Background Check Error Lawsuits in Indiana

Indiana regulates background check companies more directly than many states. Indiana Code 24-4-18 governs "criminal history providers." Under section 24-4-18-6, a criminal history provider may not knowingly include in a report records that are marked expunged, records a court has restricted from public disclosure, or records it knows are inaccurate. The same section bars reporting a felony conviction that was entered or later converted to a Class A misdemeanor. There are narrow exceptions, such as when the requester is required by law to obtain the information.

Indiana's expungement law protects people after their records are cleared. Under Indiana Code 35-38-9-10, it is unlawful to refuse to hire someone, or otherwise discriminate against them, because of an expunged or sealed conviction or arrest record. Application questions about criminal history must exclude expunged records. The statute suggests wording such as "Have you ever been arrested for or convicted of a crime that has not been expunged by a court?" A person who is discriminated against can seek relief through the court.

Indiana does not have a statewide ban-the-box law for private employers. A state law, Indiana Code 22-2-17, bars cities and counties from stopping employers from asking about criminal history on an initial application. NELP reports that Indiana adopted a fair-chance policy for state government hiring in 2017. Indiana has no separate tenant screening statute, so tenant reports are governed by the FCRA and the criminal history provider rules.

Where Indiana FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Indiana are heard in 2 federal districts:

Northern District of IndianaCourthouses: Fort Wayne, Hammond, South Bend.Filed with local or cooperating counsel
Southern District of IndianaCourthouses: Evansville, Indianapolis, New Albany, Terre Haute.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

Indiana laws that add to the FCRA

Criminal history providers: prohibited information (Ind. Code § 24-4-18-6)
A criminal history provider may not knowingly report expunged records, records restricted by a court, felonies entered or converted as Class A misdemeanors, or records it knows are inaccurate. Limited exceptions apply when the requester is required by law to get the information. Read it
Discrimination based on expunged or sealed records (Ind. Code § 35-38-9-10)
It is unlawful to refuse to employ, license or admit someone, or otherwise discriminate, because of an expunged or sealed record. Application questions must exclude expunged convictions and arrests. Read it
Limits on local ban-the-box rules (Ind. Code § 22-2-17-3)
Unless federal or state law provides otherwise, a city or county may not prohibit employers from asking about an applicant's criminal history at the initial application stage, or from using criminal history to the extent other law allows. Read it

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

Can a background check in Indiana show a conviction that was expunged?

Indiana law bars criminal history providers from knowingly reporting expunged records, with narrow exceptions. If an expunged case shows up, you can dispute it with the background check company. Reporting it may violate Indiana law and may also be inaccurate under the federal FCRA.

Do I have to tell an Indiana employer about an expunged conviction?

Indiana law says application questions about criminal history must exclude expunged convictions and arrests. It is also unlawful to refuse to hire someone because of an expunged or sealed record, though some law enforcement employers are treated differently.

Is there a ban-the-box law in Indiana?

Not for private employers. Indiana law prevents cities and counties from barring private employers from asking about criminal history on an initial application. NELP reports a state-government fair-chance hiring policy adopted in 2017.

How long do I have to file an FCRA lawsuit in Indiana?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.