Indiana to Prohibit Local Ban the Box Laws that Prevent Employers from Using Criminal History Inform

The Indiana General Assembly has passed legislation – Senate Bill 312 (SB 312) – to prohibit “political subdivisions” in the state such as counties, municipalities, and townships from passing “Ban the Box” laws that prevent employers from obtaining or using the criminal history information of job applicants during the hiring process to the extent allowed by federal or state laws and regulations. SB 312 takes effect July 1, 2017.

Indiana SB 312 also provides that a political subdivision may not prohibit employers from making an inquiry regarding the criminal history information of job applicants during an initial application for employment. The Ban the Box law also provides that criminal history information concerning employees or former employees may not be introduced against employers in a civil action based on the conduct of employees or the former employees if:

  • The criminal history information does not bear a direct relationship to the facts underlying the civil action;

  • The records of the criminal case have been sealed;

  • The criminal conviction has been reversed, vacated, or expunged;

  • The employee or former employer has received a pardon for the criminal conviction; or

  • The arrest or charge did not result in a criminal conviction. FULL ARTICLE

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