Indiana background check law allows sealing of records for first offense

There are multiple reasons as to why an employer would run a background check on a potential new hire. They may want to verify school records present on a new college graduate's resume or check to make sure certifications required to fulfill a position were completed and are up-to-date. Many companies dig into an individual's background to make sure they are being truthful and that their past actions will have no negative bearing on the firm. This is particularly important when a position calls for interactions with consumers or handling money, such as at a short term lending company. However, completing this task recently became harder in Indiana. Some employers are upset about a new law being implemented by state lawmakers that would seal the records of many residents with a criminal record. Indiana adopts new regulations According to the Associated Press, thousands of state residents are asking local judges to seal their prior criminal records so potential employers cannot see them. The source said these motions are being granted, though government organizations are having trouble keeping up with the influx of requests. Since the inception of the law earlier this year, 1,700 court orders have been approved to close the records, the AP reported. However, the News and Tribune explained the law doesn't go into effect until July 2013. The regulation states that police are the only group allowed to see the prior charges or convictions. Moreover, there are certain restrictions to the rule - it only applies to older, low-level convictions. However, this may still affect businesses currently. Several parts of the law may be reviewed Some parts of the new regulation seem to be in conflict with various laws regarding the fair reporting of information. As such, before the rule's inception, many hearings are being held to discuss the particulars, The Journal Gazette reported. According to the newspaper, backgroundchecks.com executive vice president Chris Lemens told a committee that his company would have to challenge the consititutionality of the law if it is implemented as is. The main concern of many civil service workers is that they are not moving through the sealing requests fast enough, the AP explained, which could result in a lawsuit if an employer attempts to run a background check before the records are no longer available. The source said background checking companies that have an individual's records on file due to a past check can also be in trouble legally if they share that information.