It was found to be too narrow of a statute and was replaced in by the Public Records Act , which is covered in Chapter 3 of Article 14 of Title 5 in the Indiana Code. The person requesting records does not have to state the reason for the request, but there are a few restrictions on the use of the information. For example, lists of names, addresses, and email addresses cannot be disclosed for commercial or political purposes.
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The records covered under the Act include records from all public entities, including the executive, legislative, and judicial branches, subject to various exemptions. The records that are exempt include:. Background checks in the state of Indiana are performed through the Indiana State Police.
A Limited Criminal History report can be requested on anyone by anyone through the online system for a fee. This will produce a report that will return a list of convictions over a year old and arrests less than a year old. If the request is for licensing or a government position, the background check will be handled through that agency and will be more thorough fingerprint-based check. Employers wishing to request a criminal background check must get a signed authorization form from the applicant before obtaining one of these reports.
To locate an offender, you can search on their website with either an Offender Number or just a First and Last Name.
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- Indiana Criminal Background Checks/Abuse and Neglect Registry | ICPC State Pages;
- Indiana Criminal Background Checks for a Pre-Employment Background Check;
Information on courts in Indiana can be obtained through the administrator of the courts website. There are two sites to search court records, one for trial courts and another for appeals courts. If you would like to obtain paper copies of court files, you will need to request them from the appropriate courthouse.
Vital records in the state of Indiana are maintained by the state Department of Health. Employers and educators seeking the information can complete the form on the website with the fee or they can download the form and submit it via mail or in person.
Employer Use of Arrest and Conviction Records in Indiana
If not paying by credit card online, the Central Records Division only accepts payment via certified money order. When individuals, employers or agencies are requesting records regarding another person, they simply fill in the information, check the purpose for seeking the information and submit the form along with the required fee. The form can be located here. People who are the subject of the record follow a procedure outlined by Ind. Additionally, if a records subject is denied employment, housing or etc.
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The individual then has a right to obtain a copy of the prepared report from the Central Records Division and challenge any inaccurate information. The Central Records Division keeps records indefinitely unless a person successfully seeks expungement. In Indiana, the expungement laws were vastly widened and changed, allowing for a much larger subsection of the population to seek relief.
People who have criminal convictions for Misdemeanors and class D felonies can seek expungement five years after the sentence completion. People with other types of felonies must wait eight years after sentence completion.
People with arrests that did not result in conviction have a one-year waiting period after the arrest. There are certain offense categories which are ineligible for expungement.
Requesting Indiana Criminal Records from the Central Records Division
When an individual successfully has his record expunged, the records regarding the conviction or arrest are destroyed. If you are the subject of a criminal record, you also can obtain information regarding the conviction directly from the court or the arresting agency. There will be fees associated with processing such requests that vary according to agency and jurisdiction. You will need identification in order to obtain your record in this way. Inaccuracies do occur. To that end, Indiana law provides in Ind. Code that individuals can challenge the inaccurate information contained in their criminal records information.
Discrepancies can be caused by poor communication between agencies, data entry errors, and the fact that some agencies store records longer than do others.
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