Indiana Background Check Laws
IN Employer Compliance Guide
Employers in Indiana must navigate specific state laws in addition to federal regulations when conducting employment background checks.
Content updated
Indiana background check laws at a glance
- Does Indiana have a ban-the-box law?
- No statewide ban-the-box law. Indiana employers follow federal FCRA and EEOC guidance, plus any local ordinance.
- Can employers ask about salary history?
- No statewide salary history ban in Indiana. Local rules may still apply.
- How far back can a background check go?
- Indiana law generally does not impose additional reporting limitations beyond those found in the federal FCRA for criminal records. The FCRA generally prohibits reporting non-conviction records older than seven years and other adverse information (excluding criminal convictions) older than seven years, for positions with an annual salary under $75,000. However, conviction records can generally be reported indefinitely. Employers should be aware of expungement laws which can affect what information is legally reportable.
- Governing statutes
- Indiana Code § 35-38-9; Indiana Code § 24-4-8-1 et seq. (Identity Theft)
Complying with Indiana's employment background check laws is crucial for employers to avoid legal penalties and ensure fair hiring practices. While federal laws like the Fair Credit Reporting Act (FCRA) set a baseline for background screening, Indiana has its own set of regulations that employers must understand and follow. These state-specific rules often dictate what information can be considered, when it can be considered, and how it must be handled. This guide provides a comprehensive overview of Indiana's background check laws, including ban-the-box provisions, reporting limitations, and other key compliance considerations. Adhering to these guidelines helps employers make informed hiring decisions while respecting applicants' rights and maintaining legal integrity.
Ban-the-Box Laws
Indiana does not have a statewide ban-the-box law that applies to private or public employers. However, some individual municipalities or counties may have their own ordinances. Employers should check local regulations.
State FCRA Variations
Indiana law does not significantly alter or add to the federal FCRA's requirements for consumer reports used for employment purposes. Employers must still comply with all FCRA provisions, including obtaining proper consent, providing pre-adverse action notices, and adverse action notices.
Reporting Limitations
Indiana law generally does not impose additional reporting limitations beyond those found in the federal FCRA for criminal records. The FCRA generally prohibits reporting non-conviction records older than seven years and other adverse information (excluding criminal convictions) older than seven years, for positions with an annual salary under $75,000. However, conviction records can generally be reported indefinitely. Employers should be aware of expungement laws which can affect what information is legally reportable.
Expungement & Record Sealing
Indiana has a robust expungement law (Indiana Code § 35-38-9) that allows individuals to petition the court to seal or expunge certain criminal records. Once a record is expunged, it is generally treated as if it never occurred, and the individual can legally state that they have not been convicted of the expunged offense. Employers are typically prohibited from inquiring about or considering expunged records. It is critical for employers to ensure their background check providers are aware of and comply with Indiana's expungement laws.
Key Screening Rules
Comply with FCRA for Consumer Reports
Respect Expunged Records
Individualized Assessment for Convictions
Industry-Specific Requirements
Data Security and Privacy
Frequently Asked Questions: Indiana
Does Indiana have a statewide ban-the-box law?
No, Indiana does not have a statewide ban-the-box law for either public or private employers. However, some local jurisdictions may have their own ordinances, so employers should check local regulations.
Can employers in Indiana ask about salary history?
Yes, Indiana law does not prohibit employers from asking about an applicant's salary history.
How do expunged records affect background checks in Indiana?
Under Indiana Code § 35-38-9, once a record is expunged, it is legally treated as if it never occurred. Employers generally cannot inquire about or consider expunged records when making hiring decisions.
Are there any specific limitations on reporting criminal history in Indiana?
Indiana law does not impose additional reporting limitations beyond the federal FCRA, which generally restricts reporting non-convictions and certain adverse information older than seven years for lower-paying jobs. Conviction records can typically be reported indefinitely, unless expunged.
Do I need to comply with the FCRA in Indiana?
Yes, if you use a third-party company to conduct background checks, you must comply with all provisions of the federal Fair Credit Reporting Act (FCRA), including disclosure, authorization, and adverse action procedures.
Key Statutes
Indiana Code § 35-38-9
— Governs the expungement of criminal records in Indiana, defining eligibility and the effects of an expungement.
Indiana Code § 24-4-8-1 et seq. (Identity Theft)
— While not directly a background check law, it addresses the security and handling of personal information, which is relevant when collecting applicant data.
Sources for this Indiana guide
Statutes change. Confirm the current text on the issuing agency's own site before relying on it for a hiring decision.
Indiana primary authority
- Indiana Legislature and state code
Indiana Legislature · link checked 2026-09-17
Federal authority
- Fair Credit Reporting Act (revised March 2026), § 605 [15 U.S.C. § 1681c]
Federal Trade Commission · March 2026 text read via web retrieval; direct fetch returned 404 on 2026-10-08; not legal review
- 15 U.S.C. § 1681c — Requirements relating to information contained in consumer reports
U.S. Government Publishing Office · link checked 2026-09-17
- 16 CFR Part 698 — Model Forms and Disclosures (FCRA)
National Archives — eCFR · link checked 2026-09-17
- 15 U.S.C. § 1681c (annotated text)
Cornell Legal Information Institute · link checked 2026-09-17
Legal disclaimer. This Indiana guide is general information about employment screening law, not legal advice, and it does not create an attorney–client relationship. State and local requirements change, often apply only to certain employers or job types, and can be preempted or supplemented by local ordinances. DatabaseRecords is a records-research and investigative firm, not a law firm. Consult qualified employment counsel in Indiana before adopting or changing a screening policy.
States bordering Indiana
Employers hiring across state lines must follow the law of each state where the applicant applies or will work. Compare Indiana with its neighbors:
Screening services for Indiana employers
- Employment background checks
- Employment verification
- Driving records (MVR)
- Drug testing
- Education verification
- Tenant screening
See the U.S. Employment Screening Law Center, the 50-state compliance library, our FCRA compliance overview, or how far back background checks go in Indiana.
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