2016 Indiana Code TITLE 24. TRADE REGULATION ARTICLE 4. REGULATED BUSINESSES CHAPTER 18. CRIMINAL HISTORY PROVIDERS
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IC 24-4-18
Chapter 18. Criminal History Providers
IC 24-4-18-1
"Criminal history information"
Sec. 1. (a) As used in this chapter, "criminal history information"
means information:
(1) concerning a criminal conviction in Indiana; and
(2) available in records kept by a clerk of a circuit, superior,
city, or town court with jurisdiction in Indiana.
(b) The term consists of the following:
(1) Identifiable descriptions and notations of arrests,
indictments, informations, or other formal criminal charges.
(2) Information, including a photograph, regarding a sex or
violent offender (as defined in IC 11-8-8-5) obtained through
sex or violent offender registration under IC 11-8-8.
(3) Any disposition, including sentencing, and correctional
system intake, transfer, and release.
(4) A photograph of the person who is the subject of the
information described in subdivisions (1) through (3).
(c) The term includes fingerprint information described in
IC 10-13-3-24(f).
As added by P.L.69-2012, SEC.1. Amended by P.L.112-2013, SEC.1.
IC 24-4-18-2
"Criminal history provider"
Sec. 2. (a) As used in this section, "criminal history provider"
means a person or an organization that compiles a criminal history
report and either uses the report or provides the report to a person or
an organization other than a criminal justice agency, a law
enforcement agency, or another criminal history provider.
(b) The term does not include the following:
(1) A criminal justice agency.
(2) A law enforcement agency.
(3) Any:
(A) person connected with or employed by:
(i) a newspaper or other periodical issued at regular
intervals and having a general circulation; or
(ii) a recognized press association or wire service;
as a bona fide owner, editorial or reportorial employee, who
receives income from legitimate gathering, writing, editing,
and interpretation of news;
(B) person connected with a licensed radio or television
station as an owner or official, or as an editorial or
reportorial employee who receives income from legitimate
gathering, writing, editing, interpreting, announcing, or
broadcasting of news; or
(C) other person who gathers, records, compiles, or
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disseminates:
(i) criminal history information; or
(ii) criminal history reports;
solely for journalistic, academic, governmental, or legal
research purposes.
(4) The clerk of a circuit, superior, city, or town court.
As added by P.L.69-2012, SEC.1. Amended by P.L.112-2013, SEC.2.
IC 24-4-18-3
"Criminal history report"
Sec. 3. (a) As used in this section, "criminal history report" means
criminal history information that has been compiled primarily for the
purposes of evaluating a particular person's eligibility for:
(1) employment in Indiana;
(2) housing in Indiana;
(3) a license, permit, or occupational certification issued under
state law; or
(4) insurance, credit, or another financial service, if the
insurance, credit, or financial service is to be provided to a
person residing in Indiana.
(b) The term does not include information compiled primarily for
the purpose of journalistic, academic, governmental, or legal
research.
(c) The term includes information described in subsection (a) and
not excluded under subsection (b), regardless of the geographical
location of the person who compiled the information.
As added by P.L.69-2012, SEC.1. Amended by P.L.112-2013, SEC.3.
IC 24-4-18-4
"Criminal justice agency"
Sec. 4. As used in this section, "criminal justice agency" has the
meaning set forth in IC 10-13-3-6.
As added by P.L.69-2012, SEC.1.
IC 24-4-18-5
"Law enforcement agency"
Sec. 5. As used in this section, "law enforcement agency" has the
meaning set forth in IC 10-13-3-10.
As added by P.L.69-2012, SEC.1.
IC 24-4-18-6
Providing criminal history information; prohibited information;
exceptions
Sec. 6. (a) Except as provided in subsection (b), a criminal history
provider may not knowingly provide a criminal history report that
provides criminal history information relating to the following:
(1) A record that has been expunged by:
(A) marking the record as expunged; or
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(B) removing the record from public access.
(2) A record that is restricted by a court or the rules of a court
and is marked as restricted from public disclosure or removed
from public access.
(3) A record indicating a conviction of a Class D felony (for a
crime committed before July 1, 2014) or a Level 6 felony (for
a crime committed after June 30, 2014) if the Class D felony or
Level 6 felony conviction:
(A) has been entered as a Class A misdemeanor conviction;
or
(B) has been converted to a Class A misdemeanor
conviction.
(4) A record that the criminal history provider knows is
inaccurate.
(b) A criminal history provider may provide information
described in subsection (a)(1) through (a)(3) if the person requesting
the criminal history report is:
(1) required by state or federal law to obtain the information; or
(2) the state or a political subdivision, and the information will
be used solely in connection with the issuance of a public bond.
As added by P.L.69-2012, SEC.1. Amended by P.L.112-2013, SEC.4;
P.L.158-2013, SEC.273; P.L.168-2014, SEC.35.
IC 24-4-18-7
Criminal history data updates
Sec. 7. (a) A criminal history provider may not knowingly include
criminal history information in a criminal history report if the
criminal history information fails to reflect material changes to the
official record occurring sixty (60) days or more before the date the
criminal history report is delivered.
(b) A criminal history provider that provides a criminal history
report and fails to reflect material criminal history information does
not violate this section if the material criminal history information
was not contained in the official record at least sixty (60) days before
the date the criminal history report is delivered.
As added by P.L.69-2012, SEC.1. Amended by P.L.112-2013, SEC.5.
IC 24-4-18-8
Violation is deceptive act; application of the federal Fair Credit
Reporting Act
Sec. 8. (a) A violation of section 6 or 7 of this chapter is a
deceptive act that is actionable under IC 24-5-0.5-4.
(b) This section does not prohibit an individual from bringing an
action on the individual's own behalf under the federal Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.).
As added by P.L.69-2012, SEC.1. Amended by P.L.13-2013, SEC.64;
P.L.112-2013, SEC.6.
Indiana Code 2016
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