At-a-Glance Compliance Overview

State Mini-FCRA Laws

Indiana does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

Indiana does not impose state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Private Employers

Private employers:

• may inquire about criminal history at any stage of the hiring process
• are not subject to statewide timing restrictions

Fair Chance / Ban-the-Box Law

Indiana provides a structured framework for expungement (record sealing) under its “Second Chance” law.

Relevant statute:

Ind. Code §35-38-9-1 et seq.

Key Provisions

Eligible individuals may petition to expunge:

• arrests and charges not resulting in conviction
• certain misdemeanor convictions
• certain felony convictions after defined waiting periods and eligibility criteria

Indiana expungement:

• may result in records being sealed or restricted from public access
• may limit employer visibility depending on the level of offense and relief granted

Expunged records are generally not available in routine public background checks, subject to statutory limitations.

Fair Chance / Ban-the-Box Law

Indiana has enacted a ban-the-box law applicable to public employers only.

Relevant statute:

Ind. Code §4-15-2.2-42

Key Requirements (Public Employers)

• criminal history inquiries are delayed until later in the hiring process
• background checks occur after initial qualification review

Credit Check Restrictions

Indiana does not have a statute specifically restricting employer use of credit reports for employment purposes.

Employers may obtain and use credit reports in compliance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers should ensure that any use of credit information is:

• job-related
• consistent with applicable anti-discrimination laws

Cannabis Use and Drug Testing Rules

Indiana has not legalized marijuana for recreational or medical use (outside of limited CBD allowances) and does not provide employment protections related to marijuana use.

Employers may:

• maintain drug-free workplace policies
• require drug testing
• discipline employees for positive drug tests

Pay Equity and Salary History Rules

Indiana does not maintain a statewide salary history ban or pay transparency law affecting private employers.

Employers must comply with federal anti-discrimination laws governing compensation.

Local Fair Chance or Screening Ordinances

No local fair chance hiring ordinances, credit check restrictions, cannabis testing restrictions, or pay transparency laws affecting private employers have been identified in Indiana.

Key Statutes

• Public Sector Ban-the-Box – Ind. Code §4-15-2.2-42
• Expungement – Ind. Code §35-38-9-1 et seq.

Employer Compliance Checklist

Employers conducting background checks in Indiana should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure, authorization, and adverse action requirements when ordering background checks.

• Understand that statewide fair chance timing requirements apply to public employers, not private employers.

• Ensure expunged records are not considered in employment decisions where access is restricted.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Evaluate use of credit information for job-relatedness and compliance with employment laws.

• Maintain clear workplace drug testing policies addressing controlled substance use and workplace impairment.