Illinois Background Check Laws for Employers
Illinois controls when you may ask about criminal history. It also controls how you weigh what a report returns. This guide explains every rule, statute by statute, in plain English.
- ✓Statute citations plus the agency that administers each one
- ✓Ban-the-box timing for the state, Chicago, and Cook County
- ✓Lookback limits, adverse action steps, and 8 employer FAQs
Illinois Background Check Laws at a Glance
Illinois spreads its screening rules across several statutes. Therefore, no single act answers every question. The table below maps each law to what it does and to the agency that administers it.
Criminal record and fair chance laws
| Law and citation | What it does | Administering agency |
|---|---|---|
| Illinois Human Rights Act — conviction records 775 ILCS 5/2-103.1 | Bars employers from using a conviction record unless a substantial relationship or an unreasonable safety risk exists. Requires an interactive assessment. | Illinois Department of Human Rights |
| Illinois Human Rights Act — arrest records 775 ILCS 5/2-103 | Bars any inquiry into an arrest record. Also bars use of sealed or expunged records. | Illinois Department of Human Rights |
| Job Opportunities for Qualified Applicants Act 820 ILCS 75 | Illinois ban the box. Delays criminal history questions until an interview or a conditional offer. Applies at 15 or more employees. | Illinois Department of Labor |
| Criminal Identification Act 20 ILCS 2630/12 | Blocks employer use of expunged, sealed, or impounded records. Also bars asking whether a record was sealed. | Illinois circuit courts; Illinois State Police maintain the records |
| Uniform Conviction Information Act 20 ILCS 2635 | Governs public access to Illinois conviction data. Releases convictions only, never arrests without disposition. | Illinois State Police, Bureau of Identification |
| Chicago Human Rights Ordinance — criminal history Chicago Municipal Code § 6-10-054 | Delays criminal history review until after a conditional offer. Applies to employers with one or more workers. | Chicago Commission on Human Relations |
| Cook County Human Rights Ordinance Cook County Code ch. 42, art. II | Restricts criminal history inquiries and credit history use across the county. | Cook County Commission on Human Rights |
Privacy, credit, pay, and AI laws
| Law and citation | What it does | Administering agency |
|---|---|---|
| Employee Credit Privacy Act 820 ILCS 70 | Prohibits credit history screening except for listed exempt positions. | Illinois Department of Labor; private right of action |
| Right to Privacy in the Workplace Act 820 ILCS 55 | Protects lawful off-duty product use, bars demands for social media passwords, and limits E-Verify no-match action. | Illinois Department of Labor |
| Biometric Information Privacy Act 740 ILCS 14 | Requires written notice and consent before collecting fingerprints or other biometrics. | Private right of action in Illinois courts |
| Equal Pay Act of 2003 820 ILCS 112/10(b-20) | Bans salary history questions and bars screening applicants on prior wages. | Illinois Department of Labor |
| Illinois Human Rights Act — AI in hiring 775 ILCS 5/2-102; PA 103-0804 | Bars discriminatory use of artificial intelligence and ZIP codes as proxies. Requires notice. Effective January 1, 2026. | Illinois Department of Human Rights |
Industry and licensing statutes
| Law and citation | What it does | Administering agency |
|---|---|---|
| Health Care Worker Background Check Act 225 ILCS 46 | Requires fingerprint checks and lists disqualifying convictions for direct-care roles, subject to waivers. | Illinois Department of Public Health |
| Child Care Act of 1969 225 ILCS 10; PA 104-0307 | Requires repeat criminal background checks every five years for child care staff. Effective January 1, 2026. | Illinois Department of Children and Family Services |
| Illinois Vehicle Code — driver records 625 ILCS 5/2-123 | Controls release of Illinois driving abstracts and mirrors the federal Driver’s Privacy Protection Act. | Illinois Secretary of State |
Does Illinois have a state version of the FCRA?
Illinois has no state equivalent of the federal Fair Credit Reporting Act that licenses consumer reporting agencies. Instead, Illinois regulates the employer’s use of the report through the Human Rights Act. As a result, the federal FCRA and the Illinois Human Rights Act must be satisfied together.
How Illinois Limits Criminal Record Screening
Senate Bill 1480, the Employee Background Fairness Act, rewrote Illinois hiring practice in March 2021. Since then, a conviction alone cannot end a candidacy. Employers must connect the record to the job and then document that link.
Convictions: two legal gateways
Under 775 ILCS 5/2-103.1, you may act on a conviction only through one of two gateways. First, a substantial relationship must exist between the offense and the job. Second, the hire must pose an unreasonable risk to property or to the safety of others.
Illinois defines that first gateway narrowly. Specifically, the job must create an opportunity to repeat the same or a similar offense. Moreover, the circumstances that led to the conviction must be likely to recur. Analysis by Franczek P.C. calls the standard a severe limit on employer discretion.
