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.
|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.
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