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IN SB0312
Bill
AI Summary
Senate Enrolled Act No. 312 Summary
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Creates new Chapter 17 in Indiana Code (IC 22-2-17) governing use of criminal history information in employment decisions, effective July 1, 2017.
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Prohibits political subdivisions from preventing employers from obtaining, using, or inquiring about criminal history information during the hiring process to the extent allowed by federal or state law.
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Prevents criminal history information from being introduced as evidence against employers in civil actions based on employee conduct if the criminal history does not directly relate to the facts of the case.
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Excludes from evidence sealed records, reversed or vacated convictions, pardoned convictions, expunged convictions under IC 35-38-9, and arrests or charges that did not result in conviction.
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Does not override federal or state law requirements to conduct background investigations or consider criminal history for specific types of employment.
Legislative Description
Use of criminal history information in hiring. Provides that a political subdivision may not prohibit an employer from obtaining or using criminal history information during the hiring process to the extent allowed by federal or state law, rules, or regulations. Provides that a political subdivision may not prohibit an employer, at the time an individual makes an initial application for employment, from making an inquiry regarding the individual's criminal history information or requiring the individual to disclose criminal history information. Provides that criminal history information concerning an employee or former employee may not be introduced against an employer, an employer's
Last Action
Public Law 210
4/27/2017