Employee Background Checks: Top Myths Debunked

In the realm of hiring and recruitment, employee background checks have become a standard procedure for many companies. These checks are done to ensure that potential employees have no red flags in their past that could negatively impact their performance or the company’s reputation. However, there are plenty of misconceptions and myths surrounding these background checks that often lead to confusion and misinformation.

In this blog post, we will debunk some of the top myths about employee background checks and shed some light on the truth behind them.

Call 317-636-7514 to Speak With a Criminal Record Expungement Lawyer in Indianapolis
Call 317-636-7514 to Speak With a Criminal Record Expungement Lawyer in Indianapolis

Top Myths About Employee Background Scans

Myth 1: Background Checks are Only Used for High-Level Positions

One of the most common misconceptions about employee background checks is that they are only required for senior or executive positions. This could not be further from the truth. In reality, background checks should be conducted for every candidate, regardless of the role they are applying for. After all, a company’s success depends on the collective efforts and actions of all employees, not just those in top positions. Additionally, conducting background checks for every candidate ensures fairness and consistency in the hiring process.

Myth 2: Background Checks Only Look at Criminal Records

While checking criminal records is an essential part of employee background checks, it is not the only aspect that is evaluated. Background checks also involve verifying employment history, education credentials, and professional licenses. These checks help to confirm the accuracy of the information provided by the candidate on their resume and in job interviews. They also provide insight into a candidate’s work ethic and qualifications for the position.

Myth 3: A Criminal Record Automatically Disqualifies a Candidate

Another prevalent myth is that having a criminal record automatically disqualifies a candidate from being hired. While certain criminal convictions may make a candidate ineligible for specific positions, most companies do not have an absolute ban on hiring individuals with criminal records. Each case is evaluated individually, taking into consideration the nature and severity of the offense, how long ago it occurred, and its relevance to the job. Giving individuals with criminal records a fair chance at employment can also be beneficial for society, reducing recidivism and promoting rehabilitation.

Myth 4: Job Interviews are Enough to Assess a Candidate’s Background

Some companies believe that conducting thorough job interviews is sufficient to evaluate a candidate’s background. However, this is not always the case. Interviews rely heavily on a candidate’s self-reporting, which may not always be accurate. Conducting background checks provides an objective and more comprehensive evaluation of a candidate’s background and can uncover any red flags that may have been missed in the interview process.

Myth 5: Background Checks are Expensive and Time-Consuming

It is true that conducting employee background checks does require some investment of both time and resources. However, with advancements in technology and online databases, background checks have become more accessible and affordable than ever before. Also, the cost of hiring an employee with a troubled past can be much higher in terms of potential legal fees, damage to company reputation, and loss of productivity compared to the relatively small expense of conducting a background check.

BONUS- MYTH #6: You are Stuck With a Damaging Criminal Record for Life

You do not have to be stuck with a poor criminal record forever. Here in Indiana, many past offenders qualify for criminal record expungement and record sealing. Also known as Indiana’s Second Chance Law,  this law makes it possible to conceal past criminal records from the public and most employers. If you qualify for expungement or sealing, your employer will not have access to your criminal record during background checks, unless they request the information directly from a courthouse in which the case was heard.

Conclusion

Employee background checks are an essential part of the hiring process and can help companies make informed decisions about their potential employees. However, it is crucial to separate myths from facts when it comes to these checks. Conducting fair and thorough background checks not only ensures a safe and productive working environment but also allows individuals with troubled pasts a chance at redemption. So, the next time you hear one of these myths, remember the truth and make informed decisions when it comes to employee background checks. 

Are you ready to submit your petition for record sealing or expungement in Indiana? Contact the Law Office of David E. Lewis today at 317-636-7514 to book an appointment with an experienced criminal expungement lawyer in Indianapolis, Indiana. Our legal team is devoted to providing astute and aggressive criminal defense for appeals, all while fighting for your entitlement to a reduced or dismissed conviction.

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How to Answer Employers’ Questions About Your Criminal Record
Are Background Checks Keeping You From Getting a Job?

Read This If You Are Confused About Indiana Criminal Record Expungement

Employers, landlords, banks, school admission offices, professional licensing organizations, and even the general public can access municipal record directories to a person’s criminal history. Such access will give someone information about past infractions, arrests, charges, convictions, court sentences, and even rehabilitation orders. Therefore, if you are someone with a criminal record, you might want to know how to restrict these records from public access by taking advantage of the new Indiana criminal record expungement or record sealing laws. Whether you are granted expungement or record sealing will depend on several factors, primarily your individual case history.

Continue reading to learn the basics surrounding criminal record expungement and sealing in Indiana, including how to confirm your eligibility and get started on your petition as soon as today.

