Tag Archives: employer cannot ask

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!

Things an Employer Cannot Ask You

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If you are applying for a job, there are several types of information an employer can legally ask you to disclose. In contrast, there are also several questions they cannot ask you. Continue reading to learn what a potential employer cannot ask you on a job application nor in an interview.

Criminal Record Expungement Attorney 317-636-7514

Criminal Record Expungement Attorney 317-636-7514


When you are looking for a new job, you can expect a potential employer to ask you questions. In fact, they are sure to ask about all kinds of information pertaining to your vocational and educational history, including references, criminal records, and even credit reports. Employers are also perfectly within their legal right to ask applicants about their job skills, and can even have them take certain tests to assess their job aptitude.

What They CANNOT Ask About

Although employers can ask a lot of questions about you, there are some topics that are off limits; primarily, those that discriminate. Below are a list of topics that are considered discriminatory. The exception to this rule is legality. If there is a legal reason that justifies asking a particular question, then it is permitted. Otherwise, you can politely pass on answering it on a job application or in an interview.

☓ Age
☓ Color
☓ National Origin
☓ Race/Ethnicity
☓ Religion/Creed
☓ Sex/Gender
☓ Sexual Orientation
☓ Gender Identity
☓ Marital Status
☓ Disabilities
☓ Pregnancy
☓ Public/Governmental Benefits

Criminal Records and Expungement

Since employers are allowed to inquire about an applicant’s criminal history, many people with criminal records are reluctant or hesitant to apply for a job. Certain types of criminal records can hold applicants back from getting professional licenses, promotions, or even entry level positions paid by the hour. This can affect a person for the rest of their life, and hold them back from a world of vocational opportunities.

Fortunately, some may quality for criminal record expungement or sealing, which can greatly improve a person’s employment potential. A person may quality to either expunge or seal their records. The difference between the two are complex, so it is important to discuss your eligibility with a licensed Indianapolis expungement lawyer who is well-versed in the Indiana expungement laws.

Furthermore, the petition process is rigorous, and requires astute implementation that only a lawyer can provide. You only get to petition for expungement one time in your life, and just one mistake on your application can take it all back in an instant. You need a licensed attorney to ensure your petition is implemented without a hitch.

Expunge Criminal Records in Indiana

Criminal Record Expungement 317-636-7514

Criminal Record Expungement 317-636-7514

Call 317-636-7514 to expunge criminal records in Indiana. We offer criminal record expungement services starting as low as $850! As a seasoned criminal defense law firm, we are well-versed in the new Indiana expungement laws, and know exactly how to file and obtain a legal expungement, successfully. Call our office at 317-636-7514 and schedule a free initial consultation to determine your eligibility, today.