Sec. 27. (a) Except as provided in subsection (b), on request, a law enforcement agency shall release a limited criminal history to or allow inspection of a limited criminal history by noncriminal justice organizations or individuals only if the subject of the request:
(1) has applied for employment with a noncriminal justice organization or individual;
(2) has:
(A) applied for a license or is maintaining a license; and
(B) provided criminal history data as required by law to be provided in connection with the license;
(3) is a candidate for public office or a public official;
(4) is in the process of being apprehended by a law enforcement agency;
(5) is placed under arrest for the alleged commission of a crime;
(6) has charged that the subject's rights have been abused repeatedly by criminal justice agencies;
(7) is the subject of a judicial decision or determination with respect to the setting of bond, plea bargaining, sentencing, or probation;
(8) has volunteered services that involve contact with, care of, or supervision over a child who is being placed, matched, or monitored by a social services agency or a nonprofit corporation;
(9) is currently residing in a location designated by the department of child services (established by IC 31-25-1-1) or by a juvenile court as the out-of-home placement for a child at the time the child will reside in the location;
(10) has volunteered services at a public school (as defined in IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12) that involve contact with, care of, or supervision over a student enrolled in the school;
(11) is being investigated for welfare fraud by an investigator of the division of family resources or a county office of the division of family resources;
(12) is being sought by the parent locator service of the child support bureau of the department of child services;
(13) is or was required to register as a sex or violent offender under IC 11-8-8;
(14) has been convicted of any of the following:
(A) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age.
(B) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the victim is less than eighteen (18) years of age.
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
(E) Possession of child pornography (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
(F) Vicarious sexual gratification (IC 35-42-4-5).
(G) Child solicitation (IC 35-42-4-6).
(H) Child seduction (IC 35-42-4-7).
(I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
(J) Incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age;
(15) is identified as a possible perpetrator of child abuse or neglect in an assessment conducted by the department of child services under IC 31-33-8; or
(16) is:
(A) a parent, guardian, or custodian of a child; or
(B) an individual who is at least eighteen (18) years of age and resides in the home of the parent, guardian, or custodian;
with whom the department of child services or a county probation department has a case plan, dispositional decree, or permanency plan approved under IC 31-34 or IC 31-37 that provides for reunification following an out-of-home placement.
However, limited criminal history information obtained from the National Crime Information Center may not be released under this section except to the extent permitted by the Attorney General of the United States.
(b) A law enforcement agency shall allow inspection of a limited criminal history by and release a limited criminal history to the following noncriminal justice organizations:
(1) Federally chartered or insured banking institutions.
(2) Officials of state and local government for any of the following purposes:
(A) Employment with a state or local governmental entity.
(B) Licensing.
(3) Segments of the securities industry identified under 15 U.S.C. 78q(f)(2).
(c) Any person who knowingly or intentionally uses limited criminal history for any purpose not specified under this section commits a Class C infraction. However, the violation is a Class A misdemeanor if the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five (5) years.
[Pre-2003 Recodification Citation: 5-2-5-5.]
As added by P.L.2-2003, SEC.4. Amended by P.L.1-2005, SEC.117; P.L.234-2005, SEC.9; P.L.1-2006, SEC.171; P.L.145-2006, SEC.27; P.L.140-2006, SEC.5 and P.L.173-2006, SEC.5; P.L.1-2007, SEC.97; P.L.216-2007, SEC.5; P.L.146-2008, SEC.368; P.L.44-2009, SEC.4; P.L.153-2011, SEC.2; P.L.48-2012, SEC.7; P.L.158-2013, SEC.166; P.L.214-2013, SEC.2; P.L.13-2016, SEC.3; P.L.32-2019, SEC.17; P.L.142-2020, SEC.10.
Structure Indiana Code
Article 13. State Police Data and Information Programs
Chapter 3. Criminal History Information
10-13-3-3. "Certificated Employee"
10-13-3-5. "Criminal History Data"
10-13-3-6. "Criminal Justice Agency"
10-13-3-7.5. "Emergency Placement"
10-13-3-10. "Law Enforcement Agency"
10-13-3-11. "Limited Criminal History"
10-13-3-12. "National Criminal History Background Check"
10-13-3-12.5. "National Name Based Criminal History Record Check"
10-13-3-13. "No Contact Order"
10-13-3-14. "Noncertificated Employee"
10-13-3-15. "Protective Order"
10-13-3-16. "Qualified Entity"
10-13-3-18. "Reportable Offenses"
10-13-3-20. "School Corporation"
10-13-3-21. "Special Education Cooperative"
10-13-3-22. "Unidentified Person"
10-13-3-23. "Workplace Violence Restraining Order"
10-13-3-24. State Central Repository; Report of Arrests; Fingerprints
10-13-3-25. Disposition Reports
10-13-3-26. Release of Data to Criminal Justice Agencies
10-13-3-28. Criminal History Check on Request of an Individual Seeking Employment or to Volunteer
10-13-3-29. Use by Noncriminal Justice Organizations or Individuals Restricted
10-13-3-30. Request for Limited Criminal History; Duties of Law Enforcement Agency and Department
10-13-3-31. Release of Data to Subject Person; Fee; Challenge of Data Authorized
10-13-3-32. Application of Chapter
10-13-3-33. Rules; Challenge of Data Procedure
10-13-3-34. Security and Privacy Council; Establishment; Members