Indiana Criminal Record Expungement Lawyer
Indiana Criminal Record Expungement Lawyer 317-636-7514

Hire a Criminal Record Expungement Lawyer in Indiana

If you are having trouble understanding the various laws, restrictions, and processes surrounding criminal record expungement, do not feel defeated. These laws are highly complicated, thus requiring an acute and extensive knowledge of the law to fully understand how it works. So, your best course of action to take is to contact a licensed Indianapolis criminal defense lawyer who specializes in appeals and expungement, and who is well-versed in the New Indiana Second Chance Law. Your lawyer will be able to describe all aspects of the relevant law to you with a unique focus on your particular case history. In contrast to law books and legal references, they can debrief you on all your options and requirements in a language you can clearly understand.

Learn About Criminal Record Expungement

The new Indiana criminal record expungement law officially took effect on July 1st of this year.  This law allows people to petition for misdemeanors and Class D Felonies to be expunged or restricted from their personal records.  This means employers would not be able to see criminal histories of potential employees by running standard background checks.  This new law has the potential to change lives for people who have had trouble gaining or retaining employment due to their criminal backgrounds. 

Unfortunately, not everyone qualifies to have their records expunged or sealed.  There are several conditions, restrictions, and requirements that dictate a person’s qualifications for approval.  Fortunately, numerous people do qualify. You cannot truly know until you speak with a lawyer and have them review your case. In order to be eligible, a defendant’s application must establish certain criteria.

Some common ones include time passed, type of crime, habitual offenders, and more.  Furthermore, a defendant cannot have any current or pending charges against them, they must have a valid drivers’ license, and they must have successfully completed their sentence and all legal obligations surrounding their crime, including probation.  If a defendant meets all these conditions, they may be eligible; however, there are still many more types of criteria to pass. Only a lawyer can help you accurately determine your eligibility.

Potential Restrictions

Along with prerequisites and stipulations, there are also restrictions that can prohibit a person from qualifying for criminal expungement.  On this list of restrictions, a person who intends to clear their criminal history cannot restrict this information from criminal justice agencies and child service agencies.  Moreover, a person can only file a petition one time; however, they can petition to expunge several convictions at once if they qualify.

Are you ready to get your petition for criminal record expungement or sealing started today? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free case evaluation with a licensed criminal record expungement lawyer in Indianapolis, Indiana.

You Might Also Read:

Who Can Access Expunged Criminal Records?
Criminal Record Expungement FAQS for 2021
Can I Expunge My Arrest if I Am on Probation?

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

Read This if You Were Arrested But Not Convicted in Indiana

Quickly answer these questions:

Have you ever been arrested in Indiana?
Were you not convicted after your arrest?

If you answered yes to both of these questions, you will be thrilled to hear that you are likely eligible to have that arrest record expunged from your criminal history. Continue reading to learn more about Indiana criminal record expungement, and how to get started on your petition today.

An Arrest Doesn’t Have to Be a Part of Your Past Anymore.

Get to Know Indiana Criminal Record Expungement

Criminal Record Expungement in Indiana

Also known as the Second Chance Law, Indiana criminal record expungement legislation now allows past offenders, even many of those who do have convictions, to destroy or seal their arrest records from the general public. What does this mean for you? Well, those who clean up their criminal record have better quality lives because they are more eligible and qualified for job opportunities, promotions, professional licensing, international traveling, education opportunities, rental and housing opportunities, and so much more. In fact, you’d be surprised to learn just how much a criminal record can hold person back from having a better quality of life.

So how you get started on criminal record expungement in Indiana?

You first have to hire a criminal defense lawyer who is well-versed in the Indiana second chance Law and all subsequent legislation changes and modifications. Not only is the law complex, but the application process for criminal record expungement or record sealing is very complex. Furthermore, even one small error, such as a misspelled word or a missed deadline, will eliminate you from being eligible for expungement because you applicants can only petition once. A second petition won’t even be glanced at.

Arrested But Never Convicted?

If you are arrested under suspicion of committing a crime, but the arrest never led to a conviction, you are in a good position to apply for criminal record expungement in Indiana. Usually, these types of cases are granted much faster than those with convictions. Even if your conviction was vacated, or you had an order of protection placed against you, you are still eligible for Indiana’s Second Chance Law. The only catch: you have to wait one year from the date of your arrest. For many, the arrests they wish to eliminate from their criminal record happened years ago; if this is like you, you are already eligible to get started on your petition.

Are you interested in learning more about your criminal record expungement eligibility? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation, today. We specialize in criminal record expungement legal assistance, and our services start as low as $850!

You Might Also Like:

Criminal Record Expungement FAQS for 2021
Can I Expunge My Arrest if I Am on Probation?
Indiana Will Now Let You Expunge Protection Orders

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

Let Attorney David E. Lewis Help You With Your Criminal Record Expungement Petition

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

In Indiana, criminal record expungement is now legal, but under very specific circumstances. One vital stipulation is that petitioners (YOU) only get one attempt at filing for criminal record expungement (or sealing). Although it is called the Second Chance Law, there are no second chances at getting your application right. Furthermore, only a number of offenses can be expunged or sealed, and courts will only grant record expungement based on several key requirements.

So What Does This All Mean?

