Indiana Background Check Laws for Employers (2026)
Indiana gives employers unusually wide latitude on criminal history. Even so, four state statutes still control what your report may contain and how you may use it.
This guide explains each rule, names the agency behind it, and shows how to keep every Indiana employment background check compliant.
Indiana Background Check Laws at a Glance
Indiana takes a light-touch approach to employment screening. The state has no mini-FCRA, so the federal Fair Credit Reporting Act sets the core rules.
Instead, Indiana wrote one narrow chapter aimed at background screening companies, plus laws on expungement, local preemption, and regulated industries. Use the table below as your compliance map.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.; Ind. Code § 24-4-18 (Criminal History Providers) | Requires disclosure, authorization, and adverse action notices; bars reporting expunged, restricted, or reduced records. | FTC and CFPB; Consumer Protection Division, Office of the Attorney General |
| State criminal records | Ind. Code § 10-13-3 | Governs Limited Criminal History releases and sets the statutory request fees. | Indiana State Police |
| Fair chance / ban the box | Executive Order 17-15; Ind. Code § 22-2-17 (SB 312, 2017) | Delays the conviction question at state executive-branch agencies; blocks local rules for private employers. | State Personnel Department; state courts |
| Sealed and expunged records | Ind. Code § 35-38-9; § 35-38-9-10 | Expunges eligible records, then bars employers from discriminating because of them. | Trial courts, supported by the Office of Court Services |
| Lookback limits | No state cap; FCRA, 15 U.S.C. § 1681c; Ind. Code § 24-4-18-7 | Bars reporting non-convictions older than seven years unless the job pays $75,000 or more; requires current data. | FTC and CFPB; Office of the Attorney General |
| Credit reports | No state restriction; FCRA | Requires FCRA consent and adverse action steps for employment credit checks. | FTC and CFPB |
| Salary history | No state law | Indiana does not ban salary history questions, and cities cannot create a ban for private employers. | Not applicable |
| Drug and marijuana testing | No general statute | Marijuana remains illegal; employers test under their own written policy. | Not applicable |
| Application questions | Title VII, ADEA, ADA, INA (federal); Ind. Code § 35-38-9-10 | Bars pre-offer questions about protected traits; requires criminal-history questions to exclude expunged records. | EEOC and U.S. Department of Justice; Indiana trial courts |
| E-Verify | Ind. Code § 22-5-1.7; Form I-9, 8 C.F.R. § 274a.2 | Requires E-Verify for state agencies, political subdivisions, and public contractors; voluntary for private employers. | Indiana state agencies; USCIS |
| Social media | No state statute | Indiana has no password-privacy law for applicants. | Not applicable |
| Civil rights enforcement | Ind. Code § 22-9-1 | Bans employment discrimination at employers with six or more workers. | Indiana Civil Rights Commission (ICRC) |
| Convictions and licensing | Ind. Code § 25-1-1.1 | Sets when a conviction may cost someone a professional license. | Professional Licensing Agency (IPLA) |
| School employees | Ind. Code § 20-26-2-1.5 and § 20-26-5-10 | Defines and requires the expanded criminal history check for school staff. | Department of Education (IDOE) |
| Home health and personal services | Ind. Code § 16-27-2 | Requires a national or expanded check within three business days of service. | Department of Health (IDOH) |
| Driving records | Ind. Code § 9-14-13; Driver’s Privacy Protection Act, 18 U.S.C. § 2721 | Controls who may receive driver information and for which permissible uses. | Bureau of Motor Vehicles (BMV) |
Citations reflect the Indiana Code as published in 2026. Always confirm the current text before you rely on it.
How the FCRA Applies to Indiana Employers
Federal process rules carry most of the litigation risk in Indiana. Every employer that orders a report from a screening company must follow the Fair Credit Reporting Act.
The Federal Trade Commission and the Consumer Financial Protection Bureau enforce it. Follow these four steps on every consumer report, every time.
Clear Disclosure
Hand the applicant a clear, written notice that you may obtain a consumer report. Keep that document by itself, with no liability waiver or state-law notices on the same page.
Written Authorization
Collect a signed authorization before you order anything. Electronic signatures are fine, and you should retain the record for the life of the file.
Pre-Adverse Action
Before you decide, send a copy of the report and the CFPB Summary of Rights. Then wait a reasonable period, commonly five business days, so the applicant can dispute an error.
Adverse Action Notice
State that you took adverse action. Name the screening company, confirm it did not make the decision, and include the dispute and free-file rights.
