Indiana House Enrolled Act 1033 provides many criminal record reporting restrictions for employers.

1. New Indiana Law Restricts
Criminal History Reporting
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2. Update
iRefCheck ready for beta
testing in October…..
Looking for a few beta testers
Contact Mike McCarty
Mike.mccarty@safehiringsolutio
ns.com
317-745-6946

3. Who is Mike McCarty?
 CEO SHS
 Metro Nashville PD
 Domestic Violence Division
 Breaking the Cycle
 iRefCheck

4. 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

5. 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

6. 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

7. 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).

8. 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).

9. 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.

10. 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.

11. 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

12. Potential Challenges
Several data collectors have:
 Presented to state legislature Criminal
Law & Sentencing Policy Study
Committee
 Threatened to challenge law

13. 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

14. Questions?
 Use Chat Box
 Or Email:
mike.mccarty@safehiringsolutions.com
 Sign up for blog: info.safehiringsolutions.com