New Indiana Law Restricts Criminal History Reporting
New Indiana Law Restricts Criminal History Reporting Select speakers or Phone on Webinar tabThe Webinar will begin shortly. While you are waiting please sign up for our blog: http://info.safehiringsolutions.com
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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 Restrictions July 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 reportingof 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
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