Applying for a job or housing can raise concerns about a background check. If you have a past misdemeanor conviction, you may wonder if it will appear. In Indiana, a misdemeanor can show up on a criminal background check. The results depend on the type of search and the records it covers. Expungement may also affect what others can see.
Knowing how background checks work can help you understand your options.
What appears on background checks
A misdemeanor conviction may appear if the background check includes the court or criminal records that hold it. Indiana keeps criminal records through the Indiana State Police and local courts.
Not all background checks search the same records. Some cover only certain areas or types of offenses. Others search a wider range of records. This means the results can vary.
The Indiana State Police criminal history services provide access to certain Indiana criminal records, including misdemeanor arrests.
Employers and landlords may use background checks to review criminal history. What they find depends on the search and the records available to the screening company.
When misdemeanors may not appear
Some records may not appear on a background check. Indiana law allows people to restrict access to certain arrest records when the case does not lead to a conviction. The rules depend on the case. Some records may qualify for expungement without a separate petition.
A misdemeanor conviction may also qualify for expungement. In general, a person must wait five years before filing a petition to expunge a qualifying misdemeanor. Other legal rules and exceptions may apply.
Expungement can limit public access to qualifying records. However, some legal exceptions still apply. Certain records may qualify for automatic expungement. Others require a petition and court approval.
Understanding your legal options
A misdemeanor conviction does not have to limit your future. Indiana law gives some people a way to clear their criminal records.
You can review your criminal history to see what may appear on a background check. You can also check whether you qualify for expungement. A qualified attorney can explain the rules and help you understand how an expungement may affect future background checks.