What Job Seekers Need to Know: The Legal Aspects of Employee Background Checks

Posted on May 6, 2024 by admin

In today’s job market, the significance of background checks in the hiring process cannot be overstated. For employers, they are a critical tool in ensuring workplace safety and integrity. For job seekers, they represent a potential hurdle to overcome, especially for those with a criminal record.

Yet, the legal landscape surrounding employee background checks is complex, governed by a myriad of federal and state laws designed to balance the needs of employers with the rights of job applicants. This post aims to demystify the process, highlighting the legal framework, employer obligations, job seeker rights, and guidance for navigating a criminal record.

Call 317-636-7514 For Professional Criminal Record Expungement Assistance in Indiana

The Legal Framework of Employee Background Checks

The foundation of employee background checks in the United States is underpinned by several federal and state laws. Key among these is the Fair Credit Reporting Act (FCRA), which sets the guidelines for employment screening. The FCRA requires employers to obtain written consent from job applicants before conducting a background check and mandates that they follow certain procedures if they decide not to hire based on the findings.

Equally significant are the “Ban the Box” laws implemented in various states and cities. These laws prohibit employers from asking about criminal history on initial job applications, delaying such inquiries until later in the hiring process. This movement aims to level the playing field for individuals with past convictions. Fifteen states recognize Ban the Box laws, but Indiana is sadly not one.

Employer Obligations

When conducting background checks, employers have several responsibilities. Firstly, they must ensure they have the applicant’s permission. Once a background check is conducted, and if adverse action (e.g., not hiring an applicant) is considered based on its results, employers are required to provide a pre-adverse action disclosure that includes a copy of the report and a summary of the applicant’s rights under the FCRA.

Furthermore, if an employer decides to proceed with the adverse action, they must then send an adverse action notice, informing the applicant of the decision, the contact information of the screening company, and the applicant’s right to dispute the accuracy or completeness of any information provided by the screening company.

Job Seeker Rights

Job seekers have the right to be informed if information found in a background check will be used against them in a hiring decision. They also have the right to access the information, dispute its accuracy, and receive a copy of their background check if they request it. Understanding these rights is crucial, especially for individuals who may have misleading or inaccurate information on their records.

Navigating a Criminal Record

Having a criminal record does not necessarily mean the end of the line for job opportunities. It’s essential for job seekers to know how to present themselves and their background in the best possible light. This includes being honest about past convictions and explaining the circumstances and rehabilitation efforts taken since then.

Criminal Record Expungement and Sealing

For those looking to clean up their criminal record, expungement and sealing offer a path to clearing past convictions under certain conditions. While expungement removes the record as if it never occurred, sealing hides the record from the public eye, though it remains accessible to some government agencies. The eligibility criteria for these options vary by state, and not all states have adopted these laws.

Indiana’s Second Chance Law

A noteworthy example of state legislation designed to aid individuals with criminal records is Indiana’s Second Chance Law. It allows for the expungement of certain types of convictions, offering individuals a fresh start and better employment prospects. Understanding the eligibility and application process for such laws can be a game-changer for job seekers.

Conclusion

Understanding the legal framework surrounding employee background checks is vital for both employers and job seekers. For employers, it ensures compliance and fair hiring practices. For job seekers, especially those with a criminal record, it offers insights into navigating the process and improving their employability. Ultimately, a clean record can significantly enhance job prospects, making knowledge of laws like Indiana’s Second Chance Law and the procedures for expungement and sealing of critical importance.

In a world where background checks have become a standard part of the hiring process, arming yourself with knowledge and taking proactive steps to manage your record can make all the difference.

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.

A Fresh Start: How to Determine if You’re Eligible for Record Expungement in Indiana

Posted on February 28, 2024 by admin

The shadow of a criminal record can often feel like an unshakable specter lingering over many aspects of life, from employment opportunities to rental applications and beyond. Luckily, for residents of Indiana, there exists a beacon of hope known as record expungement.

This legal process offers individuals the chance to erase or seal their criminal records from public view, granting them a much-deserved fresh start. This blog post aims to guide you through the initial steps of determining your eligibility for record expungement in Indiana, illuminating the path toward a brighter future unencumbered by the past. So, let’s get started!

Call 317-636-7514 When You Need a Criminal Record Expungement Lawyer in Indianapolis Indiana

Understanding Record Expungement in Indiana

Before diving into the specifics of eligibility, it’s essential to have a basic understanding of what record expungement is and how it works. In simple terms, record expungement is the legal process of sealing or erasing certain criminal records from public view. This means that they will not appear on background checks and will not need to be disclosed in most situations. Expungement differs from a pardon, which is the forgiveness of a crime but does not erase the record.

