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Indiana background check laws for employers
Indiana has no fair-chance law for private employers, and a 2017 state law stops cities and counties from passing ban-the-box rules for private employers. Indiana does protect expunged and sealed records: employers may not discriminate based on them and must word questions to leave them out. Background check companies may not report expunged or restricted records.
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Fair-chance hiring (criminal history)
- No Indiana law limits when private employers may ask about criminal history or requires a fair-chance assessment.
- Cities and counties may not stop employers from asking about or requiring disclosure of criminal history on the initial application, or from using it in hiring as state and federal law allow (Ind. Code 22-2-17-3).
City and county rules
- Indiana law bars local ban-the-box rules for private employers, so no city or county timing rule applies to them (Ind. Code 22-2-17-3).
State consumer report rules
- Criminal history providers may not knowingly report expunged records, records a court has restricted, Class D or Level 6 felonies that were entered or converted as misdemeanors, or records they know are wrong (Ind. Code 24-4-18-6(a)).
- Those restricted records may be provided only when state or federal law requires the requester to get them, or for certain public bond uses (Ind. Code 24-4-18-6(b)).
- A violation is a deceptive act under Indiana consumer law, and people keep their federal FCRA rights (Ind. Code 24-4-18-8).
How far back a report can go
- No Indiana limit was found on how many years back a background report may go for convictions.
- It is unlawful to refuse to hire or otherwise discriminate against someone because of an arrest or conviction record that was expunged or sealed (Ind. Code 35-38-9-10(b)).
- Job applications may ask about criminal records only in words that leave out expunged records, such as 'Have you ever been arrested for or convicted of a crime that has not been expunged by a court?' (Ind. Code 35-38-9-10(d)).
- Discriminating based on an expunged record is a Class C infraction and can be contempt of court (Ind. Code 35-38-9-10(f)).
Credit checks
- No Indiana law was found that limits employer use of credit reports beyond the federal FCRA.
Also good to know
- Health care facilities must request a state nurse aide registry report and a limited criminal history within 3 business days of hiring a nurse aide or other unlicensed worker, and home health and personal services agencies may not hire people with certain convictions for in-home work (Ind. Code 16-28-13-4, 16-27-2-5).
Common questions
Can Indiana employers run a background check?
Indiana has no fair-chance law for private employers, and a 2017 state law stops cities and counties from passing ban-the-box rules for private employers. Indiana does protect expunged and sealed records: employers may not discriminate based on them and must word questions to leave them out. Background check companies may not report expunged or restricted records.
Does Indiana have a ban-the-box law for private employers?
No Indiana law limits when private employers may ask about criminal history or requires a fair-chance assessment.
How far back does a background check go in Indiana?
No Indiana limit was found on how many years back a background report may go for convictions.
Can Indiana employers run credit checks on applicants?
No Indiana law was found that limits employer use of credit reports beyond the federal FCRA.
Some rules for Indiana weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- Ind. Code 22-2-17-3 local preemption (Justia, 2025)
- Ind. Code 35-38-9-10 expunged records (Justia, 2025)
- Ind. Code 24-4-18-6 criminal history providers (Justia, 2025)
- Ind. Code 24-4-18-8 enforcement (Justia, 2025)
- Ind. Code 16-28-13-4 health facility checks (Justia, 2025)
- Ind. Code 16-27-2-5 home health hiring limits (Justia, 2025)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.