Written by attorney Alan James Brinkmeier

Illinois Employment: Criminal Background Checks

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.

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