As of July 1, 2012, Indiana employers will begin to receive less information in background checks. The new law prohibits law enforcement agencies from reporting criminal history records that have been restricted, arrests that did not result in a conviction, expunged records and Class D felonies that have been reduced to Class A misdemeanors. The law also requires courts to order its county clerks not to disclose or permit the disclosure of information regarding arrests, if the person is not prosecuted, if the action is dismissed, if the person is judged not to have committed the infraction for which he was arrested or if the conviction is vacated. County clerks shall prohibit the disclosure of information regarding infractions five years after the person satisfies the judgment of a conviction. Such information may not be used to determine eligibility for employment. Any applicant or employee injured may recover actual damages, liquidated damages of $500.00, court costs and attorneys’ fees.
For applicants, they may state that they have not been arrested for or convicted of a felony or misdemeanor recorded in a restricted record. A restricted record is a record that is older than five years after the date a person satisfies a judgment imposed on the person for an infraction. In addition, an employer may not ask an applicant or employee whether his or her records have been sealed or restricted.