Ind. Code § 36-1-26-1 "Crime"
Sec. 1. As used in this chapter, "crime" has the meaning set forth in IC 33-23-1-4.
As added by P.L.182-2018, SEC.6.
Ind. Code ch. 36-1-26
Ind. Code ch. 36-1-26
in effectInd. Code § 36-1-26-2 "Criminal history information"
Sec. 2. As used in this chapter, "criminal history information" has the meaning set forth in IC 5-2-4-1.
As added by P.L.182-2018, SEC.6.
Ind. Code § 36-1-26-3 "License"
Sec. 3. As used in this chapter, "license" means any license, registration, certification, permit, or endorsement required by a unit for an individual to practice an occupation or profession in an area over which the unit has jurisdiction.
As added by P.L.182-2018, SEC.6.
Ind. Code § 36-1-26-4 Explicit list of disqualifying crimes required; use of conviction; criteria for evaluating applicant's criminal history
Sec. 4. (a) Not later than November 1, 2018, a unit shall revise its licensing requirements to the extent necessary to explicitly list the crimes that will disqualify an individual from receiving a license required by the unit. The unit may not:
(1) use nonspecific terms, such as moral turpitude or good character, as a licensing requirement; or
(2) consider an arrest that does not result in a conviction.
(b) A unit's use of an individual's conviction of a crime as a disqualifying criminal conviction is limited to a crime that is specifically and directly related to the duties and responsibilities of the occupation or profession for which the individual is applying for or holds a license.
(c) If an applicant has a disqualifying criminal history, the unit shall consider the following in determining whether to deny a license to the applicant, based on a clear and convincing showing:
(1) The nature and seriousness of the crime for which the individual was convicted.
(2) The passage of time since the commission of the crime.
(3) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation.
(4) Evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation.
(d) If an individual has a disqualifying criminal conviction, the period of disqualification may not exceed five (5) years after the date of the conviction or release from incarceration, whichever is later, unless the individual:
(1) was convicted of a crime of violence (as defined by IC 35-31.5-2-79);
(2) was convicted of an offense relating to a criminal sexual act (as defined by IC 35-31.5-2-216); or
(3) is convicted of a second or subsequent crime during the disqualification period.
As added by P.L.182-2018, SEC.6. Amended by P.L.85-2026, SEC.28.
Ind. Code § 36-1-26-5 Petition to determine whether criminal conviction disqualifying
Sec. 5. (a) An individual having a misdemeanor or felony criminal conviction may at any time petition a unit requiring a license for a determination as to whether the individual's misdemeanor or felony criminal conviction will disqualify the individual from receiving a license. An individual filing a petition under this subsection must submit:
(1) the individual's criminal history information or an authorization for the unit to obtain the individual's criminal history information; and
(2) any additional information requested by the unit to assist the unit in its review of the individual's petition.
(b) If a unit denies an individual a license solely or in part because of the applicant's criminal history, the unit shall notify the individual in writing of the following:
(1) The grounds and reasons for the denial or disqualification.
(2) The applicant has the right to a hearing to challenge the licensing authority's decision.
(3) The earliest date the applicant may reapply for a license.
(4) Evidence of rehabilitation may be considered upon reapplication.
Any written determination by the unit that an individual's criminal history is specifically listed as a disqualifying conviction and is directly related to the duties and responsibilities for the licensed occupation must be documented in written findings for each of the factors specified in subdivisions (1) through (4) by clear and convincing evidence sufficient for review by a court. In an administrative hearing or civil action reviewing the denial of a license, a unit has the burden of proof on the question of whether the individual's criminal history directly relates to the occupation for which the license is sought.
(c) The unit shall inform the individual of its determination concerning the individual's petition not later than thirty (30) days after the petition, criminal history information, and any other information requested under subsection (a) are received by the unit.
(d) The unit may charge a fee established under IC 36-1-3-6 that does not exceed twenty-five dollars ($25) to pay the unit's costs of reviewing a petition filed under subsection (a).
As added by P.L.182-2018, SEC.6.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026