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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to employment within the Executive Branch of Indiana. Executive Order 17-15.
Effective July 1, 2017, the executive order prohibits job applications for positions with the Indiana executive branch from inquiring about convictions and criminal history. Background checks must be conducted later in the hiring process, though it does not specify exactly when.
Indiana Code §24-4-18 took effect on July 1, 2013, and limits the type of information that a criminal history provider may offer.
State
Contacts
Employer immunity from disclosure claims
Arrest record inquiries
Indiana Civil Rights Commission
Conviction record inquiries
Indiana Civil Rights Commission
Regulations
Employer immunity from disclosure claims
Indiana Code 22-5-3-1, Disclosure of information after employee’s discharge
Indiana Code 22-6-3-1, Exemptions
Arrest record inquiries
Public Law 69 (H. 1033)
https://roar-assets-auto.rbl.ms/documents/14745/acts_2012.pdf
Conviction record inquiries
Public Law 69 (H. 1033)
https://roar-assets-auto.rbl.ms/documents/14745/acts_2012.pdf
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.