Background check basics for HR in Indiana.
Indiana background checks: 7 years (fcra default; expanded for higher-pay roles), disclosure and authorization mechanics, and the state statutes that layer on top of FCRA.
What changes in Indiana
- Report lookback: 7 years (FCRA default; expanded for higher-pay roles). IC §24-4-18 generally limits criminal-history reporting on convictions older than seven years; an exception applies for positions paying $75,000+.
- Ban-the-box: Public sector. HEA 1033 (2017) preempted local private-employer ordinances; state agencies removed the conviction question by executive order.
- Salary history: No restriction. No statewide salary-history ban.
"Review our FCRA disclosure and authorization form for standalone compliance. Focus on Indiana."
Ask this in Ask HR AIPractitioner steps for Indiana
- Step 1. Use the Indiana report lookback correctly: 7 years (FCRA default; expanded for higher-pay roles).
- Step 2. Follow the FCRA §1681b(b)(2)(A) disclosure and authorization rules and layer any IN-specific consent language required.
- Step 3. Respect the Indiana ban-the-box trigger (Public sector) before running any criminal search.
- Step 4. Check IN statutes for expungement, seal, and non-conviction reporting rules and configure the CRA to suppress those records.
Applicable Indiana statutes and references
- IC §24-4-18
- HEA 1033 (2017)
- 15 U.S.C. §1681 et seq. (federal FCRA)
Frequently asked (federal + Indiana overlay)
Do I need a separate FCRA disclosure?
Yes. The FCRA requires a clear and conspicuous standalone disclosure — not buried in an employment application — before obtaining a consumer report.
Can I include a liability release in the disclosure?
No. Courts have repeatedly held that adding a liability release voids the disclosure and creates statutory FCRA liability.
How current does authorization need to be?
One valid, written authorization can support future reports if it clearly discloses that possibility; otherwise, get a new authorization each time.
Related Indiana topics
- FCRA adverse action in Indiana
- Ban-the-Box and Fair Chance hiring in Indiana
- Wage and hour in Indiana
- Leaves and accommodations in Indiana
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Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.