Law Tips: Indiana Criminal Background Checks

Law Tips: Indiana Criminal Background Checks

Employment law in Indiana is undergoing changes.  Are you up-to-date?  Law Tips is pleased to bring the latest information from our Employment Law faculty member Anthony Stites, Barrett & McNagny, Fort Wayne.  If you missed last week’s Law Tip relating to Indiana’s Right To Work Law, Click Here, you might to give it a glance after reading this update on Indiana’s Criminal Background Checks.

Indiana’s New Statute:
In addition to the EEOC publishing new guidelines on criminal background checks, Indiana has passed a background check statute. Effective July 1, 2012, applicants with restricted or sealed criminal records do not need to disclose such information on any application for employment.  Thus, an employer may not ask its applicants, or employees, including contract employees, whether the person’s criminal records have been sealed or restricted.

The new law also deals with infractions. These are minor offenses, usually traffic violations, that are not deemed criminal in nature and/or do not subject the offender to jail time.  Under the new law, if individual has committed an infraction has any judgment rendered and five (5) years has passed since the judgment, the clerk of the court cannot disclose any information regarding the infraction outside of the judicial setting.  The clerk of court cannot now disclose any infraction citation issued or related information if the infraction is not pursued by the court, is dismissed, or is later vacated.

What Change is Upcoming?:
Effective July 1, 2013, the law will further limit information available to employers.  At that time, employers will not be entitled to information of any infraction, arrest, or charge that did not result in a conviction; resulted in the record being expunged; any criminal record restricted by rule of court or by a judge; a record of a class D felony conviction if the conviction was reduced to a Class A misdemeanor; or any record that the provider knows to be inaccurate.

Employers may still ask the standard felony criminal conviction question with the appropriate follow-up. However, employees now can omit, without later consequences, disclosing any conviction which has been restricted or sealed and/or fits the exceptions above.

Thanks once again for the updates from our faculty member, Anthony Stites. These expert contributions maintain the quality of ICLEF’s programming and we appreciate the efforts.


About our Law Tips faculty member:
Anthony Stites, partner with Barrett & McNagny LLP, Fort Wayne, Indiana, represents business entities, ranging from very small to Fortune 100 companies, in handling all facets of their employment matters, including contract negotiations, labor arbitrations, NLRB proceedings, discrimination charges and suits, and workers’ compensation claims.

About our Law Tips blogger:
Nancy Hurley, Law Tips blogger, has long-standing connections with Indiana lawyers.  She was formerly a member of the ISBA and IBF staffs for over 30 years. Nancy’s latest lifestyle venture is with ICLEF. We plan to utilize her exceptional writing and interviewing skills while exploring how her Indiana-lawyer background fits with ICLEF’s needs.  When she isn’t ferreting out new topics for Law Tips, her work can be found in our Speaker Spotlight blogs, postings on the ICLEF Facebook page, Twittering and other places her legal experience lends itself.

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ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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