Do Employers See Expunged Records in Background Checks?
- Brinkley Law

- 13 hours ago
- 2 min read
If you’re considering expungement in Indiana, one of the most important questions you may have is whether employers can still see your past record. After all, employment opportunities are often the biggest reason people seek expungement in the first place. The short answer is: in most cases, no. There are important exceptions.
Understanding how expungement affects background checks can give you peace of mind and help you move forward with confidence.
What Happens After a Record Is Expunged in Indiana?
Indiana expungement law is designed to limit who can access your criminal history. Once a record is expunged or sealed:
The general public cannot see it.
Most employers conducting standard background checks cannot see it.
Commercial background check companies are required to remove it.
You can legally state that you have not been arrested or convicted in most situations.
This means that for the majority of private employers, an expunged record should not appear on a background check.
Why Expunged Records Sometimes Still Appear
Although expungement offers strong protection, it is not foolproof in every scenario. Expunged records may still appear if:
A background check company has outdated or incorrect information.
An employer uses unofficial or improper sources.
The expungement order has not yet been fully processed by all agencies.
When this happens, you may have legal options to challenge the report and require correction.
Who Can See Expunged Records?
Indiana law allows limited access to expunged records by certain entities, including:
Law enforcement agencies
Courts
Prosecutors
Certain government or licensing agencies
However, even in these cases, expunged records cannot always be used the same way as a public conviction.
Can Employers Ask About Expunged Records?
In most situations, no. Once your record is expunged, employers are generally prohibited from asking about it, and you are legally allowed to answer as though the arrest or conviction never occurred.
This is one of the most powerful benefits of expungement. It allows you to move forward without having to explain or relive your past.
Why Proper Expungement Matters
If expungement paperwork is incomplete or filed incorrectly, records may not be properly sealed across all databases. This can lead to confusion, delays, or inaccurate background check results.
Ensuring the process is done correctly helps protect your rights and maximizes the benefit of expungement.
Take Control of Your Future
A criminal record shouldn’t define your career or limit your opportunities, especially when Indiana law provides a path forward.
If you’re wondering whether expungement can protect you from background check issues, or if you want to make sure your record is cleared the right way, call or schedule a confidential consultation today.




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