If you have a criminal record in Indiana, one of the biggest questions you may face is whether you're legally required to disclose it on a job application. The good news is that Indiana law provides some protections for individuals with past criminal convictions. However, the answer isn't always straightforward. This guide will explain when and how you must disclose your record, how recent legal reforms like “Ban the Box” affect your rights, and what steps you can take to improve your employment prospects—even with a record.
Understanding Criminal Record Disclosure in Indiana
In Indiana, there is no blanket rule requiring you to disclose a criminal record on every job application. Whether you must disclose it often depends on several factors:
- The type of offense on your record
- Whether the record has been expunged
- The employer’s policies and the nature of the job
Indiana law recognizes that individuals with past convictions deserve a fair chance at employment, but disclosure requirements can vary based on context.
The Impact of "Ban the Box" in Indiana
Indiana has adopted the principles of the “Ban the Box” movement for public sector jobs. This initiative encourages employers to remove the checkbox that asks about criminal history on initial job applications. While it is not mandatory for private employers, many have voluntarily adopted the policy.
For applicants, this means that public employers in Indiana cannot ask about your criminal record on an initial application. However, they may still conduct a background check later in the hiring process and ask about your history during interviews.
When You Must Disclose a Criminal Record
You may be required to disclose a criminal record if:
- The job application specifically asks about convictions
- You are applying for a position that involves vulnerable populations, such as children or the elderly
- You are seeking employment in a field regulated by licensing boards (e.g., law enforcement, health care, financial services)
Even in cases where disclosure is not legally required, honesty is often the best policy—especially if the employer is likely to conduct a background check. Failing to disclose a record that the employer later discovers can result in immediate disqualification from consideration or even termination after hire.
What If Your Record Has Been Expunged?
One of the most powerful legal tools available in Indiana is expungement, which allows certain criminal records to be sealed from public view. If your record has been successfully expunged, Indiana law allows you to legally answer “no” to questions about prior convictions in most employment scenarios.
According to Indiana Code § 35-38-9-10, once a conviction is expunged, it is unlawful for employers to discriminate against you for that conviction. This means that an expunged record should not be held against you, and you are not obligated to disclose it on job applications.
Tips for Job Seekers with a Criminal Record
Finding a job with a criminal record can be challenging, but there are proactive steps you can take to improve your chances:
- Be honest (when required): If an employer asks about convictions, provide truthful and concise answers.
- Explain the circumstances: Focus on how you’ve grown or changed since the conviction.
- Highlight your qualifications: Emphasize relevant skills, certifications, and job experience.
- Seek expungement: If eligible, sealing your record can make job hunting significantly easier.
Additionally, there are organizations and job training programs in Indiana specifically designed to help individuals with records re-enter the workforce.
Legal Protections for Job Seekers
Indiana law prohibits employers from asking about arrest records that did not lead to convictions. Additionally, employers are barred from discriminating against applicants based solely on expunged convictions. If you believe you've been unfairly denied a job because of your criminal history—especially if the record was expunged—you may have legal recourse.
It's also worth noting that the Equal Employment Opportunity Commission (EEOC) provides guidelines on how criminal records should be considered in the hiring process. Employers must consider the nature of the offense, how much time has passed, and whether it’s relevant to the job.
When to Contact an Attorney
If you’re unsure whether you need to disclose a criminal record—or you want to explore having your record expunged—it’s wise to speak with a qualified criminal defense attorney. An experienced attorney can help you:
- Determine whether your record is eligible for expungement
- Prepare accurate job application responses
- Protect your rights if an employer discriminates against you
Take Control of Your Future
A criminal record doesn’t have to define your future. By understanding your legal rights and options, including whether you need to disclose your history on job applications, you can make informed decisions that lead to better opportunities.
If you're ready to move forward, contact us today to speak with an attorney who can guide you through the process of expungement or advise you on your disclosure obligations. At the Law Office of J.K. Sanchez, we’re committed to helping you secure a second chance.
