Indiana Limits Employers from Accessing Particular Information from Criminal History Providers
It is about to become a little harder for employers to get criminal history information on individuals from the state of Indiana. On July 1, 2013 the second wave of Indiana House Bill 1033 will take effect. This law will significantly impact the scope of information that will be reportable to employers.
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Key components of the law:As of July 1st “Criminal History Providers” (aka background screening companies), will no longer be able to report:
- An infraction, arrest, or a charge that did not result in a conviction
- A record that has been expunged
- A record indicating a conviction of a Class D felony (if the Class D felony conviction has been entered as or converted to a Class A misdemeanor conviction); in certain circumstances, individuals are able to petition the court to reduce a Class D felony conviction to a Class A misdemeanor. For this reason, class D convictions that have been reclassified as Class A misdemeanor convictions will no longer be reported as originating as felony convictions; beginning July, 1, 2013, these convictions will only be reported as misdemeanor convictions. Class D felonies are the lowest level of serious crime and can include the following: burglary, cultivating marijuana, fraud, and driving under the influence. A Class D felony cannot be converted to a Class A misdemeanor if the individual is a sex or violent offender or if the Class D felony resulted in bodily injury to another person.
- Any record that the criminal history provider knows is inaccurate
What this means for employers:As of July 1st employers should be aware that any criminal record orders that are sourced from the state of Indiana will no longer include the information as listed above. Justifacts recommends that clients consult with their legal department to determine what changes, if any, need to be made to their hiring process in order to comply with this law.
For the complete text of the statute, please look here: Indiana House Enrolled Act No. 1033
It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.