The counties that submit information to the primary state criminal information repository are the source of the data for this Indiana background check. In Indiana, employers frequently use this kind of background investigation to find out if potential hires have any criminal histories outside of their home county. Statewide criminal background checks pull criminal data from multiple counties.
Knowing and adhering to state laws and regulations that may specify what information can be taken into account when making hiring decisions is necessary when conducting background checks in the Hoosier State.
It’s dangerous to conduct background checks on your own because you might get in trouble with the law. It is highly recommended to work with a credit reporting agency, also known as a CRA, for a background check. It is the duty of a credit reporting agency to be knowledgeable of Indiana background check regulations. Reputable CRAs assist you in avoiding traps like:
- failing to detect criminal activity
- revealing too much information, including details that are prohibited from being taken into account during the hiring process by law
There is a big chance that a background check will turn up too much information. Employers are forbidden by laws like the Federal Fair Credit Reporting Act (FCRA) and the Americans with Disabilities Act (ADA) from using certain protected information when making hiring decisions. Using a CRA who is familiar with Indiana’s complicated background check laws is essential when hiring there.
Hiring Decisions Based on Criminal Records
Although it is against the law in many states for employers to reject applicants solely because of their criminal history, Indiana does not have such a law. Employers are free to do this here. They are not required to inform the applicant that their criminal record played a role in the decision not to hire them.
However, applicants do have some protection. Employers are not permitted to inquire about applicants’ restricted or sealed criminal histories. If the only records an applicant has are restricted or sealed, they may leave the criminal conviction box on an application blank when answering “no.”
Additionally, job applicants are protected by the Fair Credit Reporting Act (FCRA) of the Federal Trade Commission and the Equal Employment Opportunity Commission of the United States. These guidelines should be carefully followed by employers because they apply regardless of state regulations. This includes the need to obtain an applicant’s written consent before conducting a background check and disclose in writing that doing so is a requirement for employment.
Types of Criminal Background Checks
There are three types of criminal background checks available in Indiana:
- Class A misdemeanors and felonies are disclosed by a limited criminal history search.
- Expanded Criminal History Check – includes all arrests and charges from out-of-state as well as all counties in Indiana
- A thorough investigation that reveals charges and comprehensive information about cases at the federal and state levels is the National Full Criminal History Report.
A background check is necessary for many jobs, including those in the financial, public transportation, childcare, medical, and security sectors. However, as a matter of corporate policy, any business may request a pre-employment background check.
Regarding Limited Criminal Records
Only felonies and class A misdemeanor arrests in the state of Indiana are included in a limited criminal history. The participation of the counties determines how complete this information is. A Limited Criminal History can also be obtained by mailing a request form to the Indiana State Police as an alternative to conducting a search online. To print a request form to mail, click here.
Money orders will be the only payment method accepted for background checks with a limited criminal history as of May 1, 2014. The Indiana State Police, Criminal History Limited Check, P.O. Box 6188, Indianapolis, IN, 46206-6188 must receive money orders made payable to the State of Indiana, either in person or by mail.
Restrictions due to a Criminal Record
Other state-wide limitations on background check information are scarce in Indiana. Employers are not specifically prohibited from taking an applicant’s credit history into account by the state, for instance. Employers in Indiana are still subject to federal protections like those established by the Equal Employment Opportunity Commission and Title VII of the Civil Rights Act.
Employers must notify applicants if they plan to run background checks, and they must also inform applicants of any rejections that result from the report. Only the sealed records exception prevents private employers from asking about an applicant’s criminal history due to state preemption of ban the box laws.
According to DOT regulations, if your company hires truck drivers, you must contact the drivers’ previous employers and check the FMCSA Drug and Alcohol Clearinghouse for infractions. To make sure that your drivers have a spotless record for driving safely, you should also run a Motor Vehicle Report (MVR).
For the best outcome from an Indiana background check, it is advisable that you follow the above recommendations. They are meant to make your background search experience easier.