Effective July 1, Indiana has a new rule on what information “criminal history providers” can report in employment background checks.
This latest version of Ind. Code § 24-4-18-6 makes a technical correction to the law and clears up a few things. Unlike previous versions of the statute, the new law allows reporting of non-conviction and pending records as long as the information is within the 7 year window required under the Fair Credit Reporting Act.
As it now reads, the law limits reporting of expunged records and sealed records — records that any compliant screening company wouldn’t give you anyway. It also prohibits reporting certain classes of felonies that have been reduced or converted to a misdemeanor, and creates a statutory cause of action for the intentional or “knowing” act of reporting an inaccurate record. (more…)