A criminal record, even for a minor offense, can limit opportunities in employment, housing, and licensing. Many expect their history to disappear when a case is expunged, but the reality is more nuanced. Do expunged records show up on background checks? Generally not on standard checks, but exceptions exist. For those in Indianapolis with past charges, understanding when an expunged record might resurface is essential. At Banks & Brower, we help clients across Indiana navigate expungement law and restore their reputation.
How Background Checks Work
Background checks are conducted for job applications, housing, licensing, and more. Most are performed by private companies using public databases. Records may include arrests, convictions, and court outcomes.
When a record is expunged in Indiana, it’s removed from public access, so most employers and landlords won’t see it. However, not all checks are the same. Government and federal agencies may still access sealed data, especially for national security or public safety roles.
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call us: (317) 870-0019Why Expunged Records Might Still Appear
According to IndianaLegalHelp.org, expunged records fall into two categories:
- Misdemeanors and most Level 6 felonies are fully removed from public view.
- Class A, B, and C felonies (and some D felonies) may remain visible, but are marked as expunged.
Even with rights restored, some records can still appear. Delays in database updates or outdated third-party records can also temporarily cause sealed cases to resurface.
How Long Does Expungement Appear in Databases
Once a court grants your expungement, the process doesn’t end there. The order must be forwarded to the Indiana State Police’s Expungement Section for final processing.
If all documents are not submitted correctly, the process can be delayed. This lag can allow outdated information to persist in certain systems, especially third-party databases used by private companies. While most systems update within a few months, some may retain data longer if they’re not notified of the change.
Expungement vs. Record Sealing vs. Pardons
These terms are often confused, but they have distinct meanings:
- Expungement: Removes records from public view. In Indiana, expunged records are hidden but not destroyed.
- Sealing: Typically used for juvenile or dismissed records, restricting public access.
- Pardon: Forgives the offense but does not erase the record.
Knowing the difference helps you choose the right remedy for your situation and understand the visibility of your history moving forward.
When I represent a client I not only look to get them the best possible outcome I can on their case, I also try to help them in all other aspects to make sure they are getting back on track in hopes that they don’t have to deal with the criminal justice system again. We insist that our attorneys provide excellent communication and I strive to be an example of that to the attorneys that work for me in my firm. I want all my clients to know I’m here for them and to feel comfortable that if they have an question or concern about their case it will be addressed.
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Who Can Still See Expunged Records?
Expunged records are not visible to most employers, landlords, or private background checkers. However, there are key exceptions:
- FBI and federal checks may access sealed records.
- Law enforcement can view them for investigations.
- Licensing boards for professions like healthcare or childcare may still see expunged cases.
- Military and immigration reviews can include sealed records, especially for national security or citizenship matters.
Understanding these exceptions allows you to prepare appropriately when applying for sensitive positions or government-related opportunities.
How Expungement Works in Indianapolis, Indiana
In Indiana, the expungement process involves filing a verified petition in the court where the conviction occurred. Once granted, the court sends the order to the Indiana State Police Expungement Section, where the record is processed and sealed.
The effectiveness of this process depends heavily on accurate filings and complete documentation. Any mistakes or missing information can result in delays or incomplete updates, which might temporarily cause expunged records to appear on background checks.
What You Can Do Next
If an expunged record still appears on a background check, act quickly. Start by reviewing your background report to confirm what’s listed. If inaccuracies exist, dispute them directly with the provider. You should also contact the court and the Indiana State Police to ensure your expungement was fully processed. If the issue persists, speak with a criminal defense attorney who can help you take further legal action and protect your rights.
Work with Indiana’s Trusted Expungement Attorneys
You’ve worked hard to put the past behind you. Don’t let outdated records keep holding you back. At Banks & Brower, our team helps people across Indianapolis clear their name and move forward. We’ll guide you through the process, address any issues where do expunged records show up on background checks, and ensure your expungement is properly executed. Call us today at (317) 870-0019 to start reclaiming your future.
Frequently Asked Questions
Can police still see my expunged record?
Yes. Police can access expunged records for investigative purposes.
Will this hurt my job chances?
Not usually. Most employers cannot access expunged records. But government or sensitive positions may still require disclosure.
How long until background check companies update their data?
It varies. Some update monthly, others quarterly. Contact them directly to correct outdated info.
Can expunged records affect travel or immigration?
Yes. Immigration agencies and foreign countries may still have access to sealed records.
Learn more: Indianapolis Expungement Lawyer: The Most Common Questions asked on Expungements
Banks & Brower is an Indianapolis-based firm focusing in criminal defense, personal injury, and family law. With over 80 years of combined legal experience, we bring valuable knowledge and insights to every case. Our clients face challenges such as major felony charges, DUIs, and sex crimes. We listen carefully to every client and craft personalized strategies to achieve the best possible outcomes. Banks & Brower is the law firm Indianapolis residents trust in times of need.
