A past mistake should not define your future potential. For many of our neighbors in South Central Indiana, a criminal record, even one from years ago, can feel like a heavy weight, especially when it comes time to apply for a new job. The fear of checking that box on an application can be paralyzing, leading many to avoid pursuing better opportunities altogether.
Fortunately, Indiana’s "Second Chance Law" provides a clear and practical pathway to move forward. This set of statutes, particularly Indiana Code § 35-38-9, allows individuals to expunge certain arrests and convictions from their records. One of the most frequent questions we hear at Sutton Law Office is: "If I get an expungement, what do I actually have to tell an employer?"
Understanding the specific protections of IC § 35-38-9-10 is essential for anyone navigating the job market with a past record. We are here to provide the compassionate and tailored guidance you need to reclaim your professional life.
Understanding the Power of Expungement
The "Second Chance Law" is designed to help people who have stayed out of trouble for a specific period of time to clear their names. When a court grants an expungement, it essentially seals those records from public view.
But it goes further than just hiding paperwork. Under Indiana law, once your record is expunged, you are legally treated as if the arrest or conviction never happened for most purposes. This is a powerful tool for anyone looking to rebuild their life, providing a sense of peace of mind that your past will not continue to haunt your career goals.
The Job Application: What Can Employers Ask?
The most significant protection for job seekers is found in IC § 35-38-9-10(d). This law dictates how employers must phrase questions about your criminal history.
According to the statute, in any application for employment, a person may be questioned about a previous criminal record only in terms that exclude expunged convictions or arrests.
A properly worded job application should look like this:
“Have you ever been arrested for or convicted of a crime that has not been expunged by a court?”
If an application simply asks, “Have you ever been convicted of a crime?” without the qualifying language about expungements, it is not following the specific requirements of Indiana law. This distinction is vital because it gives you the legal right to answer "No" regarding any record that has been successfully expunged.
How to Answer the Conviction Question
If you have successfully navigated the expungement process with a skilled attorney, your legal status changes. Here is how to handle the most common scenarios on a job application:
- If your record is expunged: If an employer asks if you have been convicted of a crime that has not been expunged, and your only conviction was expunged, you can confidently answer No.
- If the application is poorly worded: Even if the application fails to mention the expungement exception, Indiana law still protects you. IC § 35-38-9-10(e) states that a person whose record is expunged shall be treated as if the person had never been convicted of the offense.
- During the interview: If the topic of a criminal record arises during an interview, you are not required to disclose an expunged record to a standard employer.
Navigating these conversations can be emotionally and legally complex. Trust a steady advisor to help you understand your rights before you head into your next interview.
Protection Against Discrimination
Indiana law does more than just control the questions asked; it also prohibits discrimination based on an expunged record. Under IC § 35-38-9-10(b), it is unlawful for an employer to refuse to employ, suspend, or otherwise discriminate against any person because of a conviction or arrest record that has been expunged or sealed.
This means that if an employer somehow discovers an expunged record, they cannot legally use it as the reason to deny you a job or fire you. This provision ensures that the "Second Chance" promised by the law is a reality, not just a formality.
Why This Benefits Employers, Too
You might wonder why an employer would be willing to hire someone with a past record. The Second Chance Law actually provides a benefit to businesses as well.
The law protects employers from "negligent hiring" lawsuits. If an employer hires someone whose record was expunged, the expungement order can be used as evidence that the employer exercised due care. This reduces the legal risk for companies in our community, encouraging them to focus on your current skills and character rather than your past mistakes.
Important Exceptions: Law Enforcement and Corrections
While the Second Chance Law is broad, it is not universal. There are certain "high-security" roles where expunged records may still be disclosed and considered. These include:
- Law enforcement agencies
- Probation departments
- Community corrections departments
- Certain state agencies with specific legal access
If you are applying for a position as a police officer or a probation officer, you should be prepared for the fact that these agencies can still see and consider your entire history. For almost all other private and public sector jobs, however, your expunged record remains protected.
How Sutton Law Office Can Help
At Sutton Law Office, we understand that the process of clearing your name can feel overwhelming. We have handled over two thousand cases, and we bring that extensive expertise to every expungement petition we file.
We offer a compassionate and practical approach to expungements. Our goal is to provide you with the solution-oriented advocacy you need to save time and hassle. We believe in transparency, which is why we offer a value-based billing structure:
- Expungement: $750 + Filing Fee (per county)
We serve neighbors throughout South Central Indiana, including Greene, Monroe, Lawrence, and surrounding counties. Whether you are facing family transitions or looking to clear your record for a fresh start, we are committed to being your trusted advocate.
Take the First Step Toward Your New Beginning
Don’t let a past mistake hold you back from the career you deserve. The Indiana Second Chance Law was written for people just like you: those ready to contribute to our community and build a better future.
If you have questions about whether you are eligible for an expungement or how to handle an upcoming job application, connect with us today. We provide the clear and tailored legal support you need to move forward with confidence.
Contact Sutton Law Office at 812-269-2641 or office@jsuttonlaw.com to schedule a consultation. Let’s work together toward your best possible outcome.
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