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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;
(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.
Cite this article: FindLaw.com - Indiana Code Title 22. Labor and Safety § 22-2-17-4 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-22-labor-and-safety/in-code-sect-22-2-17-4/
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