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Conducting Criminal Record Checks in Indiana

Filed under Office & HR.

Employers in Indiana are permitted or required to conduct criminal record checks in accordance with these rules.

In Indiana, background checks for employment are required for:

  • child care facilities
  • child care ministries
  • home health care agencies
  • nurse aides
  • unlicensed employees of health care facilities
  • private detectives and their personnel

Effective July 1, 2012, an employer may not ask an employee, contract employee, or applicant whether the person's criminal records have been sealed or restricted.

Effective July 1, 2013, individuals who are convicted of misdemeanors or class D felonies can request to have their criminal records sealed after five years, or eight years in the case of a class D felony. Certain conditions apply, and individuals convicted of sexual and violent crimes are not eligible to have their records sealed.

Home health care agencies are prohibited from employing anyone to provide services in a patient's or client's temporary or permanent residence if that person's limited criminal history indicates that the person has been convicted of:

  • rape
  • criminal deviate conduct
  • exploitation of an endangered adult
  • failure to report battery
  • neglect or exploitation of an endangered adult
  • theft, if the conviction for theft occurred less than 10 years before the person's application date

A home health agency may not employ a person to provide services in a patient's or client's temporary or permanent residence for more than three calendar days without receipt of that person's limited criminal history, unless the Indiana central repository for criminal history information is solely responsible for failing to provide the person's limited criminal history to the home health agency within the required time.

Limited criminal history information may be used in determining whether to grant or deny a teaching license.

Private detective licensees in Indiana must furnish their employees with identification cards containing the employee's thumb print. In addition, the licensee must maintain a full set of each employee's fingerprints (both hands) on file and file a duplicate set with the Indiana State Police.

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