Sec. 4. (a) Criminal history information for an employee or a former employee may not be introduced as evidence against an employer, an employer’s agents, or an employer’s employees in a civil action that is based on the conduct of the employee or the former employee if:

(1) the nature of the criminal history information of the employee or former employee does not bear a direct relationship to the facts underlying the civil action;

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Terms Used In Indiana Code 22-2-17-4

  • Arrest: Taking physical custody of a person by lawful authority.
  • Conviction: A judgement of guilt against a criminal defendant.
  • criminal history information: has the meaning set forth in IC 5-2-4-1(1). See Indiana Code 22-2-17-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) before the acts giving rise to the civil action occurred:

(A) a court order sealed the record of the criminal case;

(B) the criminal conviction has been reversed or vacated;

(C) the employee or former employee received a pardon for the criminal conviction; or

(D) the criminal conviction has been expunged under IC 35-38-9; or

(3) the criminal history information concerns an arrest or a charge that did not result in a criminal conviction.

     (b) This section does not supersede any federal or state law requirement to:

(1) conduct a criminal history information background investigation; or

(2) consider criminal history information in hiring for particular types of employment.

As added by P.L.210-2017, SEC.1.

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