Step four contains the single most litigated omission in employment screening. Write it into your template so nobody has to remember it.
Where Indiana Criminal Records Come From
The Indiana State Police maintains the state repository under Ind. Code § 10-13-3. Its Limited Criminal History report covers Indiana felony and misdemeanor arrests only.
Notably, the agency warns that completeness depends on county participation. The report also excludes other states entirely.
Cornell’s Criminal Justice and Employment Initiative explains the same limitation for applicants. Because of those gaps, most employers pair a statewide search with county court searches.
Real-Time Court Data Instead of a Static Extract
Our Indiana real-time statewide criminal search returns live court index data rather than a database extract. A researcher verifies every hit before it reaches your report.
For the counties where your applicant actually lived and worked, add a county criminal court search. That search costs $18 plus any court fees.
The Criminal History Providers Act
Ind. Code § 24-4-18 tells a screening company what it may never put in an Indiana report. It binds the vendor rather than the employer, yet you inherit the fallout when a vendor gets it wrong.
Ind. Code § 24-4-18-8 treats a violation as a deceptive act under Indiana’s consumer protection law. The Attorney General’s Consumer Protection Division enforces it, and the FCRA rights survive alongside it.
How Far Back an Indiana Background Check Can Go
Indiana sets no statewide lookback cap on convictions. Federal law fills the gap through 15 U.S.C. § 1681c, and one Indiana currency rule adds a twist.
Arrests and Non-Convictions (Federal)
A screening company cannot report arrests or dismissed charges older than seven years under § 1681c(a).
Criminal Convictions (Federal)
Convictions carry no federal or Indiana time limit, so a report may reach back decades when the record stays public.
Salary Exemption (Federal)
The seven-year limit lifts when the job is expected to pay $75,000 or more per year.
Record Currency (Indiana)
Under Ind. Code § 24-4-18-7, a report must reflect material record changes filed 60 days or more before delivery.
The currency rule is the one almost everyone misses. A dismissal, a reversal, or a sentence modification must appear once it has been on file for 60 days, so stale database hits create real liability in Indiana.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Expunged, Restricted, and Arrest Records in Indiana
Sealed, Expunged, and Set-Aside Records
Indiana runs one of the broader expungement systems in the country. Ind. Code § 35-38-9, the Second Chance Law, lets people clear arrests, misdemeanors, and many felonies after set waiting periods.
Indiana has no automatic sealing of convictions. Conviction expungement is by petition, trial courts handle every petition, and most people get one petition in a lifetime.
| Record Type | Statute | Waiting Period | Key Limits |
|---|---|---|---|
| Dismissed charges or acquittal (charged after June 30, 2022) | § 35-38-9-1(b) | None; the court orders expungement immediately | Automatic, without a petition |
| Arrest with no charges filed (after June 30, 2022) | § 35-38-9-1(c) | One year after the arrest | Automatic, without a petition |
| Other arrests without conviction | § 35-38-9-1 | One year after the arrest date | By petition |
| Misdemeanor conviction | § 35-38-9 | Generally five years after conviction | By petition |
| Level 6 or Class D felony | § 35-38-9 | Eight years after conviction | By petition |
| More serious felonies | § 35-38-9 | Eight to ten years | The most serious need the prosecutor’s written consent |
The Employer Rule You Cannot Ignore
Ind. Code § 35-38-9-10 makes it unlawful to refuse to employ, or otherwise discriminate against, a person because of an expunged or sealed conviction or arrest. The applicant may also treat the record as if it never occurred.
A violation is a Class C infraction, with a judgment of up to $500 under Ind. Code § 34-28-5-4. The expunging court may also punish the employer for contempt and grant injunctive relief.
Use this exact application wording: “Have you ever been arrested for or convicted of a crime that has not been expunged by a court?” Adopt that sentence verbatim, then train recruiters never to probe further when an applicant answers no.
The Collateral Consequences Resource Center and the Indiana Office of Court Services both publish detailed walkthroughs of the process.
What a Screening Report May Never Contain
Ind. Code § 24-4-18-6 bars four categories. First, any record a court has ordered expunged, removed, or marked as expunged. Second, records a court has restricted from public disclosure.
Third, a Class D or Level 6 felony that a court converted to a Class A misdemeanor may not appear as a felony. Fourth, a provider may not knowingly deliver information it knows to be wrong, so identity verification matters enormously.
