In Illinois, employers may not make adverse employment decisions based upon arrest records, sealed or expunged criminal histories, or arrests for which an individual has pleaded guilty to a crime, received supervision, complied with the supervision requirements, and received a judgment dismissing the charges. See, 775 ILCS 5/2-103; 20 ILCS 2630/5. Illinois employers may consider conviction information to evaluate prospective employees for job suitability. See, 775 ILCS 5/2-103; 20 ILCS 2630/3.
When obtaining conviction information,Illinoisemployers must obtain a signed release from the employee applicant, keep a copy of the signed release on file for two years, and provide the subject applicant with a copy of the report. Employers are not liable for their actions reasonably taken in good faith reliance on that report. See, 20 ILCS 2635/7; 20Ill.Adm. Code 1215.30.