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.

Pros and Cons Surrounding the Indiana Criminal Record Expungement Law

The new criminal record expungement laws are earning mixed reviews among lawyers, legal committees, counsels, and magistrates. The critics are arguing that the new law, permitting past convicted criminals to expunge their records, just doesn’t quite add up. These reconsiderations are now encouraging our communities to discuss the advantages and disadvantages of the new record expungement law, and adopt our own outlooks or positions on it.

Indiana Record Expungement

The Indiana criminal record expungement law came into effect last year in an effort to relieve past offenders of their criminal record encumbrances. Its purpose is to allow people with a non-violent criminal record to conceal their criminal histories and arrest records from the public in order to qualify for better jobs and broader personal prospects. It prohibits the public, like employers and mortgage companies, from accessing a person’s criminal history in order to investigate their eligibility and entitlement. This means expunged records will not be revealed on a standard background check.

This new law is gaining much expected popularity among past Indiana offenders and criminals. According to a recent article published by IndianaBusinessJournal.com, this year more than 270 requests for criminal records expungement were received in the first six months just in Monroe County, IN (“Prosecutors: Expungement Law” par. 3). There are two principle arguments that continue to arise when discussing the pros and cons to criminal record expungement. The first argument is that the law gives people another deserved opportunity they have longed for their whole lives; while the second argument remains that the law degrades and debases our country’s justice system by essentially eliminating the long-term consequences of committing a crime.

In the same article published by IBJ.com, Monroe County Chief Deputy Prosecutor Bob Miller was quoted telling the Herald-Times of Bloomington, “On the one hand, it provides a sort of amnesty for people who made a mistake when they were younger that has haunted them since in terms of education and employment. That part is a good thing…but victims can think it unfair for an offender to clear his or her records…”(“Prosecutors: Expungement Law” pars. 5-6). This tells us that there are both positive notes, as well as doubts, no matter which side of the debate you are asking.

Although many will argue that the process of judges and prosecutors granting expungement is becoming very hasty and routine, there are still those who draw the line. Prosecutors in various counties across Indiana are frequently denying requests for expungement where they see it’s not fit or justified. For example, criminals with certain felonies, like sexual or violent crimes, are still requesting expungement but not receiving approval because of the severity of their crimes. The unfortunate part is, judges are not allowed to weigh testimony from victims when a person is being reviewed for expungement. This means that many people that may not deserve a clean record are getting one anyway.

Works Cited: “Prosecutors: Expungement Law Has Good, Bad Sides.” Indiana Business Journal, 20 July 2014. Web. 07 Aug. 2014. http://www.ibj.com/prosecutors-expungement-law-has-good-bad-sides/PARAMS/article/48674

Indiana Expungement Lawyers

Call 317-636-7514 to expunge your criminal records in Indianapolis, Indiana. We are reputable and adept Indianapolis expungement lawyers that are well-versed and proficient in the new Indiana criminal record expungement laws. Call us today at 317-636-7514 to learn more about criminal record expungement in Indianapolis, IN and its surrounding counties.