The Indiana Criminal History Record Policy aims to establish guidelines and regulations regarding the collection, maintenance, and dissemination of criminal history records within the state of Indiana. This policy plays a crucial role in enabling the criminal justice system to maintain accurate and up-to-date criminal records, supporting various legal and administrative processes. Under this policy, several types of Indiana Criminal History Record Policies can be identified, including: 1. Background Checks: The policy outlines procedures and standards for conducting background checks on individuals seeking employment or volunteering in certain sensitive positions, such as in schools, healthcare facilities, childcare centers, and law enforcement agencies. These checks help employers make informed decisions based on an individual's criminal history, ensuring the safety and security of vulnerable populations. 2. Expungement: Indiana also has policies in place for the expungement of certain criminal records. Expungement allows individuals who have completed their sentences and demonstrated rehabilitation to have their criminal records sealed or erased. The policy sets forth eligibility criteria, waiting periods, and the application process for expungement, aiming to provide opportunities for reintegration and a fresh start for reformed offenders. 3. Access to Criminal History Information: The policy defines the organizations and individuals eligible to access and request criminal history information, such as law enforcement agencies, employers, professional licensing boards, and the public. It specifies the permissible purposes for accessing such records, ensuring that they are used responsibly and in compliance with the law. 4. Record Retention and Dissemination: The policy establishes guidelines for the retention and disposal of criminal history records to ensure compliance with state and federal laws. It outlines the duration for which records are stored and the methods and procedures for secure destruction. The policy also addresses the dissemination of criminal history information to authorized entities, ensuring it is done within the bounds of privacy and confidentiality laws. Overall, the Indiana Criminal History Record Policy aims to strike a balance between providing access to relevant criminal history information and maintaining individuals' privacy rights. It ensures transparency, fairness, and accuracy in the criminal justice system by outlining procedures, eligibility criteria, and responsible use of criminal history records. It also recognizes the importance of rehabilitation and reintegration by allowing for expungement under certain circumstances.
Indiana Criminal History Record Policy
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Common background report red flags include application discrepancies, derogatory marks and criminal records.
For Indiana residents, the ISP criminal background check will cost $7-17 (amount subject to change), depending on how an organization or individual decides to complete the process. The options and processes for completing criminal background checks are detailed in the table below.
Most background checks can be completed between three days to one week. FBI checks usually take around 30 days. Although some instant background checks are available, these rely on databases that can be incomplete or inaccurate.
Nearly all background checks include a criminal-history check, based on information supplied by the candidate, including their Social Security number. Criminal background checks will reveal felony and misdemeanor criminal convictions, any pending criminal cases, and any history of incarceration as an adult.
Criminal Record Check: Verification of criminal record history by means of AFIS electronic fingerprint scanning. This confirms whether the individual has any of the following activity recorded against his/ her criminal record: Convictions, cases awaiting trial and warrants of arrest.
The law provides that, effective July 1, 2012, residents of Indiana with restricted or sealed criminal records may legally state on an "application for employment or any other document" that they have not been adjudicated, arrested or convicted of the offense recorded in the restricted records.
There is also no restriction on how far back criminal convictions can be reported. The FCRA's seven-year lookback period does not apply to background information about past employment, education, or credentials.
The Fair Credit Reporting Act (FCRA) has clear guidelines for conducting credit history checks and how far back screening can go. In most cases, screening can go back a maximum of seven years, but there are some exceptions to that rule. For example, previous bankruptcies can be reported up to 10 years back.
