The Impact of Criminal Records on Employment Opportunities in Indianapolis
According to research, between 70 and 100 million Americans have some type of criminal record. This is as many as one in three Americans with a criminal record. Having a criminal record can create a variety of serious consequences in any state, including Indiana. Even an arrest without a conviction can create a barrier that stands in the way of a person’s successful reentry into society. For example, having a criminal record can present obstacles to employment. In Indianapolis, employers are less likely to hire a person with a criminal record. If an employer conducts a background check and finds an arrest or conviction, they might not be willing to hire you. Fortunately, there are laws in place to protect people looking to get a job with a criminal history. Read on!
Background Checks in Indianapolis
In Indianapolis, employers use criminal background checks to find out about a job candidate’s criminal past. Fortunately, there are state laws in place to protect individuals seeking employment with a criminal history. In 2014, a new law was passed in Indiana that specifies the kind of information that criminal history background providers can give to employers. According to the law, a criminal history provider cannot provide an employer with criminal history information relating to the following;
- A record that has been expunged
- A record that has been marked as confidential by a court and is not intended for public dissemination
- A record showing a conviction of a Level 6 or Class D felony if the felony has been entered as a Class A misdemeanor conviction or converted to a Class A misdemeanor.
- An inaccurate record
According to the law, a criminal history background provider can only provide the above information if the individual requesting the criminal history report is required by law to obtain the information.
Also, the law limits reporting of non-conviction and pending records. According to Indiana law and the Fair Credit Reporting Act, it is illegal to report a non-conviction or arrest that is older than seven years.
Expunging Criminal Record in Indiana
Expunging your criminal record can help you prevent the record from affecting your ability to get a job. Expunging a criminal record means having the record hidden from public view. As mentioned in the previous section, a criminal history background provider cannot give an employer criminal history information relating to a record that has been expunged. However, not everyone with an arrest, conviction, or other criminal record qualifies for expungement. A qualified attorney can help determine if you can file for an expungement. If you qualify for expungement, an attorney can help you with your petition to give you the best chance of succeeding.
Can an Employer Ask You About Your Criminal Background on a Job Application?
In Indiana, employers can ask job applicants about their criminal backgrounds on applications. However, you can’t be asked about a criminal record that has been expunged. If you have a criminal record that has been expunged, you can lawfully deny that you have a criminal past.
Contact Us for Legal Help
Our Indianapolis criminal defense lawyers at Rigney Law LLC can help protect our rights and mitigate the impact of a criminal record on your life. Contact us today to schedule a consultation.
Source:
sentencingproject.org/app/uploads/2022/08/Americans-with-Criminal-Records-Poverty-and-Opportunity-Profile.pdf
