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Under The Freedom of Information Act (FOIA), Title 5 of the United States Code, section 552, any person has the right to request access to public records: criminal records, arrests & warrants, inmate records, vital records & more.

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Finding Indiana Background Records

Background records are commonly needed in order to determine the background of a person and confirm their history. The types of records researched when examining Indiana background records include vital records, credit references, address history, court records and criminal records.

Criminal History Background Records

The Indiana State Police offer an option to order a limited criminal history search online. Results of this search are limited to felonies and class A misdemeanors, as well as the counties which have decided to opt in to this service. Charges for this online search start at $15, and more information can be found at http://www.in.gov/ai/appfiles/isp-lch/.

Background Records Laws

According to the Access to Public Records Act of Indiana, any public record created and maintained by a public agency may be accessed by the public. They may request a copy of the record according to this law, though fees most likely apply.

In general, this act states that any and all public agency records must be provided unless they are exempt. Exemptions are outlined in the law, and may also include any sealed records. However, the burden of proof lies on the public agency when determining whether a record is exempt from access or not.

General exemptions from the statute include records that other laws define as confidential. This can include adoption, medical, personal financial records and those regarding trade secrets. Agencies may release the following according to their own discretion: investigative reports, any material used in decionmaking and personnel files.

Background record requests may be made by telephone or in writing, and some public agencies may require them to be submitted in writing. Fees at the city-county level are $0.04 per page, and state records are $0.10 per page.

More information is available at http://www.state.in.us/legislative/ic/code/title5/ar14/ch3.html.

 Employment Background Records

Background records are also frequently used in a pre-employment screening process. However, as of July 2012, Indiana employers may only access certain information during these checks. Employers are now unable to ask about sealed criminal records, and anyone charged but acquitted or convicted of a misdemeanor or class D felony and a certain time period has passed may be unavailable for viewing. An individula in this situation must petition the courts to deny access to these records, and if granted an employer cannot access them.

Information in Indiana Background Records

Due to the recent laws discussed above, criminal history background records may not be available for viewing if the convicted individual has served the judgment and five years have passed. Criminal records that are sealed are also hidden from public view.

However, current inmate information can be found with the Indiana Department of Corrections. The Indiana Commission on Public Records can also supply information about background records and the state archives at http://www.in.gov/icpr/.

Otherwise, court records, inmate records, arrest records that have not been petitioned and protected by the court and criminal records of violent offenders are still available for public viewing.

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