Client Login
Client Login
Book Now

A Complete Guide to Criminal Background Checks in Indiana

by | Dec 30, 2024 | Background Checks | 1 comment

A Complete Guide to Criminal Background Checks in Indiana

What You Need to Know About Criminal Background Checks in Indiana

Criminal background checks are essential tools used by employers, landlords, and various institutions to evaluate an individual’s criminal history. In Indiana, as in many other states, these checks are integral to maintaining safety and ensuring that people entrusted with sensitive responsibilities do not pose a risk to others. This section provides an overview of criminal background checks in Indiana, including why they are required, the process, and the types of criminal records available.

Why Are Criminal Background Checks Required?

Criminal background checks in Indiana are necessary for several reasons:

  • Employment: Employers use background checks to ensure candidates are trustworthy, especially for roles that require high levels of security or responsibility.
  • Housing: Landlords use background checks to assess the suitability of tenants and ensure a safe living environment.
  • Legal Purposes: Background checks are often required in legal matters, such as adoption, immigration, and firearm permits.
  • Licensing and Compliance: Certain professions, such as healthcare and finance, require background checks to meet legal or regulatory standards.

The Background Check Process in Indiana

The process of obtaining a criminal background check in Indiana involves several steps:

  1. Requesting the Check: Requests can be made through the Indiana State Police (ISP), FBI, or local law enforcement agencies.
  2. Submitting Information: Personal details, such as full name and date of birth, are required for the search.
  3. Processing the Check: The relevant agencies search their records to identify any criminal history, including arrests, convictions, and active warrants.
  4. Receiving the Report: The criminal background report is issued to the requesting party.

Agencies Involved in Criminal Background Checks

  • Indiana State Police (ISP): The primary agency responsible for criminal records in Indiana. They provide state-level background checks.
  • FBI: Conducts federal background checks and accesses nationwide criminal records.
  • Local Law Enforcement: Some checks may also require information from local police departments or county sheriff’s offices.
  • Private Companies: Services like Precisehire help businesses obtain background checks, ensuring compliance with Indiana laws.

Types of Criminal Records in Indiana

The types of records that may appear in a criminal background check in Indiana include:

  • Arrest Records: Documents of arrests made by law enforcement.
  • Conviction Records: Records showing an individual was convicted of a crime in a court of law.
  • Incarceration Records: Details about time served in prison or jail.
  • Active Warrants: Information about any ongoing warrants for an individual’s arrest.

These records are essential for making informed decisions in employment, housing, and legal matters.

Step-by-Step Process to Obtain a Criminal Background Check in Indiana

Obtaining a criminal background check in Indiana involves several steps, depending on the type of check you need and the agency processing the request. Here is a detailed breakdown of the process:

  1. Requesting the Check
    • State Background Checks: The primary source for a state-level criminal background check in Indiana is the Indiana State Police (ISP). You can request this check through the Indiana State Police website, by mail, or in person at their office. The ISP provides an online portal for individual background checks as well as a fingerprint-based system for employment or volunteer purposes.
    • Federal Background Checks: Federal criminal background checks are conducted by the FBI. These checks are necessary when an individual is being screened for positions that require national security clearance or a broader review of their criminal history. The FBI background check can be requested through the FBI website or an FBI-approved channeler.
    • Local Background Checks: For local background checks, individuals can contact the specific county or city law enforcement agencies. Local background checks are often required for positions involving direct contact with vulnerable populations (e.g., children, elderly) or for housing purposes.
  2. Providing Information
    • Personal Information: When requesting a criminal background check in Indiana, the applicant must provide specific personal details such as their full name, date of birth, and any other identifying information. This ensures the correct records are retrieved.
    • Fingerprinting: Some requests, particularly for employment or volunteer checks, may require fingerprinting. This is done to ensure accuracy and prevent misidentification. Fingerprints can be taken at designated locations, including law enforcement agencies or approved fingerprinting providers.
    • Consent: For employment and other specific checks, the individual’s written consent is required. This is especially important for employers who need to comply with the Fair Credit Reporting Act (FCRA), which mandates consent before performing a background check.
  3. Background Check Processing Once the request is submitted with the necessary information, the relevant agency (Indiana State Police, FBI, or local law enforcement) will process the request. The processing time depends on the type of check:
    • State-level checks are typically processed within 3–7 business days.
    • Federal background checks generally take longer, around 2–3 weeks.
    • Local checks are often quicker, ranging from 1–5 business days depending on the jurisdiction.

    The agency will search various databases, including state, national, or local criminal records, and cross-reference the details provided with their existing data. This ensures that all relevant records are accounted for in the final report.

