Indiana Changes Criminal Background Checks for Employers

Written By Thomas Ahearn

Indiana Background ChecksEffective July 1, 2014, an amended version of Indiana Code § 24-4-18-6 changes what information “criminal history providers” such as Consumer Reporting Agencies (CRAs) that assemble criminal history reports for employment background checks may report to employers. The amended version of Indiana Code § 24-4-18-6 is available at http://www.in.gov/legislative/ic/code/title24/ar4/ch18.html.

The Indiana Code defines a “criminal history provider” as “a person or an organization that compiles a criminal history report and either uses the report or provides the report to a person or an organization other than a criminal justice agency, a law enforcement agency, or another criminal history provider.” As written in the amended Indiana Code § 24-4-18-6 that takes effect July 1, 2014:

Sec. 6. (a) Except as provided in subsection (b), a criminal history provider may not knowingly provide a criminal history report that provides criminal history information relating to the following:

  • (1) A record that has been expunged by: (A) marking the record as expunged; or (B) removing the record from public access.
  • (2) A record that is restricted by a court or the rules of a court and is marked as restricted from public disclosure or removed from public access.
  • (3) A record indicating a conviction of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) if the Class D felony or Level 6 felony conviction: (A) has been entered as a Class A misdemeanor conviction; or (B) has been converted to a Class A misdemeanor conviction.
  • (4) A record that the criminal history provider knows is inaccurate.

(b) A criminal history provider may provide information described in subsection (a)(1) through (a)(3) if the person requesting the criminal history report is:

  • (1) required by state or federal law to obtain the information; or
  • (2) the state or a political subdivision, and the information will be used solely in connection with the issuance of a public bond.

The Indiana Code defines “criminal history report” as “criminal history information that has been compiled primarily for the purposes of evaluating a particular person’s eligibility for: (1) employment in Indiana; (2) housing in Indiana; (3) a license, permit, or occupational certification issued under state law; or (4) insurance, credit, or another financial service to be provided to a person residing in Indiana.

The complete HOUSE ENROLLED ACT No. 1006 to amend the Indiana Code concerning criminal law and procedure is available at http://iga.in.gov/static-documents/7/9/9/c/799c6d19/HB1006.07.ENRH.pdf. For more ESR News blogs about state laws that affect background checks in Indiana, please visit http://www.esrcheck.com/wordpress/tag/indiana/.