Background checks - Indiana

Summary of differences between federal and state regulations

Arrest and 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

Indiana Department of Labor

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.