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

Sec. 4. (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.