Arrests and Non-Convictions
Indiana places no state restriction on arrest records beyond the federal seven-year reporting limit on non-convictions. However, an arrest alone does not prove conduct.
Always confirm the final disposition before you act. Remember too that recent dismissals and acquittals are now expunged automatically, so a compliant report should not show them.
Ban the Box in Indiana: Preempted Statewide
Indiana has no ban-the-box law for private employers. In 2017 it became the first state to forbid its own cities and counties from passing one.
Senate Enrolled Act 312 created Ind. Code § 22-2-17, effective July 1, 2017.
The language is direct. A political subdivision may not stop an employer from asking about criminal history at the initial application, nor from using that history later.
Employment lawyers at Ogletree Deakins flagged the change when it passed, and SHRM covered the preemption the same year. Indiana requires no individualized assessment, notice, or waiting period before you act on a record.
State Executive-Branch Agencies: Executive Order 17-15
Governor Eric Holcomb signed Executive Order 17-15 on June 29, 2017. State executive-branch agencies ask about criminal history only after the initial application.
The order covers state executive-branch jobs only, and the State Personnel Department administers it. Private employers keep the question if they want it.
Indianapolis: City Contractors Only
Indianapolis adopted its own criminal-history rule, but SB 312 stripped it of any reach over private employers. Today the rule reaches only city contractors with contracts of $50,000 or more.
If you hold or bid on an Indianapolis contract at that level, review the city’s contracting terms before you set your application and screening timing.
A Quiet Protection for Employers
Most guides skip Ind. Code § 22-2-17-4, which matters in litigation. A plaintiff generally may not introduce an employee’s criminal history against you unless the record bears a direct relationship to the claim.
The same bar applies to sealed, vacated, pardoned, or expunged matters, and to arrests that never became convictions. Therefore, screening thoughtfully also narrows your negligent hiring exposure.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Federal Contractors
Federal contractors follow the Fair Chance to Compete for Jobs Act of 2019, 41 U.S.C. § 4714. That law delays conviction questions until after a conditional offer for positions related to work under covered federal contracts.
Watch your multistate forms. Indiana permits the conviction question, but many neighboring states do not, so keep a separate Indiana application or drop the question entirely.
What an Indiana Job Application May Ask
Indiana has no statute that lists forbidden pre-employment inquiries. The one state rule is Ind. Code § 35-38-9-10, which requires any criminal-history question to exclude expunged records.
Beyond that, federal law decides which questions an Indiana application may ask. The Indiana Civil Rights Law, Ind. Code § 22-9-1, bars discrimination on the same protected grounds at employers with six or more workers.
Sex, Marital Status, Religion, and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.
The EEOC treats questions about race, sex, religion, marital status, children, or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel, and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants.
Your screening company still needs the date of birth to match Indiana court records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health, and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims, or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin, and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status, or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”
EEO self-identification is different. Collect race, ethnicity, sex, veteran, and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
Employment Credit Reports
Indiana places no limit on employment credit checks. Therefore, the FCRA consent and adverse action rules set the boundaries.
Furthermore, tie credit checks to financial or fiduciary duties. That practice lowers disparate-impact risk under Title VII and the Indiana Civil Rights Law.
Salary History and Pay Transparency
Indiana has no salary history ban and no pay transparency statute. Local ordinances cannot create one for private employers either.
Drug and Marijuana Testing
No general statute governs private employer drug testing in Indiana. Employers may test applicants for THC and other drugs under their own clear, consistent written policy.
Marijuana remains illegal in Indiana, so no off-duty or medical use protection exists for employees. Safety-sensitive roles may be tested without restriction.
Positions requiring a commercial driver’s license follow 49 C.F.R. Part 40 and Part 382. Those rules require pre-employment DOT testing, including marijuana, plus FMCSA Clearinghouse queries before hire and annually.
Motor Vehicle Records
Indiana controls driver data through Ind. Code § 9-14-13. The chapter bars the Bureau of Motor Vehicles from releasing Social Security numbers, license numbers, and other personal information except for listed permissible uses.
Those uses track the federal Driver’s Privacy Protection Act, which allows employment verification for commercial drivers. Employers order Indiana records through the Indiana BMV driver record service.
Always collect written consent first, then keep the permissible use documented in the file. Additionally, review the abstract against the job description before you act on it.
BCS Background Screening LLC pulls these reports through its motor vehicle records search for delivery, trucking, sales, and CDL positions.
