Indiana Background Check Laws (2026 Guide)

Last verified: March 2026. This page reflects current Indiana Code Titles 10, 22, 25, and 35 as published by the Indiana General Assembly.

Table of Contents

• Overview of Indiana Background Check Laws
• State Preemption of Local Ban the Box Ordinances
• Indiana's Second Chance Law (IC 35-38-9)
• Automatic Expungement of Dismissed Charges
• Lookback Periods and Reporting Limits
• FCRA Requirements for Indiana Employers
• Employment Background Checks
• Housing and Tenant Screening
• Professional Licensing Background Checks
• Firearms Background Checks
• Childcare and Education Background Checks
• Recent Legislative Changes
• Frequently Asked Questions
• Sources and References

Overview of Indiana Background Check Laws

Indiana takes a notably employer-friendly approach to background checks compared to many other states. The state does not impose a statewide Ban the Box requirement on private employers, and it became the first state in the nation to actively preempt local governments from passing their own criminal history hiring restrictions.

At the same time, Indiana provides a pathway for individuals with criminal records to seek a fresh start through its Second Chance Law. This statute, codified at IC 35-38-9, allows eligible individuals to petition courts for expungement or sealing of their records.

The Indiana State Police (ISP) serves as the official state repository for criminal history information. The ISP maintains the Limited Criminal History database, which contains felony and Class A misdemeanor arrest records within Indiana. Anyone can request a limited criminal history search online for felony and Class A misdemeanor arrest records within Indiana. Anyone can request a limited criminal history search online for $15.00 per record5.00 per record.

Indiana background check laws involve a combination of state statutes, federal requirements under the Fair Credit Reporting Act (FCRA), and industry-specific regulations. Understanding how these layers interact is essential for employers, landlords, licensing boards, and individuals alike.

State Preemption of Local Ban the Box Ordinances

In 2017, Governor Eric Holcomb signed Senate Bill 312, making Indiana the first state to prohibit local governments from enacting Ban the Box ordinances. The law took effect on July 1, 2017, and is codified at IC 22-2-17.

Senate Bill 312 prohibits political subdivisions, including counties, municipalities, and townships, from passing ordinances that restrict an employer's ability to:

• Obtain or use criminal history information during the hiring process
• Ask about an individual's criminal history on job applications
• Require individuals to disclose their criminal history

Before this preemption, the City of Indianapolis and Marion County had enacted their own Ban the Box ordinances in February 2014. These local laws applied to both public-sector employers and private employers with vendor contracts. Senate Bill 312 nullified those ordinances and prevented any other Indiana locality from passing similar restrictions.

Legislators who sponsored the bill stated their goal was to create uniformity in criminal records check laws and reduce confusion for businesses and the general public.

Executive Order for State Employees

Alongside signing Senate Bill 312, Governor Holcomb issued an executive order applying Ban the Box principles to Indiana's executive branch. Under this order, state employment applications in the executive branch do not ask about criminal history on the initial application.

The state continues to conduct background checks later in the hiring process, and certain positions that are subject to statutory restrictions on hiring individuals with felony convictions remain unaffected. This executive order applies only to state government positions and does not extend to private employers or local government hiring.

Indiana's Second Chance Law (IC 35-38-9)

Indiana's Second Chance Law, formally titled "Sealing and Expunging Conviction Records" under IC 35-38-9, provides a structured process for individuals to petition courts to seal their criminal records. Originally enacted in 2013, the law has been amended multiple times to expand eligibility and streamline the process.

An important distinction: Indiana expungement does not destroy records. Instead, it seals them from public view. Law enforcement agencies, courts, and certain government officials can still access sealed records. However, sealed records will not appear on standard background checks conducted by employers, landlords, or licensing agencies.

Eligibility Categories and Waiting Periods

Section 1 (IC 35-38-9-1): Arrests Without Conviction

Individuals who were arrested but never convicted may petition for expungement one year after the date of arrest or charge, whichever is later. The prosecuting attorney may consent in writing to a shorter waiting period. As of July 1, 2022, dismissed charges and acquittals are now subject to automatic expungement (see below). No filing fee is required for this category.

Section 2 (IC 35-38-9-2): Misdemeanor Convictions

Petitioners must wait at least five years after the date of conviction. They must have completed their sentence, paid all fines and costs, and have no new convictions during the waiting period. Expunged misdemeanor records are permanently sealed and may not be disclosed to the public. The typical filing fee is approximately $162.