It means that not everyone will qualify for criminal record expungement, and for many different reasons. However, for those who do qualify, record expungement will open up new doors and opportunities in various aspects of life, including employment, housing, bank loans, financial aid, and more.

Why You Need Legal Assistance

If you are interested in petitioning for expungement, it is important for you to know that the process required of the petitioner is extremely complicated and rigorous, and revolves around a stringent schedule that’s difficult to follow. One small filing mistake, missed deadline, or even a misspelled word can cause a person to lose our on their chance at sealing their public criminal history forever.

How to Get Started With Your Petition

For the sake of your future and well-being, it is imperative to retain the professional legal counsel of a licensed Indianapolis criminal defense attorney who’s extensively familiar with the Indiana expungement laws, and provides services for filing and petitions. David E. Lewis, Attorney at Law, is well-versed in the new Indiana criminal record expungement laws, and knows the precise procedure to obtaining approval. He provides criminal record expungement services starting as low as $850!

Indianapolis Record Expungement Services

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law at 317-636-7514 to seal arrest records in Indiana. He works around the clock to ensure your petition is carefully managed and filed in every aspect. And his services start as low as $850, so virtually anyone can afford to clear their criminal records or petty crimes and arrests. Call his office today at 317-636-7514 to schedule a free initial consultation to assess your petition and determine your eligibility for criminal record expungement.

Are Business Owners Responsible for Preventing Criminal Acts?

As a business owner, can you be criminally liable if you do not take the necessary actions to prevent criminal activity on your premises? This is a good question for any business owner, especially if they are currently facing charges for a similar offense. To better answer this question, take a look at a similar 2012 case, and the court proceedings that resulted. Then be sure to consult a trusted and experienced Indianapolis criminal defense lawyer for professional advice and guidance.

Indianapolis Expungement Lawyer 317-636-751

Indianapolis Expungement Lawyer 317-636-7514

Santelli v. RAHMATULLAH, 966 N.E.2d 661

Cite Numbers: 966 N.E.2d 661
Docket Number: 49A04-1011-CT-704
Filed: 3/29/2012

The case of Santelli v. Rahmatulla, 966 N.E.2d 611 was a tragic injustice to the victim’s family. In 2005, James Santelli was staying at a motel owned by Abu Rahmatullah while working on a construction project in town. Just before Santelli’s stay, Abu Rahmatullah hired a general maintenance worker named Joseph Pryor. Joseph Pryor was a convicted felon and had a warrant out for this arrest for a probation violation, but was given the job by Rahmatullah anyway.

Shortly after he quit, but held on to a master hotel key that gave him access to every room on the premises. On the night of October 16 or 17, 2005, Pryor entered Santelli’s room and proceeded to rob him, resulting in Santelli’s murder. Pryor was eventually convicted of an 85 year sentence, and is still serving that time to this day.

Rahmatullah was not charged criminally for the case even though he made some negligence business decisions. Indiana law recognizes a duty of a hotel owner to safeguard their patrons, so Rahmatullah was still held liable outside of criminal law. Not only was the motel located in a high crime area, Rahmatullah failed to keep exterior doors consistently closed, failed to keep the locks in working order, and never monitored the pool and lobby security cameras.

Furthermore, he failed to perform background checks on his staff and hired individuals with violent criminal histories. As a result, jury returned a verdict finding the total damages in the amount of $2,070,000.00, and apportioned 2% of the fault for Santelli’s death to Rahmatullah. So for his negligence and the contribution he inadvertently had in Santelli’s death, he was order to pay $41,400.00, which is 2% of the total damages found by the jury.

It was a hefty remuneration, so naturally, he appealed in 2010. The appellate court ordered the jury to be instructed on the very duty doctrine, a common law doctrine that holds a premises owner owes a level of reasonable care to protect patrons against a foreseeable crime. The Supreme Court of Indiana vacated the decision and granted transfer. The court heard oral arguments from both sides and was presented with conflicting views on the supremacy the “Comparative Fault Act”, or the “very duty doctrine. The Comparative Fault Act dictates that where a plaintiff is found more than 50% at fault, the plaintiff cannot recover.

The case sparked the interests of both the Defense Trial Counsel of Indiana (DTCI) and the Indiana Trial Lawyers Association (ITLA), which wrote opposing amicus briefs to help guide the court on the issue. The Supreme Court’s decision could have had wide-ranging consequences on business owners. If the appellate decision had remained, then Indiana business owners will potentially face enhanced premises liability for the criminal acts of others.

Is Your Criminal Record Holding You Back?

To limit such liability, business owners now have to conduct criminal background checks on all employees, which means that convicted criminals face dismal opportunities for employment and housing. If you are having trouble getting hired because of your criminal record, you should consider criminal record expungement or record sealing. There are new laws in Indiana that allow those who qualify to conceal their criminal background from the public, including employers.

Indianapolis Expungement Lawyer

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law at 317-636-7514 to seal arrest records in Indiana. Our services start as low as $850, so virtually anyone can afford to clear their criminal records or petty crimes and arrests. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense lawyer you can trust.