Major Changes to Indiana’s Employment Background Check Law as of July 1, 2014 - A News Article from Creative Services, Inc. - Mansfield, MA

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07.23.14

Major Changes to Indiana’s Employment Background Check Law as of July 1, 2014

Effective July 1, 2014, the State of Indiana introduced a new background check law, which is an amended version of Indiana Code § 24-4-18-6, and limits the information that “criminal history providers” can report to employers through employment background checks. Under the law, background screeners can’t provide information related to the following:

  • An infraction, arrest, or charge that didn’t result in a conviction
  • An expunged record
  • A record that has been restricted by a court or rules of a court
  • A record indicating a Class D felony conviction if the conviction was entered as or converted to a Class A misdemeanor conviction
  • Any record the criminal history provider knows is inaccurate

The law also restricts the information about certain felony convictions, and individuals are no longer required to disclose information about restricted records. Under this change, an individual can legally state on an employment application or any other document that he/she has not been arrested for or convicted of the felony or misdemeanor documented in the restricted record. The law further prohibits employers from asking an employee or applicant whether his/her criminal records have been sealed or restricted. Employers that violate the prohibition commit a Class B infraction.

Employers should take care to comply with the law in working with criminal history providers. They should also advise HR personnel and those make hiring decisions of the new requirements of the law.

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