Criminal Law in Indiana: What You Should Know About Criminal Records

Criminal law in Indiana encompasses a wide range of offenses, including felonies, misdemeanors, and infractions. Understanding the nature of criminal records and their implications is essential for individuals who are navigating the legal landscape, whether for personal reasons or professional implications.

In Indiana, a criminal record is a documented history of an individual’s criminal activity. This record can include arrests, charges, convictions, and any resulting sentences. Criminal records are maintained by law enforcement agencies, and they can be accessed by potential employers, housing agencies, and others typically through background checks.

One crucial aspect to understand about criminal records in Indiana is the difference between expungement and sealing of records. Expungement refers to the process of erasing a criminal record from public view, whereas sealing a record means making it inaccessible to the general public while still allowing certain government agencies to access the information when necessary. Individuals may seek to have their records expunged or sealed to improve their chances of employment or to gain other personal opportunities.

Eligibility for expungement in Indiana depends on various factors, such as the type of offense, the time elapsed since the completion of the sentence, and whether an individual has had subsequent convictions. Generally, individuals may be eligible for expungement if they are convicted of a misdemeanor or less serious felony, and they have completed their sentence, including parole and probation.

In addition to expungement eligibility, understanding how to obtain a copy of your own criminal record is vital. In Indiana, individuals can request their criminal history through the Indiana State Police. This process typically involves submitting a form along with identification and sometimes a fee. Reviewing your criminal record is vital to ensure its accuracy, especially before applying for jobs or housing.

Employers in Indiana are allowed to conduct background checks, and many do so as part of their hiring process. However, Indiana law also protects applicants to some extent. The Fair Employment Practices Act prohibits discrimination based on certain offenses, especially if they are unrelated to the job in question. This means that minor offenses may not necessarily disqualify someone from employment, depending on the nature of the position.

It’s also important to be aware of the “ban-the-box” movement gaining momentum across many states, including Indiana. This initiative encourages employers to remove the question about criminal history from job applications until later in the hiring process. This change aims to give individuals with criminal records a fair chance at employment without the immediate stigma of their past.

If you are facing criminal charges in Indiana, it is advisable to seek legal counsel. An experienced criminal defense attorney can help you understand your rights, navigate the legal system, and explore options for expungement or sealing of records if applicable. Knowing that a criminal record can have long-standing effects on many aspects of life underscores how crucial it is to approach your situation fully informed and prepared.

In conclusion, understanding criminal law in Indiana and the associated criminal records is essential for navigating challenges related to legal matters, employment, and personal growth. By familiarizing yourself with expungement processes, how to access your records, and employment protections, you can make informed decisions that will positively impact your future.