E-Verify and Form I-9
Under Ind. Code § 22-5-1.7, state agencies, political subdivisions, and public contractors must use E-Verify. Private employers may enroll voluntarily, and federal contractors with the FAR clause at 48 C.F.R. 52.222-54 must.
Every employer must still complete Form I-9 for each new hire under 8 C.F.R. § 274a.2. Finish Section 1 by the first day of work and Section 2 within three business days.
Social Media and Passwords
Indiana has no social media password-privacy statute. Even so, never request an applicant’s login credentials, and keep any public-profile review job-related and consistent.
Automated and AI Hiring Tools
Indiana has no statute regulating automated or AI hiring tools. Title VII, the ADA, and the ADEA still apply to any screening tool that creates a disparate impact.
Discrimination Still Applies
The Indiana Civil Rights Commission enforces Ind. Code § 22-9-1 at employers with six or more workers. Protected categories include race, religion, color, sex, disability, national origin, ancestry, and veteran status.
Consequently, a screening policy that filters out one group disproportionately can draw a state charge as well as a federal one.
Indiana Industry Rules That Set the Minimum Check
Several Indiana statutes dictate the search itself. If your organization falls into one of these categories, the statute overrides your internal policy.
Schools and School Contractors
Ind. Code § 20-26-2-1.5 defines an expanded criminal history check. It requires identity verification, all associated names, county searches where the person lived, federal district court records, a multistate database, and sex offender registries.
Alternatively, a school may use a national check plus registry searches. The Indiana Department of Education administers the requirement and publishes an FAQ on it.
Home Health and Personal Services
Ind. Code § 16-27-2-4 gives agencies three business days. Within that window, the agency must apply for a national or expanded check on any worker entering a patient’s home.
The Indiana Department of Health administers the chapter and publishes guidance for operators. Roles paid with federal healthcare funds also need an HHS-OIG exclusion check before hire and monthly after.
Licensed Professions
Ind. Code § 25-1-1.1-4 requires state and national criminal history checks for many initial license applicants, at the applicant’s expense. Boards may act on listed convictions after an in-person hearing.
The Indiana Professional Licensing Agency coordinates the process.
Child Services Roles
Positions touching child welfare frequently require fingerprint-based national checks plus a child protection index check. Confirm the requirement with the placing agency before you hire.
Commercial Drivers
Motor carriers must pull an MVR from every state of licensure in the past three years. They also follow FMCSA previous-employer rules under 49 C.F.R. § 391.23 and run Clearinghouse queries before hire and annually.
Healthcare Employers
Screen against the HHS-OIG List of Excluded Individuals and Entities and SAM.gov for any role paid with federal healthcare program funds. Employing an excluded person exposes the provider to civil monetary penalties.
A FACIS® report covers these sanction sources in one search.
What Changed for Indiana Employers in 2026
Indiana passed no new screening statute in 2026. However, three federal changes affect how Indiana employers screen this year, and the automatic expungement rules from 2022 keep changing what a report may show.
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers and other safety-sensitive employees for marijuana under Part 40. Marijuana remains illegal in Indiana, so no state protection applies to any other role either.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025. OFCCP then rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026.
The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29. Race- and sex-based affirmative-action plan and recordkeeping duties under EO 11246 no longer apply.
What to do: Keep your Title VII, Section 503 (disability), and VEVRAA (protected veterans) nondiscrimination, affirmative-action, and recordkeeping programs. Those obligations for covered contractors remain in force.
Source: Executive Order 14173, Jan. 21, 2025; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice
Indiana Employment Screening Services
BCS Background Screening LLC builds Indiana packages around court-verified data. Add or remove any search at any time.
Indiana Real-Time Statewide Search
Live court index searching across Indiana jurisdictions, with researcher verification on every hit.
County Criminal Court Search
Direct searches at the Indiana circuit and superior courts where your applicant actually lived and worked. Price: $18 plus court fees.
SSN Trace and Address History
Identifies names, aliases, and address history so you search the right Indiana counties and states.
Nationwide Criminal Database
A broad multistate sweep used as a pointer file, then confirmed at the source court before reporting.
Federal Criminal Search
United States District Court records for fraud, trafficking, and other offenses that never reach state court.
Motor Vehicle Records
Driving histories for delivery, trucking, sales, and CDL positions, ordered under a documented permissible use.
FACIS® Healthcare Sanctions
HHS-OIG exclusion, SAM.gov, and state licensing sanction data for home health and other healthcare roles.
