Final grade: A-

Exclusion Grade


Relevance Grade


Due Process Grade



  • Strong protections for due process.
  • Bans agencies from using arrest and expunged records as well as vague standards like “moral turpitude” and “good character” to disqualify applicants.

Areas of Improvement

  • Extend state’s protections to all licenses.

Thanks to a 2018 reform, Indiana has some of the nation’s best protections and is one of just a handful of states that earns a perfect score in the Due Process category.

However, there are loopholes. Health care facilities are banned from employing nurse aides who have been convicted of felony battery or any drug felony within the past five years, while credentials to provide emergency medical services can be denied based on any drug felony or any crime of violence.  The 2018 reform also doesn’t apply to child care centers, which allow boards to disqualify applicants on the basis of any felony or a misdemeanor “related to the health and safety of the child.”

Statute: Ind. Code §12-17.2-4-5, Ind. Code §16-28-13-3, Ind. Code § 16-31-14(g), Ind. Code § 16-31-3-14.5, Ind. Code §§ 25-1-1.1-0.5 to 25-1-1.1-6, Ind. Code § 35-38-9-10 (2019), Ind. Code § 31-27-3-5, Ind. Code §§ 36-1-26-4 to 36-1-26-5 (2019)

Overarching ban on blanket bans Yes, but excludes health care facilities, EMS, and child care centers
Ban on considering arrest records Yes
Ban on considering post-conviction relief records Yes, expunged records
Time limit 5 years, except for violent or sexual crimes
Ban on vague, discretionary character standards Yes
Relationship between the crime and the license sought "Specifically and directly related"
Required factors for consideration
Rehabilitation Yes
Time elapsed since crime was committed Yes
Age when crime was committed No
Employment History No
Testimonials No
Due Process
Petition Process Yes
Burden of Proof State bears burden of proof and requires clear and convincing evidence to deny
Right to appeal Yes
Written notice requirement Yes