New Indiana Criminal Records Law Could Create Problems for Employers

House Enrolled Act 1482 updates Indiana’s criminal records law

Indiana Governor Mike Pence enacted a new law, effective July 1, 2013, that permits individuals arrested or convicted of certain crimes to have those records sealed.

Under the new law, which is a revision of the “Second Chance Law” enacted by the 2012 Legislative Session, individuals who are convicted of misdemeanors or class D felonies can request to have their criminal records sealed after five years, or eight years in the case of a class D felony.  Such a petition requires the ex-offender to:

  • Not have been charged with or committed other crimes
  • Successfully complete their sentence
  • Not have a pending or existing driver’s license suspension
  • Pay a licensing fee

Individuals convicted of sexual and violent crimes, such as murder and manslaughter, are not eligible to have their records sealed. The release of sealed criminal records, other than law enforcement officials acting in their official capacity, is prohibited without a court order.

Indiana employers are encouraged to review their non-discrimination policies and employment applications to determine whether revisions are necessary to ensure compliance with the new law.

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