Indiana State Employment Screening Laws

The state of Indiana has restrictions on what can be reported in a background screening report beyond what the Fair Credit Reporting Act (FCRA) dictates.

Restriction	Explanation
Use or inquiry of sealed, expunged, pardoned or erased records	Employer/landlord cannot ask employee, contract employee or applicant whether any criminal record has been sealed or restricted (restriction relates to procedure regarding disclosure of low level offenses categorized as “infractions”). See the statute here for more information. Notable Exceptions: Anyone with a restricted record for a conviction for an infraction may state that they have no such conviction. IC 34-28-5-16(g). The law elsewhere, IC 35-38-8-7(b), prohibits inquiries about sealed records and it is strange that these provisions do not parallel each other.

Restriction

Explanation

Use or inquiry of sealed, expunged, pardoned or erased records

Employer/landlord cannot ask employee, contract employee or applicant whether any criminal record has been sealed or restricted (restriction relates to procedure regarding disclosure of low level offenses categorized as “infractions”).

See the statute here for more information.

Notable Exceptions: Anyone with a restricted record for a conviction for an infraction may state that they have no such conviction. IC 34-28-5-16(g). The law elsewhere, IC 35-38-8-7(b), prohibits inquiries about sealed records and it is strange that these provisions do not parallel each other.