Indiana background check: what the State Police search shows

Limited and full Indiana background check reports

The State Police offer more than one kind of report, and employers do not all ask for the same one.

How complete the limited search is depends on whether each county sent its records in. The State Police say they consider every result from the limited service an official state document, but they point people who need the most complete picture to a fingerprint check.

Why lower level cases may not show

Because the limited report lists only felonies and class A misdemeanors, a lower level misdemeanor may not appear on it even though it sits in a county court file. A background screening company that searches county courts directly may find it. That gap explains why two reports on the same person can look different. Our page on misdemeanors on a background check covers how these cases are treated elsewhere.

Who needs fingerprints in Indiana

Fingerprint based checks are tied to laws for particular jobs and licenses, such as work in schools, child care, health care and some professional licenses. The State Police note that under state and FBI rules you generally need a new fingerprint check for each agency that requires one; a set taken for one employer usually cannot be reused by another. The licensing board or employer will give you the right instructions. For how prints flow to the FBI, see our fingerprint check guide.

Indiana background check laws on expunged records

Indiana's expungement chapter (IC 35-38-9) gives people with an expunged record an important protection. Under IC 35-38-9-10 it is unlawful for any person to refuse you a job or otherwise discriminate against you because of a conviction or arrest record that was expunged or sealed under that chapter. Employers may still ask about crimes, but only in a way that leaves expunged records out, such as asking about convictions "that have not been expunged by a court".

So once a record is expunged, you can usually answer a conviction question as if that case did not happen. Some licensing bodies have narrow exceptions. Read our expunged and sealed records page, and if a private report still shows the case, dispute it with the court order attached.

Free background check in Indiana: what to expect

The limited search is a paid service, and so are the fingerprint reports. For a job, the employer that orders the check usually covers it. Costs climb when a check adds the national fingerprint search, several states of address history, or a driving record. You can read why in our cost breakdown.

Your federal rights during an Indiana hire

Most private Indiana employers hire an outside screening firm instead of searching the State Police files themselves. That brings in the Fair Credit Reporting Act. Your signature on a stand alone consent comes first. Before any no, you are handed what the company found, along with the federal summary of rights, and you may contest mistakes directly with that company. Each step is in the Federal Trade Commission article on your rights.

Federal job discrimination officials add that being arrested is not proof of guilt, and that a fair employer weighs how serious the conduct was, how long ago it happened and what the job involves; see the EEOC applicant guidance.

Correcting your Indiana record

Ask for your full history first so you know exactly what the State Police hold. If an arrest lacks its outcome, ask the county clerk for a certified copy of how it ended and mail that in. If the case should have been expunged, send the certified order. Errors in the arrest details themselves go back through the arresting agency. Our dispute guide shows how to word the request to a screening company.

Indiana rules shift over time. Check the State Police and Indiana Code sources before relying on any detail, and for your own record ask an Indiana workplace lawyer or a legal aid office.