Section 3 (IC 35-38-9-3): Class D or Level 6 Felonies

For Class D felonies (now classified as Level 6 felonies) that were not reduced to misdemeanors, the waiting period is eight years from the date of conviction. Petitioners must meet the same conditions as misdemeanor expungements. Records expunged under this section are sealed from public disclosure. Individuals convicted of perjury are not eligible under this section.

Section 4 (IC 35-38-9-4): Other Felonies Without Serious Bodily Injury

For felonies not covered by Sections 2 or 3, petitioners must wait at least eight years from the date of conviction and at least three years from the date they completed their sentence. Expungement under this section requires the record to be marked as expunged but may still be disclosed in certain contexts.

Section 5 (IC 35-38-9-5): Serious Felonies and Elected Officials

Convicted elected officials or candidates who committed offenses while in office, and individuals convicted of felonies resulting in serious bodily injury, must wait 10 years from the date of conviction or five years from completion of sentence. Prosecutor consent is required.

Who Cannot Seek Expungement

Certain individuals are permanently barred from seeking expungement under Indiana law. These include:

• Sex or violent offenders as defined in IC 11-8-8-5
• Individuals convicted of homicide offenses under IC 35-42-1
• Individuals convicted of human trafficking or sexual trafficking under IC 35-42-3.5
• Individuals convicted of sex crimes under IC 35-42-4
• Individuals convicted of a felony that resulted in the death of another person
• Individuals convicted of two or more felony offenses involving the unlawful use of a deadly weapon that were not part of the same criminal episode
• Individuals convicted of official misconduct (with limited exceptions)

Automatic Expungement of Dismissed Charges

One of the most significant updates to Indiana's expungement law came through Public Law 14-2022, which took effect on July 1, 2022. This amendment to IC 35-38-9-1 introduced automatic expungement for dismissed charges and acquittals.

Under the current law, automatic expungement occurs in the following situations:

• A court dismisses all charges or juvenile delinquency allegations filed against a defendant
• A defendant is acquitted of all charges at trial
• A conviction is vacated
• A court finds allegations against a juvenile to be untrue
• A court vacates a finding of guilt against a juvenile

The expungement order takes effect 60 days after dismissal or acquittal. The prosecuting attorney may request a delay of up to one year for good cause, but absent such a request, the 60-day timeline applies automatically.

For arrests where no charges are filed, the statute now requires automatic expungement of records 180 days after the arrest if no charges are pending. The law also clarifies that arrests or charges later reduced to an infraction are treated as though they did not result in a conviction.

This automatic process applies to individuals charged with offenses after June 30, 2022. Those with older dismissed charges may still need to file a petition.

Lookback Periods and Reporting Limits

Indiana does not impose a state-level lookback limit on how far back criminal convictions can be reported on background checks. This means that conviction records in Indiana can be reported indefinitely, regardless of how old they are.

However, the federal Fair Credit Reporting Act (FCRA) does impose certain restrictions that apply to background checks conducted by third-party consumer reporting agencies:

Seven-Year Limit on Non-Conviction Records

Under the FCRA, arrests that did not result in convictions cannot be reported if they are more than seven years old. This applies to background checks for employment, housing, and other purposes when a third-party screening company is involved.

$75,000 Salary Exception

The FCRA's seven-year restriction on non-conviction records does not apply to positions with an annual salary of $75,000 or more. For these higher-paying positions, non-conviction records older than seven years may still be reported.

No Time Limit on Convictions

Neither Indiana law nor the FCRA restricts how far back criminal convictions can be reported. A conviction from 20 or 30 years ago may appear on a background check in Indiana unless the record has been sealed through expungement.

Sealed and Expunged Records

Records that have been expunged under IC 35-38-9 Sections 2 and 3 are permanently sealed and will not appear on background checks at all. Records expunged under Section 4 may still be disclosed but must be clearly labeled as expunged.

FCRA Requirements for Indiana Employers

When Indiana employers use a third-party consumer reporting agency (CRA) to conduct background checks, they must comply with the Fair Credit Reporting Act. The FCRA applies nationwide and sets baseline requirements that Indiana employers cannot bypass.

Disclosure and Consent

Before obtaining a background check through a CRA, the employer must provide the applicant or employee with a clear, written disclosure that a background check will be conducted. This disclosure must be a standalone document, separate from the job application or any other paperwork. The individual must then provide written authorization.

