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Indiana Un-Bans the Box

By Michael Klazema on 5/27/2017

The new law which takes effect on July 1, 2017, will affect the 2014 “ban the box” ordinance in place of Indianapolis and Marion County.

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:

  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 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
  3. The criminal history concerns an arrest or a charge that did not result in a criminal conviction.
Indiana is the fourth state to pass an “un-ban the box” law, along with Tennessee (Senate Bill 2103), Mississippi (Senate Bill 2689)) and Michigan (House Bill 4052 (2015)).

What this Means to You

  • 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.
Senate Bill 312 is available here for review.
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