A background check can significantly impact job opportunities, housing applications, and even professional licensing. If you have a criminal record in Indiana that is causing obstacles in your life, there may be ways to clear up your background check. Here’s what you need to know about addressing errors, expungements, and sealing records.
Common Issues on a Background Check
When an employer or landlord runs a background check, they may find:
- Arrest Records – Even if charges were dropped, arrests can still appear.
- Convictions – Misdemeanor and felony convictions remain unless legally removed.
- Expunged Records – Some records that should be sealed may still appear due to reporting errors.
- Mistaken Identity – Clerical errors can lead to someone else’s criminal history showing on your report.
How to Clear Up Your Background Check
If you have issues with your background check, here are steps to take:
1. Review Your Background Check
- Obtain a copy of your background check through the Indiana State Police or a consumer reporting agency.
- Check for errors, outdated records, or expunged cases that should no longer be visible.
2. File for an Expungement
- Expungement can remove or seal past arrests and convictions, making them inaccessible to most employers and landlords. Indiana allows:
- Arrests with No Conviction – Eligible for expungement one year after the arrest.
- Misdemeanor Convictions – Can be expunged five years after the conviction if no further offenses have occurred.
- Level 6 Felonies – Can be expunged eight years after the conviction. Sometime it can be earlier or later than this date depending on details of the resolution and the severity of the conviction.
- More Serious Felonies – May be eligible for expungement under limited conditions.
3. Fix Reporting Errors
- If an expunged record still appears, contact the background check company and request a correction.
- File a dispute with the credit or reporting agency under the Fair Credit Reporting Act (FCRA) if incorrect information appears.
4. Petition for Record Sealing
- If you’re not eligible for expungement, you may still request record sealing, which limits access to certain records by non-governmental entities.
5. Seek Legal Help
- Expungement and background check disputes can be complex, and mistakes in filing can delay the process. A skilled attorney can help ensure your petition is correctly filed and follow up on background check corrections.
Take Control of Your Future
If your background check is holding you back, the attorneys at Harshman Ponist Smith & Rayl, LLC can help you navigate the legal steps to clear your record.
Call us today at 317-964-6000 for a consultation. A clean record can open new doors—take the first step now.