Skip to content

IC 22-2-17-4 — Limitation on use of criminal history information against an employer in civil action

Chapter 17. Use of Criminal History Information in Employment Decisions

1 section change

Bills amending this section

Section text

Sec. 4. (a) Criminal history information for an employee or a former employee may not be introduced as evidence against an employer, an employer's agents, or an employer's employees in a civil action that is based on the conduct of the employee or the former employee if: (1) the nature of the criminal history information of the employee or former employee does not bear a direct relationship to the facts underlying the civil action; (2) before the acts giving rise to the civil action occurred: (A) a court order sealed the record of the criminal case; (B) the criminal conviction has been reversed or vacated; (C) the employee or former employee received a pardon for the criminal conviction; or (D) the criminal conviction has been expunged under IC 35-38-9; or (3) the criminal history information concerns an arrest or a charge that did not result in a criminal conviction. (b) This section does not supersede any federal or state law requirement to: (1) conduct a criminal history information background investigation; or (2) consider criminal history information in hiring for particular types of employment.

As added by P.L.210-2017, SEC.1.

Source: official publisher (2026 edition)

Sections IC 22-2-17-4 cites