New Indiana Law Restricts Criminal History Reporting

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Contact Mike McCarty

Mike.mccarty@safehiringsolutions.com

317-745-6946

Who is Mike McCarty?

CEO SHS Metro Nashville PD Domestic Violence Division Breaking the Cycle iRefCheck

So Why Are We Here? Pendulum has shifted from Post

9-11 world EEOC Strategic Plan Ban-the-Box Legislation

Marion Co. Council discussing Restricted Credit Reporting

Why such a pendulum shift? Belief that proliferation in

criminal background checks is contributing to higher recidivism rates

Recidivism research over the past 25 years has held consistent that more than 50% of offenders return to prison within 5 yrs

Zero tolerance polices Iowa bank employee released over

conviction 49 yrs ago

Indiana Criminal History RestrictionsJuly 1, 2011 House Enrolled Bill 1211: Makes it easier to “restrict disclosure of

criminal records if: Person not prosecuted & charges

dismissed; Acquitted of all charges; Convicted of the crime and then it is

vacated; It is a Misdemeanor or Class D Felony

conviction that did not involve injury to another person AND it has been 8 years since sentence was served.

Requires action by individual More than 1,700 people have sealed their

records

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 arrested or convicted of the restricted or sealed record(s).

New 7/1/2012 Covered employers will NOT be

allowed to ask an employee, contractor or applicant about sealed or restricted criminal records (the statute does not define the term employer).

New 7/1/2012 The law prohibits courts from

disclosing information related to infractions(important to note this refers to infractions not misdemeanor and felonies) where the person is: not prosecuted or case is

dismissed; not convicted; convicted of the infraction but

case is vacated; or convicted of the infraction and

satisfied any judgment to the infraction conviction more than 5 years ago.

Effective 7/1/2013 will only allow reporting of convictions and not allow reporting:

an infraction, charge or arrest that did not result in a conviction;

a record that has been expunged; a record indicating a conviction of a

Class D felony if the felony conviction has been converted to a Class A misdemeanor; and

a record that the criminal history provider knows is inaccurate.

any record that has not been verified with the court within the past 60 days.

How does this impact you? Restricts information you will receive Federal FCRA restricts non-convictions to

7 yrs UNLESS salary $75K or up Recent example of school candidate:

5 records for theft/ crim conversion 1 felony- guilty- post conviction relief 2 misdemeanors-guilty- post

conviction relief 2 dismissed with past 7 yrs 3 warrants for FTA on cases

Nothing reportable next year

Potential Challenges

Several data collectors have: Presented to state legislature Criminal

Law & Sentencing Policy Study Committee

Threatened to challenge law

Crossroads….what should we do?

Critical that your lawmakers hear you….

How the law will impact your organization and the safety of those you serve

Adopt policies that are not zero tolerance and based on business necessity

Questions?

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mike.mccarty@safehiringsolutions.com Sign up for blog: info.safehiringsolutions.com