Indiana Un-Bans the Box

The new law which takes effect on July 1, 2017, will affect the 2014 “ban the box” ordinance in place of and . In addition, the bill states that an employee or former employee’s criminal history information may not be introduced as evidence against an employer in a civil action based on the conduct of the employee or former employee if:

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;
Before the acts giving rise to the civil action occurred:
A court order sealed the record of the criminal case;
The criminal conviction has been reversed or vacated;
The criminal conviction has been expunged under IC 35-38-9;
The employee or former employee received a pardon for the criminal conviction; or
The criminal history concerns an arrest or a charge that did not result in a criminal conviction.

This update applies to all employers in Indiana.
The new law restricts local government from adopting any ban-the-box ordinances in Indiana.
An employee or former employee’s criminal history information may not be used against an employer in a civil action based on the conduct of the employee or former employee under certain conditions.

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