Adverse Action Process

If an employer decides not to hire someone, or to take other adverse action based on information in a background check, the employer must follow a two-step process:

1. Pre-adverse action notice: Before making a final decision, the employer must send the individual a copy of the background check report and a summary of their rights under the FCRA.

2. Waiting period: The employer must allow a reasonable amount of time (typically five business days) for the individual to review the report and dispute any inaccuracies.

3. Final adverse action notice: After the waiting period, the employer may issue a final notice explaining the adverse action, identifying the CRA that provided the report, and informing the individual of their right to dispute the information.

Employer Liability

Employers cannot avoid FCRA liability by delegating background checks to a third-party vendor. If a vendor fails to follow FCRA procedures, the employer may still face legal consequences. Employers should verify that any CRA they work with is FCRA-compliant and secure appropriate indemnification agreements.

Employment Background Checks

Indiana places few restrictions on private employers when it comes to conducting criminal history background checks. Unlike states with Ban the Box laws, Indiana employers may ask about criminal history at any stage of the hiring process, including on the initial application.

What Employers Can and Cannot Do

Permitted practices:

• Asking about criminal history on job applications
• Conducting criminal background checks at any point during the hiring process
• Using criminal conviction records as a factor in hiring decisions
• Considering the full criminal history without a state-imposed lookback limit

Prohibited practices:

• Asking about or considering expunged or sealed records (IC 35-38-9-10)
• Asking whether records have been sealed or restricted
• Discriminating against individuals based on expunged records
• Using arrest records that did not result in conviction as the sole basis for denial (best practice under EEOC guidelines)

Protections for Individuals with Expunged Records

Under IC 35-38-9-10, it is unlawful discrimination for any person to refuse to employ, suspend, expel, refuse to admit, refuse to grant or renew a license, or otherwise discriminate against a person because of a conviction or arrest record that has been expunged or sealed.

Violating this provision is a Class C infraction and may result in contempt of court. Individuals who experience discrimination based on expunged records may file a written motion of contempt and are entitled to injunctive relief.

When asked about criminal history on a job application, individuals with expunged records may legally answer "no" to questions about prior arrests or convictions for those specific offenses. Employers may only ask about criminal records using language that excludes expunged matters, such as: "Have you ever been arrested for or convicted of a crime that has not been expunged by a court?"

State Government Employment

Indiana state executive branch agencies follow Ban the Box principles under the governor's executive order. Initial applications for state positions do not include questions about criminal history. Background checks are conducted later in the hiring process, typically after an interview or conditional offer of employment.

Housing and Tenant Screening

Indiana law allows landlords to conduct background checks on prospective tenants, including criminal history, credit history, and rental history checks. The state does not impose specific restrictions beyond federal requirements on how landlords use criminal history in tenant screening decisions.

Landlord Requirements

• Written consent: Landlords must obtain written consent from the prospective tenant before running a background check.
• Application fees: Indiana landlords may charge application or screening fees. These fees must be reasonable and are typically non-refundable.
• Adverse action notice: If a landlord denies a tenant's application based on background check information obtained through a CRA, the landlord must provide written notice of the denial and the reason for it, in compliance with the FCRA.

Fair Housing Considerations

While Indiana does not have a state-level restriction on using criminal history in housing decisions, landlords must comply with the federal Fair Housing Act. The U.S. Department of Housing and Urban Development (HUD) has issued guidance stating that blanket policies denying housing based on any criminal record may constitute illegal discrimination if they have a disparate impact on protected classes.

Best practices for Indiana landlords include:

• Evaluating each applicant's criminal history individually rather than applying blanket policies
• Considering the nature, severity, and recency of any criminal offense
• Applying consistent screening criteria to all applicants
• Limiting consideration to convictions rather than arrests
• Recognizing that sex offender registry status may be a valid basis for denial due to residency restrictions

Professional Licensing Background Checks

Indiana's Professional Licensing Agency (PLA) requires criminal background checks for individuals seeking initial licenses or certificates in many regulated professions. These checks are governed by IC 25-1-1.1 and related statutes.

How Licensing Boards Evaluate Criminal History

Under IC 25-1-1.1-6, licensing boards must maintain an explicit list of crimes that may disqualify an applicant from receiving a license. Boards cannot use vague or subjective standards such as "moral turpitude" or "good character" as a basis for denial.

The evaluation is limited to crimes directly related to the duties of the profession. When reviewing an applicant's criminal history, boards must consider:

• The nature of the crime and its relationship to the profession
• The time elapsed since the offense
• Evidence of rehabilitation
• Whether the conviction has been expunged

Boards cannot consider an arrest that did not result in a conviction.