  4. Receiving the Report After processing, the criminal background check report will be issued to the requesting party. The report will contain information on any criminal history, including arrests, charges, convictions, and incarcerations that match the individual’s identifying information. Depending on the type of check, it may include:
    • Arrest records
    • Conviction history
    • Incarceration records
    • Pending charges

    Note: The report does not automatically include expunged records, as these are typically removed from the system after a successful legal process to expunge the record.

Eligibility for Requesting a Criminal Background Check in Indiana

In Indiana, a variety of individuals and organizations are eligible to request criminal background checks. Below is a breakdown of who can request a criminal background check:

  1. Individuals
    • Individuals are allowed to request their own criminal background check for personal reasons such as applying for a job, renting an apartment, or checking the accuracy of their criminal history. This can be done online via the Indiana State Police website or by visiting a local police department.
  2. Employers
    • Employers in Indiana are permitted to request criminal background checks for potential employees, as part of the hiring process. However, the Fair Credit Reporting Act (FCRA) requires employers to obtain written consent from the applicant before conducting a background check. Employers must also follow proper guidelines for using the information, ensuring it is not used in discriminatory ways.
  3. Government Agencies
    • Government entities, including law enforcement agencies, courts, and state licensing boards, can request background checks for specific legal or regulatory purposes.
  4. Landlords and Property Managers
    • Landlords may request a criminal background check on potential tenants to ensure they are renting to individuals with no history of violent or criminal behavior that might pose a risk to others in the building or neighborhood.
  5. Other Organizations
    • Certain organizations, such as volunteer groups, schools, and healthcare providers, may require background checks as part of their vetting process for those working with vulnerable populations. This is particularly common in positions where individuals interact with children or the elderly.

Types of Criminal Background Checks in Indiana

Indiana offers several types of criminal background checks, each serving a different purpose. The most common types include:

  1. State Criminal Background Check
    • Conducted by the Indiana State Police, this check covers all criminal records held within the state of Indiana. It is typically used for employment and licensing purposes, especially for jobs that require working directly with children, elderly people, or vulnerable populations.
    • This check includes arrest records, charges, convictions, and sentencing information within the state.
  2. Federal Criminal Background Check
    • A federal check is typically requested when an individual is applying for federal employment, national security clearance, or positions with national organizations. This check looks for criminal activity in all 50 states and includes FBI records.
    • It is more comprehensive than state-level checks and may take longer to process due to the broader search.
  3. Local Criminal Background Check
    • Local background checks are performed by county or city law enforcement agencies and focus on criminal records that are specific to that jurisdiction. These checks are often requested for positions that involve local law enforcement or for housing applications where the focus is on a specific area or region.
  4. National Criminal Background Check
    • A national background check searches multiple databases across different states and jurisdictions, providing a broader view of an individual’s criminal history. This type of check is typically used when hiring for positions where a wider background check is necessary.

Time, Cost, and Processing of Background Checks

The cost and time for processing a criminal background check vary depending on the type of check and the agency involved:

  • State Criminal Check:
    • Time: 3–7 business days
    • Cost: Around $10–$20
  • Federal Criminal Check:
    • Time: 2–3 weeks
    • Cost: Around $25–$50
  • Local Criminal Check:
    • Time: 1–5 business days
    • Cost: Varies depending on the jurisdiction, typically $10–$15
  • National Background Check:
    • Time: 2–3 weeks
    • Cost: Around $30–$75

Some agencies offer expedited services for an additional fee, allowing quicker processing times. Additionally, online platforms provide convenient ways to submit requests and receive reports faster.

Services Offered by Precisehire

Precisehire helps businesses and organizations streamline the criminal background check process. With its easy-to-use platform, Precisehire offers a secure and fast method to perform both state and federal background checks while ensuring full compliance with Indiana’s legal requirements. Their service also integrates with other HR processes to save time and reduce administrative burdens. By offering automated solutions, Precisehire makes it easier for employers to meet compliance standards and quickly obtain accurate background information on potential hires.

Data Table: Comparing Types of Background Checks in Indiana

Background Check Type Processing Time Cost Scope
State Criminal Check 3–7 business days $10–$20 Indiana-specific records
Federal Criminal Check 2–3 weeks $25–$50 Nationwide records
Local Criminal Check 1–5 business days Varies City or county-specific
National Background Check 2–3 weeks $30–$75 State, federal, and local

Legal Considerations Surrounding Criminal Background Checks in Indiana

In Indiana, criminal background checks are subject to various legal regulations that protect both the individuals being screened and the entities conducting the screening. Below are some key legal considerations:

1. Consent and Confidentiality

Before a criminal background check is conducted, the individual whose background is being checked must provide written consent. This is crucial to comply with both state and federal privacy laws, including the Fair Credit Reporting Act (FCRA). This law ensures that individuals are informed of the check and gives them the opportunity to dispute any discrepancies in their records before the information is used for employment or other purposes.

