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New Indiana Law Restricts Use of Criminal Records

Effective July 1, 2013, Indiana will permit the expungement of certain criminal records and prohibit employer discrimination based on the expungement of any current or prospective employee’s conviction or arrest record. The new law allows people who have committed crimes in the past to receive a clean slate. Persons who have been charged with or convicted of a misdemeanor in Indiana may petition the court for expungement of those records after five years following the conviction, and the court must expunge the crime so long as: the petitioner has no charges pending against him/her, has not been convicted of a crime during the five-year period since the conviction, does not have a driver’s license suspension existing or pending, and has successfully completed all parts of the criminal sentence. The same law provides that persons convicted of Class D felonies may follow the same procedure for expungement of those felonies after eight years following the conviction. The law does not provide for expungement of certain violent and sexual crimes. Indiana employers should review their application and interview procedures to ensure compliance with the new legislation.

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