1. (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. (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. (2) before the acts giving rise to the civil action occurred:

      1. (A) a court order sealed the record of the criminal case;
      2. (B) the criminal conviction has been reversed or vacated;
      3. (C) the employee or former employee received a pardon for the criminal conviction; or
      4. (D) the criminal conviction has been expunged under IC 35-38-9 ; or
   3. (3) the criminal history information concerns an arrest or a charge that did not result in a criminal conviction.

2. (b) This section does not supersede any federal or state law requirement to:

   1. (1) conduct a criminal history information background investigation; or
   2. (2) consider criminal history information in hiring for particular types of employment.

As added by P.L.210-2017, SEC.1.