In Indiana, there are specific criteria that determine whether or not an individual is eligible for record expungement. These criteria vary depending on the type of offense and the outcome of the case. Let’s break down the different categories of eligibility:

Misdemeanor Offenses

For those with misdemeanor offenses, there are two types of expungement: limited and unrestricted. Limited expungement is available for those who were convicted but completed a diversion program or received a sentence of less than one year, with no more than three previous convictions. Unrestricted expungement is available for those who successfully completed their sentence or probation period, with no more than two previous convictions.

Felony Offenses

The eligibility criteria for felony offenses are more stringent. Generally, in order to be eligible for expungement, the individual must have been acquitted of the charges, had the case dismissed without a conviction, or received a pardon from the governor. However, there are some exceptions to this rule, such as certain drug offenses and Level 6 felony convictions under certain conditions.

Juvenile Offenses

Expungement is also available for individuals who were charged with juvenile offenses but have since turned 18 years old or completed their juvenile supervision. This process seals the records and makes them unavailable to the public.

Non-Eligible Offenses

It’s worth noting that not all offenses are eligible for expungement. For example, violent crimes and sex offenses are generally not eligible. Additionally, there is a waiting period before an individual can file for record expungement, ranging from three to ten years depending on the severity of the offense.

The Importance of Seeking Legal Assistance

Navigating the legal system can be overwhelming and confusing, especially when it comes to record expungement. That’s why it’s crucial to seek the guidance of a qualified criminal defense attorney who specializes in this expungement and appellate law. They will be able to review your case and determine if you’re eligible for expungement, guide you through the process, and ensure all necessary documents are filed correctly.

It’s also important to note that the expungement process can be time-consuming, and mistakes or missing information on your petition can result in delays or even denial of expungement. Working with a lawyer can help ensure that all steps are followed correctly and increase your chances of a successful outcome.

Final Thoughts and Key Takeaways

Having a criminal record can severely limit opportunities for employment, housing, education, and more. Record expungement offers a chance at a fresh start, and it’s essential to take advantage of this opportunity if you are eligible. By understanding the criteria for eligibility and seeking legal assistance, you can pave the way towards a brighter future without the weight of past mistakes.

If you believe you’re eligible for record expungement in Indiana and are ready to leave the shadow of your past behind, don’t hesitate to reach out for expert legal assistance. David E. Lewis, a seasoned criminal defense lawyer with extensive experience in helping individuals clear their records, is ready to guide you through the expungement process step-by-step.

Don’t let your past define your future. Contact David E. Lewis today at 317-636-7514 to schedule a free consultation for criminal record expungement in Indiana. Start now to take the first step towards securing your fresh start. Our law firm will get you the best possible outcome to your criminal case!

Restrictions to the Indiana Criminal Record Expungement Process

Posted on July 10, 2020 by admin

After expunging your criminal records, you can legally deny any past arrests or charges to employers, landlords, and more. But there are certain limitations to criminal record expungement, and for those who wish to conceal their arrest records, it is in their best interest to learn these restrictions ahead of time.

Continue reading to learn the limitations that go hand-in-hand with expunging criminal records, and who to talk to for additional industry advice and professional counsel.

Indiana Criminal Record Expungement 317-636-7514 — Indiana Criminal Record Expungement Services 317-636-7514

A Once in a Lifetime Opportunity

When someone wants to explore their options for criminal record expungement, it is important to first and fully understand that a person can only apply and be granted expungement one time in their entire lives. This means you cannot apply to have additional criminal and arrest records expunged after already having your records concealed in the past.

If you decide to pursue criminal record concealment, be sure that all your paperwork, filing, deadlines, and additional requirements are accurate and in-line. Failing to file even one document, or filing it incorrectly, can instantly eliminate your chances of expunging your criminal history, forever. This is why it is vital to enlist the services of a licensed attorney, familiar with your state’s new expungement laws, to facilitate the entire process to ensure that everything is done properly.

Criminal History Priors

Once a person has expunged or concealed their criminal history and arrest records, they can legally state they have never been arrested or charged with a crime to landlords, employers, and more. But if this same person is arrested after their records were concealed from the public, for a petty misdemeanor crime, the prosecutor can still pull up their concealed criminal history and see that they have had priors. This bumps their misdemeanor up to a felony, even though the person’s priors were expunged. Although records can be concealed, law enforcement and government officials will forever have access to a person’s “real” criminal records, and it can be used against them in future arrests.

Serious Vocational Roles

Again, even though a person has had their records concealed from the general public, there are certain entities that can access their true records. With this said, there are also certain vocations that a person might not be eligible for if they have a criminal history because these types of employers can also access their true records. Jobs like government positions, schoolteachers, juvenile services, daycare aides, corrections officer, security guards, court administrative jobs, as well as, professionally-licensed jobs like in the medical or legal field.

Where to Get Help With Criminal Record Expungement in Indianapolis, Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 for help with criminal appeals and expungement 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 317-636-7514 to schedule a free initial consultation, today.

INDIANAPOLIS CRIMINAL DEFENSE LAWYER

Tag Archives: record sealing