Pre-Application Determination

Indiana law allows individuals with a "conviction of concern" to petition a licensing board for a pre-application determination on whether their criminal history would disqualify them from licensure. The board must respond with a written determination within 60 days, including the reasons for any denial, the right to a hearing, the earliest date for reapplication, and how rehabilitation efforts may be considered.

Background Check Process

All applicant background checks for professional licensing must be completed through IdentoGo and received electronically by the state. Applicants cannot submit their own copies of background check results. Criminal background checks are required only for initial applications and are not typically required for renewals.

Firearms Background Checks

Indiana participates in the federal National Instant Criminal Background Check System (NICS) for firearms purchases from licensed dealers. The system checks three databases: the National Crime Information Center (NCIC), the Interstate Identification Index (III), and the NICS Index.

Indiana law identifies several categories of individuals prohibited from possessing firearms, including those who have been:

• Civilly committed
• Found mentally ill and dangerous or gravely disabled
• Found guilty but mentally ill
• Found not responsible by reason of insanity
• Found incompetent to stand trial

Indiana trial courts report these adjudications to the Division of State Court Administration, which shares the information with the NICS Index. Indiana adopted a permitless carry law (Constitutional Carry) effective July 1, 2022, eliminating the requirement for a license to carry a handgun for most adults who are not otherwise prohibited from possessing firearms.

Childcare and Education Background Checks

Indiana imposes specific background check requirements for individuals working in childcare, education, and other settings involving children.

School Employment

Under IC 20-26-5-10, school corporations, charter schools, and nonpublic schools must adopt policies requiring expanded criminal history (ECH) checks and expanded child protection index (ECPI) checks for prospective employees. Updated ECH checks for current employees are required every five years.

School employers must also contact employment references and, when applicable, the most recent employer. If an ECPI check reveals a substantiated report of child abuse or neglect, the school may use that information as grounds not to employ the individual.

Applicants bear the cost of obtaining the background check unless the school agrees to pay.

Childcare Facilities

Indiana requires criminal background checks for all childcare staff members, including contract employees, volunteers, and self-employed individuals whose activities involve the care or supervision of children. These checks must be completed every three years.

Home Health Agencies

Home health agencies and personal services agencies cannot employ a person to provide services in a patient's or client's residence for more than three business days without applying for a national criminal history background check under IC 16-27-2.

Recent Legislative Changes

Indiana's background check landscape has seen several important changes in recent years:

2022: Automatic Expungement (Public Law 14-2022)

Effective July 1, 2022, Indiana now requires automatic expungement of dismissed charges and acquittals within 60 days. Arrest records where no charges are filed must be expunged after 180 days. This eliminated the previous one-year waiting period for non-conviction expungement petitions.

2022: Constitutional Carry (HB 1296)

Indiana eliminated the requirement for a license to carry a handgun, effective July 1, 2022. Federal NICS background checks still apply to purchases from licensed firearms dealers.

2017: Ban the Box Preemption (SB 312)

Indiana became the first state to prohibit local governments from enacting Ban the Box ordinances, effective July 1, 2017. Governor Holcomb simultaneously issued an executive order applying Ban the Box to state executive branch hiring.

Ongoing: Expungement Statute Amendments

The Indiana General Assembly has amended the expungement statutes in nearly every session since the original 2013 enactment. Courts publish updated digests and guides at the start of each year to reflect the latest changes.

Frequently Asked Questions

Sources and References

• Indiana Code Title 35, Article 38, Chapter 9: Sealing and Expunging Conviction Records - Indiana Public Defender Council
• Senate Bill 312 (2017) - Indiana General Assembly
• Criminal Background Checks - Indiana Professional Licensing Agency - IN.gov
• Limited Criminal History Services - Indiana State Police
• Expungement Detailed Information - Indiana Office of Court Services
• Expungement Statutes Compilation - Indiana Office of Court Services
• Background Check Requirements for Childcare - Indiana Family and Social Services Administration
• Criminal History Checks for Health Agencies (IC 16-27-2) - Indiana Department of Health
• What Employment Background Screening Companies Need to Know About the FCRA - Federal Trade Commission
• IC 25-1-1.1-6: Effect of Criminal Convictions on Licensed Persons - Indiana Code
• NICS: National Instant Background Check System - Indiana Courts
• IC 35-38-9-10: Unlawful Discrimination Against Persons with Expunged Records - Indiana Code