Indiana Limits Employers from Accessing Particular Information from Criminal History Providers
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. All in all, it is about to become a little harder for employers to get criminal history records on individuals from the state of Indiana.
Key Components of the Law:
As of July 1st, 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. Accordingly, 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. Also, 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.
In order to comply with this law, Justifacts recommends that you consult with your legal department. This will help your company determine what changes, if any, need to be made to your hiring process.
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. 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.
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