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Employers in Indiana often utilize background checks during the hiring process to examine a candidate’s background thoroughly, ensuring their suitability for a position. These checks are crafted to assist employers in making well-informed hiring choices and reducing potential risks by offering details on a candidate’s criminal record, educational background, employment history, driving records, and other pertinent information.
Indiana employers have the opportunity to delve into various aspects of a candidate’s background, spanning from criminal and driving records to education and employment verification, through pre-employment background checks. However, understanding the intricacies of federal, state, and local background check laws poses a significant challenge. This guide aims to enlighten employers on the workings of an Indiana background check, including its components, procedures, and the applicable fair hiring laws and regulations in the state.
In Indiana, a background check delves into an individual’s history, encompassing criminal records, motor vehicle reports, education, and employment background. Typically employed by employers and organizations, these checks serve to assess the qualifications of candidates and volunteers, as well as to verify information provided on resumes or job applications. Additionally, they often facilitate hiring managers in obtaining supplementary details about candidates, such as their professional references.
The data gleaned from background checks also aids Indiana employers in mitigating risks and potential liability claims, safeguarding company assets, and fostering safer work environments. Certain instances may mandate an Indiana background check by law. For instance, childcare workers in the state are obliged to undergo both federal and Indiana criminal background checks, whereas Indiana school bus drivers must pass checks on both criminal records and driving history, alongside undergoing drug tests.
Here’s a closer examination of some prevalent types of background checks conducted in Indiana:
- Criminal background checks disclose information regarding criminal history, including convictions for felonies or misdemeanors.
- Driving record checks scrutinize a candidate’s motor vehicle history, encompassing citations, violations, and both current and resolved license suspensions. Such screenings are particularly relevant for roles involving driving duties.
- Education verification validates a candidate’s academic credentials, such as schools attended, degrees earned, dates of enrollment, and graduation dates. This verification is commonly requested for positions necessitating specific educational qualifications.
- Employment verification confirms past job titles, previous employers, and durations of employment.
- Credit checks examine a candidate’s credit report, including payment histories, collections, and bankruptcies. These checks are typically conducted for positions involving financial responsibilities, where permissible by law.
- Drug testing screens candidates for the presence of controlled substances, encompassing illicit drugs and prescriptions. This screening is prevalent in roles pertaining to safety, such as law enforcement, or as mandated by law, such as in commercial trucking.
How Long Does A Background Check Take In Indiana?
The turnaround times for background checks in Indiana can vary, primarily contingent upon the scope of the search, the specific types of searches required, and the entity conducting the background check. For instance, a basic Indiana criminal background check, which typically discloses felonies and Class A misdemeanors, can be swiftly conducted online or requested via mail. Conversely, more comprehensive background checks facilitated by the Indiana State Police, such as fingerprint criminal record searches, may necessitate a longer processing period.
When employers directly manage background checks, they often need to solicit information from an array of public record sources, including court records, county clerks, the Indiana Bureau of Motor Vehicles (BMV), and the Indiana State Police. Conversely, other types of non-public records, like employment verification and reference checks, demand a more hands-on approach and can consume considerable time when handled directly.
Employers opting to collaborate with reputable Consumer Reporting Agencies (CRAs), such as Rapid Hire Solutions, frequently encounter a more efficient and streamlined process while conducting pre-employment background checks. Rapid Hire Solutions’ access to various public records and databases, coupled with their widespread reach to courthouses across the United States, expedites the process and yields more precise results. Offering an array of background screenings ranging from criminal history and driving records to professional reference checks and even international background checks, Rapid Hire Solutions simplifies the process of conducting multiple types of pre-employment checks simultaneously.
How Far Back Does An Indiana Background Check Go?
The extent to which an Indiana background check can reach back in time hinges on several factors, including the type of background check conducted, the breadth of the search, and the entity conducting the check. Additionally, lookback periods may be constrained by federal, state, or local regulations. For instance, Indiana state law dictates that an individual’s criminal history remains on record until either a) their demise or b) they reach the age of 99, provided they have remained crime-free since turning 84.
Employers collaborating with a background check provider like Rapid Hire Solutions must also adhere to the guidelines set forth by the federal Fair Credit Reporting Act (FCRA). According to the FCRA, arrests and non-convictions older than seven years cannot be disclosed on a criminal background check for employment. On the civil front, under the FCRA, paid tax liens, collection accounts, suits, and judgments older than seven years are also excluded, along with bankruptcies older than 10 years. Nevertheless, these look-back limitations may not be applicable if the position offers a salary exceeding $75,000 or when verifying employment and education history.
Indiana Background Check Laws
In Indiana, there exists a statewide ban-the-box law applicable to public sector employers within the state’s Executive Branch. Additionally, Indiana employers must adhere to both federal and state background check regulations aimed at safeguarding candidates against discrimination during the hiring process. To mitigate potential legal risks, employers in Indiana may opt to adhere to the most stringent laws in place.
