering around and holding you back from a better life, perhaps it is time to learn what the new expungement laws can do for you. One of the most important and beneficial aspects of the new Indiana Second Chance Law is that it strictly prohibits employers from discriminating against applicants with criminal histories. This means you have a chance at higher employment, promotions, professional licenses, and more.

Continue reading to learn exactly what the Indiana expungement laws say about employer discrimination and applicant rights.

Criminal Record Expungement Attorney 317-636-7514
Indiana Criminal Record Expungement Lawyer 317-636-7514

The Indiana Second Chance Law Helps You Get Better Jobs

If you want to know what the Indiana Second Chance law states about employers and discrimination against applicants with criminal records, you will need to refer to the Indiana Expungement Statue, IC-35-38-9-10(b), which specifically states:

“(b) It is unlawful discrimination for any person to…

(1) suspend;

(2) expel;

(3) refuse to employ;

(4) refuse to admit;

(5) refuse to grant or renew a license, permit, or certificate necessary to engage in any activity, occupation, or profession;  or

(6) otherwise discriminate against;

…any person because of a conviction or arrest record expunged or sealed under this chapter.”

The statute goes on to say, “The Indiana Expungement Statue states that a person whose record is expunged shall be treated as if the person had never been convicted of the offense.  So after your successful expungement, on any employment application, or other applications, you can legally answer that you have never been convicted of a crime.”

**See Indiana Code 35-38-9, Sealing and Expunging Conviction Records

How to Apply for Record Expungement

The first step to petitioning for criminal record expungement in Indiana is to confirm your eligibility. Unfortunately, not everyone will qualify, as there are several prerequisites and stipulations. For instance, violent and sexual offenses are not eligible for expungement, nor are convictions in which you were found guilty of the crime. Also, a certain amount of time must pass before you can have a criminal record expunged. Read our blog, “Expungement or Record Sealing: Which Do I Qualify For?” to learn more about criminal record expungement and record sealing eligibility.

Professional Expungement Services in Indiana

Criminal Record Expungement 317-636-7514

Call our Indianapolis criminal record expungement lawyers at 317-636-7514 if you would like to petition for restricted access or expunge an arrest from your criminal record in Indiana. We are happy to provide free initial consultations to discuss your case without any out-of-pocket obligations. And our rates start as low as $850! Whether you are looking to seal or expunge a criminal record, we are the criminal lawyers to trust for a hassle-free petitioning process. Take advantage of this opportunity in Indiana, and get your criminal record expunged this year!

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

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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.