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

Ban-the-Box: NoneApplies to: N/A

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.


This guide is for educational purposes and does not constitute legal advice.

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

Federal authority

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.

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