Indiana § 22-2-17-4 Limitation on use of criminal history information against an employer
in civil action

Indiana Statutes

§ 22-2-17-4 — Limitation on use of criminal history information against an employer in civil action

Indiana·Art. 2 WAGES, HOURS, AND BENEFITS·Ch. 17 Use of Criminal History Information in Employment

(a)Criminal history information for an employee or a former employee may not be introduced as evidence against an employer, an employer's agents, or an employer's employees in a civil action that is based on the conduct of the employee or the 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)a court order sealed the record of the criminal case;

(B)the criminal conviction has been reversed or vacated;

(C)the employee or former employee received a pardon for the criminal conviction; or

(D)the criminal conviction has been expunged under IC 35-38-9; or

(3)the criminal history information conc

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(a) Criminal history information for an
employee or a former employee may not be introduced as evidence
against an employer, an employer's agents, or an employer's employees
in a civil action that is based on the conduct of the employee or the
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) a court order sealed the record of the criminal case;
(B) the criminal conviction has been reversed or vacated;
(C) the employee or former employee received a pardon for the
criminal conviction; or
(D) the criminal conviction has been expunged under IC 35-38-9; or
(3) the criminal history information concerns an arrest or a charge
that did not result in a criminal conviction.
(b) This section does not supersede any federal or state law
requirement to:
(1) conduct a criminal history information background
investigation; or
(2) consider criminal history information in hiring for particular
types of employment.

Indiana § 22-2-17-4 (Limitation on use of criminal history information against an employer in civil action) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.