2012 Indiana Code
TITLE 24. TRADE REGULATION
ARTICLE 4. REGULATED BUSINESSES
CHAPTER 18. CRIMINAL HISTORY PROVIDERS

IC 24-4-18
Chapter 18. Criminal History Providers

Effective 7-1-2013.

IC 24-4-18-1
"Criminal history information"

Effective 7-1-2013.

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 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.

IC 24-4-18-2
"Criminal history provider"

Effective 7-1-2013.

Sec. 2. (a) As used in this section, "criminal history provider" means a person or an organization that assembles criminal history reports and either uses the report or provides the report to a person or an organization other than a criminal justice agency or law enforcement agency.
(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 disseminates:
(i) criminal history information; or
(ii) criminal history reports;
solely for journalistic purposes.
As added by P.L.69-2012, SEC.1.

IC 24-4-18-3
"Criminal history report"

Effective 7-1-2013.

Sec. 3. As used in this section, "criminal history report" means criminal history information that has been compiled for the purposes of evaluating a particular person's:
(1) character; or
(2) eligibility for:
(A) employment;
(B) housing; or
(C) participation in any activity or transaction.
As added by P.L.69-2012, SEC.1.

IC 24-4-18-4
"Criminal justice agency"

Effective 7-1-2013.

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"

Effective 7-1-2013.

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

Effective 7-1-2013.

Sec. 6. (a) A criminal history provider may provide only criminal history information that relates to a conviction.
(b) A criminal history provider may not provide information relating to the following:
(1) An infraction, an arrest, or a charge that did not result in a conviction.
(2) A record that has been expunged.
(3) A record that is restricted by a court or the rules of a court.
(4) A record indicating a conviction of a Class D felony if the Class D felony conviction:
(A) has been entered as a Class A misdemeanor conviction; or
(B) has been converted to a Class A misdemeanor

conviction.
(5) A record that the criminal history provider knows is inaccurate.
As added by P.L.69-2012, SEC.1.

IC 24-4-18-7
Criminal history data updates

Effective 7-1-2013.

Sec. 7. A criminal history provider may not include criminal history data in a criminal history report if the criminal history data has not been updated to reflect changes to the official record occurring sixty (60) days or more before the date the criminal history report is delivered.
As added by P.L.69-2012, SEC.1.

IC 24-4-18-8
Violations; attorney general enforcement; civil actions

Effective 7-1-2013.

Sec. 8. (a) The attorney general may bring an action to enforce a violation of section 6 or 7 of this chapter. In addition to any injunctive or other relief, the attorney general may recover a civil penalty of:
(1) not more than one thousand dollars ($1,000) for a first violation; and
(2) not more than five thousand dollars ($5,000) for a second or subsequent violation.
(b) Any person injured by a violation of section 6 or 7 of this chapter may bring an action to recover:
(1) the greater of:
(A) actual damages, including consequential damages; or
(B) liquidated damages of five hundred dollars ($500); and
(2) court costs and reasonable attorney's fees.
As added by P.L.69-2012, SEC.1.