BAN-THE-BOX LAW
Executive Order 17-15 pertains to public sector employers within Indiana’s Executive Branch conducting background checks. This order prohibits Executive Branch agencies from inquiring about candidates’ convictions or criminal history on initial job applications, unless a specific conviction would disqualify the candidate from the intended role.
INDIANA CODE TITLE 10
This statewide law permits Indiana employers to request a candidate’s “limited criminal history” from the Indiana state criminal record repository during hiring. This includes misdemeanor and felony cases prosecuted within the state. For cases to be reported, they must possess a disposition, except if the arrest or criminal charge occurred within one year prior to the request date. Employers must directly request a “limited criminal history” from law enforcement, such as the Indiana State Police. Third-party background check providers cannot obtain this specific Indiana state report, although they can access Indiana criminal cases directly from county courts.
INDIANA CODE §24-4-18
This law aims to ensure accurate reporting of a candidate’s criminal history. Under this code, criminal record providers are prohibited from knowingly including information on a criminal record report that fails to reflect material changes made in official records 60 or more days prior to the report’s delivery. Additionally, providers may not knowingly furnish a report containing expunged criminal records or records restricted from public disclosure or removed from public access.
SENATE BILL 312
Under Senate Bill 312, Indiana counties, cities, and towns are barred from enacting ban-the-box laws more restrictive than state or federal law. Indiana was the first state to implement such legislation, simplifying compliance for employers operating across the state.
FAIR CREDIT REPORTING ACT (FCRA)
Employers utilizing Consumer Reporting Agencies (CRAs) for pre-employment background checks must comply with the federal FCRA. This entails providing candidates with written disclosure of the intent to conduct a background check, and obtaining written consent from the candidate for said check. If an employer decides not to hire a candidate based on information uncovered in a background check, they must follow the adverse action process outlined by the FCRA.
County Resource
ALLEN COUNTY
Allen County, situated in the northeast corner of Indiana, boasts a population exceeding 385,000 residents, making it the state’s third-most populous county. Fort Wayne, Indiana’s second-largest city, calls Allen County home.
Public Information & Records
HAMILTON COUNTY
Hamilton County, hosting nearly 350,000 residents, stands as the second-most populous county in Central Indiana. It encompasses Carmel, Fishers, and Noblesville, three of Indiana’s largest cities.
Public Information & Records
- Hamilton County Website
- Hamilton County Public Records
- Hamilton County Court Records
- Hamilton County Arrest, Court, and Public Records
LAKE COUNTY
Lake County, with over 497,000 residents, ranks as Indiana’s second-most populous county. Positioned in the northwestern part of the state, Lake County forms part of the Chicago metropolitan area and is bordered by Lake Michigan and a portion of the Indiana Dunes.
Public Information & Records
MARION COUNTY
Marion County, situated in central Indiana, claims the title of the state’s largest county, boasting a population exceeding 977,000 residents. Indianapolis, Indiana’s capital and largest city, resides within Marion County, where a unique arrangement known as Unigov merges Indianapolis with the county.
Public Information & Records
ST. JOSEPH COUNTY
St. Joseph County, also referred to as St. Joe County, occupies the northern region of Indiana, bordering Michigan. Hosting over 273,000 residents, St. Joseph County forms part of the “Michiana” metropolitan area, with prominent cities including Mishawaka and South Bend.
Public Information & Records
The turnaround times for Illinois state background checks can fluctuate, contingent upon the entity conducting the search, the requested record types, and the overall extent of the inquiry. Organizations opting for in-house searches might encounter lengthier background check processes compared to those partnering with a Consumer Reporting Agency (CRA). While certain screenings, such as national background checks, access digitized records, resulting in reports being delivered within minutes, others like education verification may necessitate several days or longer.
Employers undertaking background checks independently typically adopt a hands-on approach, involving requests for candidate information from various public record sources. This often includes procuring criminal and court records from the Illinois State Police and motor vehicle records from the Illinois Department of Motor Vehicles (DMV). Non-public records, like employment verification and professional reference checks, typically require additional legwork, such as making phone calls to former employers.
Employers teaming up with a CRA, such as Rapid Hire Solutions, can enjoy a more streamlined process and expedited turnaround times. With access to diverse public records, specialized databases, and courthouses nationwide, Rapid Hire Solutions facilitates swift and efficient background checks. Additionally, their extensive range of screening options enables hiring managers to effortlessly conduct multiple checks simultaneously.
How To Get A Background Check In Indiana
Indiana employers have the option to collaborate with reputable Consumer Reporting Agencies (CRAs) like Rapid Hire Solutions to ensure precise reporting and expedited turnaround times. With over 100 screening options available, an intuitive online platform, and automated workflows, Rapid Hire Solutions simplifies the entire background check process. Moreover, they assist employers in navigating intricate federal, state, and local compliance regulations. Whether you’re ready to begin today or require tailored assistance, reach out to our sales team to explore how Rapid Hire Solutions can fulfill your unique Indiana background check requirements.
DISCLAIMER
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws