Why Get An Expungement? A Recent Indiana Court of Appeals Case Explains Why:

There are several reasons why people decide to have their criminal histories expunged in Indiana. One of the more practical reasons would be to hide said history from a potential future employer. The Indiana Court of Appeals in:  In re the Expungement/Sealing of Records of H.M. v. State of Indiana and Marion County Sheriff, 49A02-1604-MI-700 outlined the power and effect a properly expunged record can have on the hiring policies of potential employers.

When an individual properly expunges their criminal records, not only will this allow that person to deny expunged convictions or arrests on employment applications, the statute grants the person recourse in the courts if said employer denies you employment based solely on said expunged criminal histories.  In other words, a potential employer cannot deny you employment due to a prior arrest or conviction that was properly expunged. This clause in the expungement statute is called the anti-discrimination provision under I.C. § 35-38-9-10(b), which reads in part:

“It is unlawful for any person to: (1) suspend; (2) expel; (3) refuse to employ; (4) refuse to admit; (5) refuse to grant or renew a license, permit or certificate necessary to engage in any activity, occupation, or profession; or (6) otherwise discriminate against; any person because of a conviction or arrest record expunged or sealed under this chapter.”

The anti-discrimination clause goes on grant recourse to discriminated individuals by deeming said discrimination a Class C infraction and allowing the court who granted said expungement the ability to hold the employer in contempt of court. The discriminated party would be entitled to injunctive relief.

In closing, Indiana’s Expungement statute is more than just an avenue to hide your criminal histories from other entities, it also grants you the power to hold said entities who used those expunged records against you during a hiring process accountable and subject to penalty from the courts.

If you or a loved one is interested in having your criminal histories expunged, you need an experienced attorney with knowledge of the Indiana Expungement Statute to assist you. There are often many obstacles standing in people’s way in seeking new employment, but your criminal history does NOT have to be one of them. Contact Potts Law LLC today: 317-951-0087 kevin@pottslawllc.com