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Indiana Background Check Laws

Capital Indianapolis Population 6,633,053
Largest city Indianapolis
Area 36,418 sq mi
Criminal rate 40 crimes /10,000 people Time Zone UTC −5/−4 or −6/−5

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Indiana Drug Screen Compliance

Indiana Employment Screening laws

Employers that are either located in Indiana or hiring Indiana residents must abide by the Federal FCRA, and applicable Indiana state employment laws.

This page was created to provide a simple explanation of what an end-user of a background screening report (also known as consumer report) can use in order to be in compliance with Indiana state laws. This page also contains steps an end-user must take to stay in compliance with Indiana state laws.

Please keep in mind that the EEOC must always be taken into consideration when a hiring decision is to be made. The EEOC has provided guidance on how employers can use criminal records during the hiring process. This regulation was issued on April 25, 2012. The EEOC requires employers to individually review each applicant or employee that may be disqualified due to a criminal record. This also follows the regulations set forth by the Americans with Disabilities Act (ADA). Additionally, the EEOC wants to undertake an adverse action process similar to that of the FCRA. They want to add a pre-adverse action process of their own. Although employers already have an adverse action process that is specific to information contained in consumer reports, the EEOC's adverse action process may be different.

The information that is provided on this page does not discuss requirements under the EEOC nor does it explain how to use criminal records that fall under the regulation of the EEOC. It is suggested that compliance with the EEOC be discussed with legal counsel.

For more detailed information on Indiana state laws, please consult your legal counsel.

Background Check Law Ban the Box Law Court Fee Summary of Rights

Employment Background Check Laws In Indiana:

Ninja's summary

This state follows the regulations and standards for hiring policies as set forth by the Fair Credit Reporting Act. There are no additional state or local employment screening laws to consider. Please keep in mind that laws are always changing, and we recommend that you seek legal counsel for the most up-to-date legal information.

Update: Feb 2018

Fair Credit Reporting Act (FCRA):

The Fair Credit Reporting Act (FCRA) is a set of federal guidelines that helps regulate hiring practices. The FCRA was created to ensure privacy, accuracy, and fairness of consumer information. The FCRA accomplishes this by having a set standard for collecting, disseminating, and using consumer information.

Employers obtaining consumer reports for background screening purposes must follow specific procedures. For example, employers must disclose to the candidate what the background screening is, what information it includes, and how they intend to use it. They must obtain the written consent of the candidate before obtaining a background screening. They may not misuse the information contained in the background screening. There are also strict procedures an employer must follow should they decide not to hire a potential candidate based on the information in the background screening.

The purpose of the FCRA is to help protect employers, employees, and potential job candidates.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

No additional “Ban the Box” state or local laws to consider. Please keep in mind that laws are always changing, and we recommend that you seek legal counsel for the most up-to-date legal information.


Update: Feb 2018

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

County: Court Fee:
Adams $0.00
Allen $0.00
Bartholomew $0.00
Benton $0.00
Blackford $0.00
Boone $0.00
Brown $0.00
Carroll $0.00
Cass $0.00
Clark $0.00
Clay $0.00
Clinton $0.00
Crawford $0.00
Daviess $0.00
De Kalb $0.00
Dearborn $0.00
Decatur $0.00
Delaware $0.00
Dubois $0.00
Elkhart $0.00
Fayette $0.00
Fishers $0.00
Floyd $0.00
Fountain $0.00
Franklin $0.00
Fulton $0.00
Gibson $0.00
Grant $0.00
Greene $0.00
Hamilton $0.00
Hancock $0.00
Harrison $0.00
Hendricks $0.00
Henry $0.00
Howard $0.00
Huntington $0.00
Jackson $0.00
Jasper $0.00
Jay $0.00
Jefferson $0.00
Jennings $0.00
Johnson $0.00
Knox $0.00
Kosciusko $0.00
La Porte $0.00
Lagrange $0.00
Lake $0.00
Lawrence $0.00
Madison $0.00
Marion $0.00
Marshall $0.00
Martin $0.00
Miami $0.00
Monroe $0.00
Montgomery $0.00
Morgan $0.00
Newton $0.00
Noble $0.00
Ohio $0.00
Orange $0.00
Owen $0.00
Parke $0.00
Perry $0.00
Pike $0.00
Porter $0.00
Posey $0.00
Pulaski $0.00
Putnam $0.00
Randolph $0.00
Ripley $0.00
Rush $0.00
Saint Joseph $0.00
Scott $0.00
Shelby $0.00
Spencer $0.00
Starke $0.00
Steuben $0.00
Sullivan $0.00
Switzerland $0.00
Tippecanoe $0.00
Tipton $0.00
Union $0.00
Vanderburgh $0.00
Vermillion $0.00
Vigo $0.00
Wabash $0.00
Warren $0.00
Warrick $0.00
Washington $0.00
Wayne $0.00
Wells $0.00
White $0.00
Whitley $0.00

Indiana Consumers Have the Right to Obtain a Security Freeze

“UNDER IC 24-5-24, YOU MAY OBTAIN A SECURITY FREEZE ON YOUR CONSUMER REPORT TO PROTECT YOUR PRIVACY AND ENSURE THAT CREDIT IS NOT GRANTED IN YOUR NAME WITHOUT YOUR KNOWLEDGE. THE SECURITY FREEZE WILL PROHIBIT A CONSUMER REPORTING AGENCY FROM RELEASING ANY INFORMATION IN YOUR CONSUMER REPORT WITHOUT YOUR EXPRESS AUTHORIZATION OR APPROVAL. THE SECURITY FREEZE IS DESIGNED TO PREVENT CREDIT LOANS AND SERVICES FROM BEING APPROVED IN YOUR NAME WITHOUT YOUR CONSENT. WHEN YOU PLACE A SECURITY FREEZE ON YOUR CONSUMER REPORT, WITHIN TEN (10) BUSINESS DAYS YOU WILL BE PROVIDED A PERSONAL IDENTIFICATION NUMBER TO USE IF YOU CHOOSE TO REMOVE THE SECURITY FREEZES OR TO TEMPORARILY AUTHORIZE THE RELEASE OF YOUR CONSUMER REPORT FOR A PERIOD OF TIME OR TO A SPECIFIC PERSON AFTER THE SECURITY FREEZE IS IN PLACE. A SECURITY FREEZE DOES NOT APPLY TO PERSONS OR ENTITIES LISTED IN IC 24-5-24-11. IF YOU ARE ACTIVELY SEEKING CREDIT, YOU SHOULD UNDERSTAND THAT THE PROCEDURES INVOLVED IN LIFTING A SECURITY FREEZE MAY SLOW YOUR OWN APPLICATIONS FOR CREDIT. YOU HAVE A RIGHT TO BRING A CIVIL ACTION AGAINST SOMEONE WHO VIOLATES YOUR RIGHTS UNDER IC 24-5- 24".

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

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