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 § 22-2-17-4

Art. 2WAGES, HOURS, AND BENEFITS

Ch. 17Use of Criminal History Information in Employment

This text of Indiana § 22-2-17-4 (Limitation on use of criminal history information against an employer in civil action) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 22-2-17-4 (2026).

Text

(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.