Employers in Indiana commonly use background checks as part of the hiring process to thoroughly review a candidate’s history, ensuring they are a good fit for the role. These checks provide valuable insights into a candidate’s criminal history, education, employment background, driving records, and other relevant information, helping employers make informed hiring decisions and minimize risks.

In Indiana, background checks offer employers a comprehensive view of a candidate’s past, covering everything from criminal and driving records to education and employment verifications. However, navigating the complex landscape of federal, state, and local background check laws can be challenging. This guide aims to help employers understand Indiana background checks, including their components, procedures, and the fair hiring laws and regulations that apply in the state.

What Is an Indiana Background Check?

An Indiana background check investigates a person’s history, including criminal records, motor vehicle reports, education, and employment history. These checks are typically conducted by employers and organizations to evaluate candidates’ qualifications or verify details provided in resumes and job applications. Additionally, background checks can offer employers valuable insights, such as professional references, to support their hiring decisions.

The information gathered from background checks can help Indiana employers reduce risks, avoid liability claims, protect company assets, and promote safer work environments. In some cases, Indiana background checks are required by law. For instance, childcare workers must undergo both federal and state criminal background checks, while school bus drivers in Indiana are required to pass criminal background and driving history checks, in addition to drug testing.

Here are some common types of background checks conducted in Indiana:

• Criminal background checks: These reveal an individual’s criminal history, including felony and misdemeanor convictions.
• Driving record checks: These review a candidate’s driving history, including citations, violations, and license suspensions, making them important for positions involving driving responsibilities.
• Education verification: This confirms a candidate’s academic qualifications, such as degrees earned, schools attended, and graduation dates, which are often required for specific positions.
• Employment verification: This checks a candidate’s previous job titles, employers, and the duration of employment.
• Credit checks: These are used to assess a candidate’s financial responsibility by reviewing their credit report, including payment histories, collections, and bankruptcies. Credit checks are typically conducted for positions with financial responsibilities, where legally allowed.
• Drug testing: These screenings detect the presence of controlled substances, including prescription and illegal drugs, and are commonly required for roles related to safety or as mandated by law, such as in commercial trucking.

How Long Does a Background Check Take in Indiana?

The time required to complete a background check in Indiana can vary based on the type of check, the search scope, and the agency conducting it. A basic criminal background check, for example, may be completed quickly online or by mail, revealing felonies and Class A misdemeanors. However, more comprehensive background checks, such as fingerprint-based criminal searches conducted by the Indiana State Police, may take longer.

Employers who conduct background checks themselves may need to gather information from various public record sources, including the Indiana Bureau of Motor Vehicles (BMV), county clerks, and the Indiana State Police. In contrast, non-public records like employment verification and reference checks often require direct communication with previous employers, which can be time-consuming.

Partnering with a Consumer Reporting Agency (CRA) like Identify Background Checks can streamline the process. These agencies access multiple public records and databases, including national courthouses, speeding up the turnaround time for background checks. Offering a range of screenings, such as criminal history, driving records, and even international checks, they simplify the process by handling multiple background checks simultaneously.

How Far Back Does an Indiana Background Check Go?

The depth of an Indiana background check depends on several factors, including the type of screening, the search scope, and the laws governing it. For criminal history, Indiana law maintains a person’s record until their death or until they reach the age of 99, assuming they remain crime-free after turning 84.

For employers using CRAs like Identify Background Checks, compliance with the federal Fair Credit Reporting Act (FCRA) is necessary. Under the FCRA, non-conviction records, civil judgments, and paid tax liens older than seven years are excluded from a criminal background report, and bankruptcies older than 10 years are not disclosed. However, these limitations may not apply if the candidate’s salary exceeds $75,000 or when verifying education and employment history.

Indiana Background Check Laws

Indiana has various laws regulating background checks, including a statewide ban-the-box law for public-sector employers and several statutes that protect candidates from discrimination during the hiring process. To minimize legal risks, Indiana employers often follow the most stringent applicable laws.

• Ban-the-Box Law (Executive Order 17-15): This law applies to public-sector employers in Indiana’s Executive Branch. It prohibits agencies from asking about a candidate’s criminal history on initial job applications unless a conviction disqualifies them from the role.

• Indiana Code Title 10: Employers can request a candidate’s “limited criminal history” from the state’s criminal record repository, including misdemeanors and felonies prosecuted in Indiana. These cases must have a disposition unless they are under one year old. This report can only be obtained directly from law enforcement, not through third-party background check providers.

• Indiana Code §24-4-18: This law ensures accurate reporting of criminal records by prohibiting background check providers from including outdated or expunged records.

• Senate Bill 312: This law prevents counties, cities, and towns from enacting ban-the-box laws more restrictive than state or federal law, making it easier for employers to comply statewide.

• Fair Credit Reporting Act (FCRA): Employers using CRAs for background checks must comply with the FCRA, which includes providing written notice of the check, obtaining the candidate’s consent, and following the adverse action process if information from the check influences a hiring decision.

Employers in Indiana must stay informed about these laws and ensure their hiring practices are compliant with both state and federal regulations.