Additionally, once the background check is complete, confidentiality is paramount. Employers or organizations must take appropriate steps to protect the privacy of individuals’ criminal history data, ensuring that the information is only shared with those who have a legal right to view it.

2. Use of Criminal Background Information

Indiana law places restrictions on how criminal background check results can be used. For example, an employer must make decisions based on factors such as the nature of the crime, how long ago it occurred, and its relevance to the position being applied for. Certain convictions, such as minor offenses or those expunged from the record, may not be used in decision-making.

Under the Indiana Fair Employment Practices Act (FEPA), employers must ensure that their hiring practices do not discriminate based on criminal history unless there is a direct relationship between the offense and the job requirements. Some offenses may disqualify applicants for specific positions, particularly those involving vulnerable populations.

3. Expungement of Criminal Records

In Indiana, certain criminal records can be expunged, meaning they are legally erased from an individual’s record. Expungement allows individuals to move forward without the stigma of a past conviction. However, not all criminal records are eligible for expungement, and the process can be complex. Individuals seeking to have their criminal records expunged must follow the legal procedure, including filing a petition with the court and meeting specific eligibility requirements, such as a waiting period after the conviction or the completion of their sentence.

The availability of expungement is important because it can influence the results of a criminal background check. Once a record is expunged, it is no longer available for employers or landlords to view when conducting a background check.

4. Fair Employment Practices and the Use of Background Checks

Indiana law requires that employers follow specific procedures when using criminal background checks in employment decisions. This includes:

  • Notification: Employers must notify candidates that a background check will be conducted.
  • Adverse Action Notice: If an employer decides not to hire an applicant based on the results of a criminal background check, the employer must provide the individual with an adverse action notice. This gives the candidate the chance to dispute the findings or provide an explanation.

Failure to comply with these regulations can lead to legal challenges, fines, or even lawsuits. For example, if an employer wrongly uses a criminal background check to discriminate against an applicant or violates the FCRA, they may be held liable.

Frequently Asked Questions (FAQs) about Criminal Background Checks in Indiana

The time it takes to process a criminal background check in Indiana depends on the type of check and the agency involved:

  • State criminal checks typically take 3–7 business days.
  • Federal criminal checks can take 2–3 weeks.
  • Local criminal checks can be processed in 1–5 business days, depending on the jurisdiction.

If you need a faster service, expedited processing options may be available for an additional fee.

Yes, Indiana law allows certain individuals to petition for expungement of their criminal records. However, not all convictions are eligible for expungement. Typically, individuals must meet eligibility criteria, such as completing their sentence, waiting a certain period, and not having committed another crime during that time. Expungement is a legal process that must be pursued through the court system.

A criminal background check in Indiana typically reveals:

  • Arrests: Any arrests made in Indiana that resulted in charges.
  • Convictions: Any convictions for crimes, including misdemeanors and felonies.
  • Sentencing Information: The penalties associated with a conviction, including fines and incarceration.
  • Pending Charges: If any charges are still awaiting trial, they may be noted in the report.

Expunged records are not typically included in background checks.

Several individuals and entities can request criminal background checks in Indiana:

  • Individuals can request their own background check for personal or professional reasons.
  • Employers are allowed to request background checks for potential employees as part of the hiring process.
  • Landlords can request background checks on prospective tenants to ensure safety in their properties.
  • Government agencies may request checks for law enforcement, regulatory, or legal purposes.
  • Other organizations, such as schools and healthcare providers, may request checks when hiring individuals who will work with vulnerable populations.

If you believe there is an error in your criminal background check, you should first contact the agency that provided the report, such as the Indiana State Police or the FBI, and request a correction. You may need to provide supporting documentation to dispute incorrect information, such as proof of expungement or evidence that the charge was dismissed.

If the issue cannot be resolved directly with the agency, you may need to seek legal assistance or file a formal complaint with the relevant authorities.

Conclusion

Criminal background checks in Indiana play a critical role in safeguarding public safety and ensuring that individuals are vetted properly for various purposes, including employment, housing, and legal matters. It’s essential to understand the types of checks available, the legal requirements for conducting them, and the implications of using background check results. By following the proper procedures and maintaining transparency, both individuals and organizations can ensure that the process is carried out fairly and legally.

For businesses looking to streamline their background check processes, services like Precisehire can offer reliable, fast, and compliant solutions to make the experience smoother and more secure for all parties involved.

Get A Washington Background Check Today

Get Started