Effective July 1, 2014, Indiana has a new rule on what information “criminal history providers” can report in employment background checks. This latest version of Ind. Code § 24-4-18-6 makes a technical correction to the law and clears up a few things. Unlike previous versions of the statute, the new law allows reporting of non-conviction and pending records as long as the information is within the 7 year window required under the Fair Credit Reporting Act.
As it now reads, the law limits reporting of expunged records and sealed records—records that any compliant screening company wouldn’t give you anyway. It also prohibits reporting certain classes of felonies that have been reduced or converted to a misdemeanor, and creates a statutory cause of action for the intentional or “knowing” act of reporting an inaccurate record. [...]