State law · For employers

Indiana background check laws for employers

What Indiana law says about background checks for employment, beyond the federal Fair Credit Reporting Act (FCRA). Each section shows the rule, who it covers, its exceptions and the law it comes from.

Reviewed
Primary sources
3 laws cited

At a glance

The Indiana rules on each topic, in one line. Federal law applies to every topic.

TopicIndiana rule
Criminal history questionsNo state rule. Federal law applies.
Limits on what a report includesIndiana regulates ‘criminal history providers’ (anyone who compiles criminal history reports for employment, housing, licensing, or credit, or who regularly publishes criminal history online).
Sealed and expunged recordsNo automatic sealing of convictions. Indiana’s Second Chance law (IC 35-38-9) is petition-based.
Credit checksNo state rule. Federal law applies.
Salary historyNo state rule. Federal law applies.
CannabisNo state rule. Federal law applies.
Drug testing proceduresNo state rule. Federal law applies.
State consumer reporting lawNo general state consumer-reporting statute beyond the federal FCRA. The one state analogue is the criminal history provider chapter (IC 24-4-18): content limits and a 60-day currency duty for criminal history reports, enforced as…

What a background check report may include

Who it covers: Criminal history providers (CRAs and online publishers) producing reports used for employment in Indiana

In force since: July 1, 2012

Indiana regulates ‘criminal history providers’ (anyone who compiles criminal history reports for employment, housing, licensing, or credit, or who regularly publishes criminal history online). A provider may not knowingly report: a record that has been expunged (marked expunged or removed from public access); a record a court has restricted from public disclosure; a Class D or Level 6 felony conviction that was entered or converted as a Class A misdemeanor; or a record the provider knows is inaccurate. Reports must reflect material changes to the official record made 60 or more days before delivery. There is no state 7-year limit. A violation is a deceptive act under the Deceptive Consumer Sales Act.

Exceptions

  • Requester is required by state or federal law to obtain the information
  • Requester is the state or a political subdivision using the information solely for a public bond

IC 24-4-18-6(a) · IC 24-4-18-6(a)(3) · IC 24-4-18-6(b) · IC 24-4-18-7(a) · IC 24-4-18-3(a)

Sealed and expunged records

Who it covers: Any person, including private employers

In force since: July 1, 2013

No automatic sealing of convictions. Indiana’s Second Chance law (IC 35-38-9) is petition-based. Arrests and charges that did not end in a conviction may be expunged; for charges filed after June 30, 2022, the court expunges dismissals, acquittals, and no-true findings on its own (with up to a 1-year delay for cause), and for arrests after June 30, 2022 with no charges after 1 year, the person may petition. Conviction waits run from the conviction date unless the prosecutor consents to less: misdemeanors 5 years; Class D/Level 6 felonies 8 years; other less serious felonies the later of 8 years from conviction or 3 years from sentence completion; serious felonies the later of 10 years or 5 years, with prosecutor consent. Some offenses are never eligible (e.g., sex and violent offenses, and since 2025 attempted murder and possession of a firearm by a serious violent felon). Since 2025 (P.L.77-2025) a court may not order the BMV to expunge a commercial-driver conviction. Once expunged, it is unlawful discrimination to refuse to employ a person because of the expunged or sealed record. Applications may ask about criminal history only in terms that exclude expunged records, such as ‘Have you ever been arrested for or convicted of a crime that has not been expunged by a court?’. An expungement order is evidence of due care in hiring, and an expunged conviction is not admissible in a negligent-hiring suit against one who relied on the order. 2026 HB 1118 (a full rewrite) did not pass; IC 35-38-9 was not changed on July 1, 2026.

Exceptions

  • Persons to whom sealed records may be disclosed under IC 35-38-9-6(a)(3)
  • Law enforcement agencies and probation or community corrections departments for their own hiring (subsections (b), (d), (e), (f) do not apply)

IC 35-38-9-10(b) · IC 35-38-9-10(d) · IC 35-38-9-2(c) · IC 35-38-9-1(a) · IC 35-38-9-3 · IC 35-38-9-5 · IC 35-38-9-10(g) · HB 1118 (2026), committee report version HB1118.02.COMH (digest)

The state consumer reporting law

Who it covers: Criminal history providers

In force since: July 1, 2012

No general state consumer-reporting statute beyond the federal FCRA. The one state analogue is the criminal history provider chapter (IC 24-4-18): content limits and a 60-day currency duty for criminal history reports, enforced as deceptive acts, without displacing an individual’s federal FCRA claim.

IC 24-4-18-8(a) · IC 24-4-18-8(b) · IC 24-5-24 (Security Freezes for Consumer Reports), chapter heading

Where federal law alone applies

We found no Indiana rule for private employers on these topics. The FCRA and other federal laws still apply.

  • Criminal history questions
  • Credit checks
  • Salary history
  • Cannabis
  • Drug testing procedures

Local rules

Some places in Indiana add their own rules. A local rule applies on top of the state rule.

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Indiana requirements where they apply.

The waiting period calculator gives the date under the federal rule.

Paperwork at hire

Besides the federal Form I-9 and W-4, Indiana sets these for each new hire.

  • State withholding. Have each new hire with Indiana state or county income tax complete Form WH-4, including the county of residence and county of principal employment as of January 1; keep it in your records and do not send it to the Department of Revenue. Form WH-4 (State Form 48845)
  • New hire report. Report each new hire to Indiana within 20 days. State new hire reporting
  • Notices at hire. Indiana adds none beyond the federal forms that every employer gives.

Build the new hire checklist for Indiana, with city rules, special cases and a due date for each item.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.

State law

Background check laws by state

Pick a state to see what its law adds to the federal FCRA. A darker state has state law on more of the eight topics we cover.

  • State law on 1 to 3 topics
  • 4 or 5 topics
  • 6 to 8 topics

Every state, with its review date