Employment Background Check Services In Indiana
All employment background check services including drug screening and employment criminal record background checks are available in Indiana.
Our criminal records Smart Search Plus® has become the industry standard for a quality criminal records background check.
It includes an unlimited check of the Federal criminal records repositories in the states where the applicant has lived for the past 7 years.
It also includes a check of any needed state and county criminal records checks as well as a social security number address history trace, a multi-state criminal records database search and a check of of the sex offender registry in all 50 states.
It is the criminal records background check now chosen by most of our clients. For a brief overview of all of our employment screening services, please Click Here
Arrest:Employers may obtain limited criminal histories (including arrests, indictments, and convictions) of applicants for employment purposes. Ind. Code Ann. § 10-13-3-27. However,the Indiana Pre-Employment Guide states that it may be discriminatory to ask for arrest records.
Conviction:
Employers may obtain limited criminal histories of applicants for employment purposes. Ind. Code Ann.
§ 10-13-3-27. However, the Indiana Pre-Employment Guide states that it may be discriminatory to ask for conviction records of misdemeanors or summary offenses.
Recent legislation in Indiana: Indiana House Bill 1033, which, starting July 1, 2012, will, in part: (1) prohibit certain pre-employment inquiries; (2) restrict the types of criminal history information that employers and background report providers (known as “consumer reporting agencies” or CRAs) can obtain from Indiana state court clerks; and (3) restrict the types of criminal history information that CRAs can report to employers in background reports.
Changes to Criminal History Information that May Be Reported to Employers.
Effective July 1, 2013, the law also will restrict information that “criminal history providers” can report to others. The law defines a “criminal history provider” to be a “person or an organization that assembles criminal history reports and either uses the report or provides the report to a person or an organization other than a criminal justice agency or law enforcement agency,” such as CRAs that typically provide background checks to employers.
Under the law, criminal history providers that obtain criminal history information from the state may only provide information pertaining to criminal convictions. Moreover, the law explicitly states that criminal history providers such as CRAs will no longer be permitted to provide the following information in background reports:
an infraction, an arrest or a charge that did not result in a conviction;
a record that has been expunged;
a record indicating a conviction of a Class D felony if the Class D felony conviction has been entered as or converted to a Class A misdemeanor conviction; and
a record that the criminal history provider knows is inaccurate.
Moreover, CRAs that obtain criminal history information from the state may not include any Indiana criminal record information in an assembled report unless the CRA updates the information to reflect changes to the official record occurring 60 days or more before the date the criminal history report is delivered.
The law provides that, effective July 1, 2012, residents of Indiana with restricted or sealed criminal records may legally state on an “application for employment or any other document” that they have not been adjudicated, arrested or convicted of the offense recorded in the restricted records.
In addition, covered employers will be prohibited from asking an “employee, contract employee, or applicant” about sealed and restricted criminal records. The law does not define the term “employer,” and does not specifically address what it means for applicants and employees to be able to “legally” state on documents that they do not have certain previous criminal records.
Changes to Criminal History Information that Employers May Obtain from Prospective and Current Employees
The law provides that, effective July 1, 2012, residents of Indiana with restricted or sealed criminal records may legally state on an “application for employment or any other document” that they have not been adjudicated, arrested or convicted of the offense recorded in the restricted records.
In addition, covered employers will be prohibited from asking an “employee, contract employee, or applicant” about sealed and restricted criminal records.
The law does not define the term “employer,” and does not specifically address what it means for applicants and employees to be able to “legally” state on documents that they do not have certain previous criminal records.
We provide employment screening services for hospitals, nursing homes, franchised auto dealers, staffing companies, employee leasing companies, PEO’s, trucking and transportation companies, banks, high tech companies, insurance companies and all other employers in all Indiana cities.
National Employment Screening provides professional pre employment screening services to Indiana employers to help you protect your employees and clients from the costly effects of making a “Bad Hire.”
Call anytime to get more information about our Indiana Employment screening and employment background check services at 800.459.3034.
We serve Indianapolis, South Bend, Evansville, Fort Wayne, Gary, Mishawaka and all other Indiana cities.
Indiana employment screening law: Indiana At Will employment Law
Indiana is considered an “employment at-will” state. At-will employees may be terminated for any reason, so long as it’s not illegal. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract.
However, in Indiana, the mere fact that an employment contract is in writing is not sufficient to overcome the presumption that the employment is at-will. To overcome this presumption, an employment contract must directly limit, in a meaningful and special way, the employer’s right to terminate the employee without cause. In other words, the employer has to unequivocally indicate that it will not terminate the employee except under specific circumstances
Indiana employment screening law: Indiana Law-Giving Employment References
Apparently, Indiana employment screening law does not provide specific protection to employers as it relates to supplying references concerning past employment.
It would seem that previous employers may provide any non-confidential information about a previous employee, so long as it’s true and isn’t provided to maliciously harm the employee.
An employer who provides false information that disparages the employee may be liable for defamation. Lacking specific protection by state law, In order to avoid potential liability, many employers often refuse to comment on a past employee’s job performance and confirm only minimal information such as dates of hire and separation, plus wage or salary information.
Please note that Federal employment screening law mandates background checks for employees who are engaged in particular industries.
The Office of Inspector General of the Department of Health and Human Services maintains a list of individuals who are excluded from participation in any of its federally-funded healthcare programs.
Exclusions are due to convictions for program-related fraud and patient abuse, licensing board actions and default on health education assistance loans.
Therefore, employers in affected industries should check the OIG Exclusion list before hiring employees who might work in such programs.
The FACIS® program is also very important when screening medical personnel.
Click Here for more information on FACIS®.
Our Automated Employment Screening provides an applicant controlled process that allows FCRA compliant background check forms, including Electronic Chain-Of-custody forms and releases to be completed online by the applicant.
We provide several short videos to easily acquaint you with the system.
This makes the background check process fast and easy.
Please Click or call for more information.
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