Indiana Criminal Records Legislation – Effective July 1, 2012 (Note: Certain sections are effective July 1, 2013)
Posted on 7/9/2012 1 by Nicolas Dufour
In:
Show All Categories,
Background Screening,
|
0 Comments
Posted by Nicolas Dufour, Chief Regulatory Counsel
Indiana Governor Mitch Daniels has signed HB 1033 into law. Sections two (2) through seven (7) of this new legislation became effective July 1, 2012, but Section one (1) will not become effective until July 1, 2013. This section of legislation pertains to “Criminal History Providers” or Credit Reporting Agencies (CRA’s) and aims to restrict the criminal history information provided to employers. However, this section may be preempted by the Fair Credit Reporting Act.
The new law has implications for both arrest and conviction record information received from the state.
Effective July 1, 2012, the State added new requirements to the Indiana Code which requires the court to restrict disclosure of information relating to an offense/infraction to a non-criminal organization or individual if:
- The person alleged to have committed the offense/infraction is not prosecuted;
- The infraction is dismissed;
- The person is found not to have committed the infraction; or
- The judgment is reversed on appeal.
The new law establishes a process for individual’s to follow to restrict disclosure of the information relating to the infraction if the court fails to act on its own.
For individuals found to have committed an infraction, newly added legislation requires court restriction or sealing of any records relating to an infraction five (5) years after the date a person satisfies a judgment imposed on the individual for the violation of an infraction (conviction information).
The new law allows any person whose records have been restricted under the new statute, to legally state on an application for employment or any other document that the person has not been arrested for or convicted of the felony or misdemeanor recorded in the restricted records; and makes it a Class B infraction against any employer who would ask an employee, contracted employee, or applicant whether the individual’s criminal record has been sealed or restricted.
The new law also allows a court to convert a Class D felony conviction to a Class A misdemeanor conviction under certain circumstances as outlined in statute.
The link to the statute as signed by the governor is attached below:
http://www.in.gov/legislative/bills/2012/PDF/HE/HE1033.1.pdf
Please consult your own legal counsel if you have any questions regarding the foregoing legislative information.
The above article is not offered as legal advice but is instead offered for informational purposes. First Advantage Corporation is not a law firm and does not offer legal advice. The above article is therefore not intended as a substitute for the legal advice of an attorney knowledgeable of the user’s individual circumstances. First Advantage Corporation makes no assurances regarding the accuracy, completeness, currency or utility of the above information. Legislative, regulatory and case law developments