Indiana Background Checks laws & HR compliance analysis

Indiana Background Checks: What you need to know

There are a number of ways for employers to gather information on the background of an applicant for employment. Employers may simply call an applicant's former employer to confirm the applicant's dates of employment and title and to try to obtain a more detailed reference from a supervisor. However, more and more frequently, employers are hiring third parties to conduct background checks on applicants who have been offered employment. In addition, depending on the nature of the position, employers are requesting reports about an applicant's driving record, criminal record, and/or credit history. There are often legal limits on employers obtaining and using this type of information. When employers hire a third party to conduct a background check or to obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws.
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Under Indiana law, employers are required to conduct a criminal background check on applicants for certain types of positions before or at the time of hire. In addition, at the request of an individual who has applied for employment, the Indiana central repository for criminal history information will process a request for a limited criminal history check of the individual from the Federal Bureau of Investigation's National Crime Information Center upon submission of a fingerprint card and payment of a $15 fee (Ind. Code § 10-13-3-28). Therefore, employers wishing to conduct a criminal background check must obtain a signed authorization from the applicant requesting release of the information.
Limits on disclosure of restricted or sealed records. Individuals with restricted or sealed criminal records ...

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