Verifications and Add-ons
Adds employment, education, and license verification to any Indiana package.
Indiana Employer Compliance Checklist
- Use the statutory application wording from Ind. Code § 35-38-9-10, then stop asking about expunged matters.
- Remove sex, marital status, religion, citizenship, and photograph questions from the application.
- Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
- Keep the FCRA disclosure on its own page, free of waivers and extra notices, and collect written authorization first.
- Send the pre-adverse action packet, then allow a reasonable dispute window before the final notice.
- Confirm your vendor screens out expunged and court-restricted records under Ind. Code § 24-4-18-6.
- Confirm your vendor meets the 60-day currency requirement in Ind. Code § 24-4-18-7.
- Document a permissible use before you order any Indiana driving record.
- Apply an individualized assessment when an old conviction surfaces.
- Retain every form, report, and letter for at least one year under 29 C.F.R. § 1602.14.
Indiana Employment Screening Law FAQs
Does Indiana have its own version of the Fair Credit Reporting Act?
Not a full one. Ind. Code § 24-4-18, the Criminal History Providers act, is the closest state equivalent, and it regulates companies that compile criminal history reports about Indiana residents.
It adds four content restrictions and a data currency rule. Ind. Code § 24-4-18-8 makes a violation a deceptive act, which the Attorney General’s Consumer Protection Division enforces.
How far back can an Indiana employment background check go?
Indiana sets no state lookback cap on convictions, so reportable convictions can be decades old. The seven-year limit comes from the federal FCRA at 15 U.S.C. § 1681c and applies to non-convictions.
That limit disappears when the position pays $75,000 or more per year. Separately, Ind. Code § 24-4-18-7 requires reports to reflect material record changes filed 60 or more days before delivery.
Does Indiana have a ban-the-box law for private employers?
No, and cities cannot create one. Ind. Code § 22-2-17, effective July 1, 2017, prohibits any political subdivision from restricting an employer’s criminal history questions on an initial application.
Executive Order 17-15, administered by the State Personnel Department, lets state executive-branch agencies ask only after the initial application. Indianapolis’s rule reaches only city contractors with $50,000 or more in contracts.
Can an Indiana employer ask about or use an expunged record?
No. Ind. Code § 35-38-9-10 makes it unlawful to refuse to employ someone because of an expunged or sealed conviction or arrest. A violation is a Class C infraction with a judgment of up to $500 under Ind. Code § 34-28-5-4.
The expunging court may also hold the employer in contempt or grant injunctive relief. The only permitted question is whether the applicant has been arrested for or convicted of a crime that has not been expunged by a court.
What records can a background screening company never report in Indiana?
Ind. Code § 24-4-18-6 bars four categories: expunged records, records a court restricted from public disclosure, a Class D or Level 6 felony converted to a Class A misdemeanor, and information the provider knows is inaccurate.
The Attorney General’s Consumer Protection Division enforces the chapter. Narrow exceptions exist where another law requires disclosure or where a government unit needs the data for a public bond issuance.
What may an Indiana employer ask on a job application?
Indiana has no pre-employment inquiry statute, so federal law controls. Title VII, the ADEA, the ADA, and the INA bar pre-offer questions about sex, religion, age, disability, and citizenship status, enforced by the EEOC and the Department of Justice.
Any criminal-history question must exclude expunged records under Ind. Code § 35-38-9-10. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application.
Can Indiana employers run credit checks or drug tests?
Yes to both. Indiana does not restrict employment credit reports, so the FCRA governs the process. Indiana also has no general drug testing statute, and marijuana remains illegal, so no off-duty use protection applies.
Discrimination limits still bite. The Indiana Civil Rights Commission enforces Ind. Code § 22-9-1 at employers with six or more employees.
What background check do Indiana schools and home health agencies require?
Schools must obtain an expanded criminal history check, defined at Ind. Code § 20-26-2-1.5 and required by § 20-26-5-10. The Indiana Department of Education administers it.
Home health and personal services agencies work under Ind. Code § 16-27-2-4, which gives them three business days to apply for a national or expanded check. The Indiana Department of Health administers that chapter.
Start Screening Indiana Applicants Today
BCS Background Screening LLC runs FCRA-compliant employment screening for Indiana employers of every size. Open an account today, then order your first search the same day.
Every user account also includes optional Multiple Authentication Factor (MAF) for added login security.
This page provides general information about Indiana background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.