Legal Question in Civil Rights Law in Indiana
Background checks for personal use
My husband has a criminal conviction from several years ago. A person within an volunteer organization that we belong to has now gotten a copy of his record and is circulating it to others in the organization. Could this person legally obtain this information? Do we have any legal recourse to stop him from circulating it?
1 Answer from Attorneys
Re: Background checks for personal use
Criminal convictions are public records, and there is no legal prohibition against furnishing this information to others, so long as no advantage is sought to do so. If one attempts to blackmail or otherwise gain an economic advantage over the convict, then different considerations are involved and such action may constitute fraud or defamation, extortion, etc. But, under the circumstances you describe no crime or prohibited action has occurred.