The six mitigating factors Illinois requires
Before you disqualify anyone, the statute forces a weighing exercise. Consequently, your file should show each factor below in writing.
- Time elapsed since the conviction
- Number of convictions on the record
- Nature and severity of the offense, and its bearing on safety
- Facts and circumstances surrounding the conviction
- Age of the person at the time of the offense
- Evidence of rehabilitation efforts
Arrest records stay off the table
Illinois goes further than most states here. Under 775 ILCS 5/2-103, asking about an arrest record is itself a civil rights violation. Likewise, acting on one is unlawful. Age does not matter, so a recent arrest is no more usable than an old one.
One narrow door stays open. You may still use independent evidence that the person actually engaged in the conduct. However, that evidence must stand on its own, apart from the arrest record.
Sealed and expunged records
The Criminal Identification Act adds a second shield. Under 20 ILCS 2630/12, employers may not consider expunged, sealed, or impounded records. In addition, you may not ask whether a record was ever sealed or expunged. Your application should also carry the statutory notice telling applicants they need not reveal sealed or expunged matters.
The Illinois Interactive Assessment: Notice, Response, Decision
Illinois layers its own notice process on top of the federal one. Because the two overlap, most employers run them together. Still, the Illinois notice carries content the FCRA does not require.
Run the individualized assessment
Weigh the six mitigating factors against the duties of the role. Then record your reasoning before you contact the candidate.
Send the preliminary notice
Name the conviction that drives the decision. Also explain your reasoning, attach the report, and describe the right to respond.
Wait at least five business days
Give the candidate that window to dispute accuracy or submit mitigating evidence. Meanwhile, hold the decision open.
Issue the final notice
State the final disqualifying conviction and your reasoning. Then explain any internal appeal and the right to file with the Illinois Department of Human Rights.
Illinois sets a floor of five business days, while the federal FCRA sets no fixed number. Therefore, a single combined timeline of five business days satisfies both rules in practice.
Ban the Box in Illinois: Three Timing Rules
Illinois employers often face two or three ban-the-box rules at once. Accordingly, the strictest rule controls. Check the state rule first, then the local ordinance where the job sits.
State: Job Opportunities for Qualified Applicants Act
The JOAA, 820 ILCS 75, covers private employers with 15 or more employees. You may not ask about criminal history too early. Wait until the applicant is deemed qualified and selected for an interview. A conditional offer also opens the door.
Exemptions: roles where law excludes certain convictions, fidelity bond positions, and EMS-licensed roles.
Penalties: a written warning first, then $500, then $1,500 per violation, escalating every 30 days.
Chicago: Municipal Code § 6-10-054
Chicago’s 2023 amendment reaches employers with even one employee. Furthermore, it bars adverse action on criminal history before a conditional offer. The city also mandates the same six-factor assessment and a written pre-adverse notice.
The Perkins Coie summary covers the expanded duties. Complaints go to the Chicago Commission on Human Relations.
Cook County: Code ch. 42, art. II
Cook County restricts criminal history inquiries until after a conditional offer. Additionally, the county limits credit history use, mirroring the state exemptions for bonded, managerial, and cash-handling roles.
The Cook County Commission on Human Rights enforces both provisions. Suburban Cook County employers should therefore apply the county rule alongside the JOAA.
How Far Back Can an Illinois Background Check Go?
Illinois sets no statewide lookback cap on convictions. Instead, federal law draws the reporting line, while Illinois law draws the usage line. Here is how the two fit together.
Non-convictions
Section 605 of the FCRA, 15 U.S.C. § 1681c, bars reporting arrests and other adverse non-conviction items older than seven years.
Convictions
Federal law places no age limit on reporting convictions. Illinois adds no cap either, so older convictions may appear on a compliant report.
Salary exception
The seven-year limit on non-conviction data drops away when the role pays $75,000 or more per year. Convictions were never inside that limit.
Arrests in Illinois
Even a report that lawfully shows an arrest cannot be used. Under 775 ILCS 5/2-103, Illinois employers must ignore arrest records entirely.
In short, Illinois shifts the question from how old a record is to how relevant it is. The “time elapsed” mitigating factor in 775 ILCS 5/2-103.1 does the work that a hard lookback cap does elsewhere. Industry statutes then override that flexibility. Health care and child care rules, for example, list convictions that disqualify for life unless a waiver issues.
FCRA Compliance Steps for Illinois Employers
Every Illinois background check also triggers the federal Fair Credit Reporting Act. The Federal Trade Commission sets out four steps. Follow them in order, and keep every signed copy.
Stand-alone disclosure
Tell the applicant in writing that a consumer report may inform the hiring decision. That document must contain nothing else.
Written authorization
Collect signed permission before you order the search. Electronic signatures work well, provided you keep the audit trail.
Pre-adverse action notice
Send a copy of the report plus the Summary of Rights. Then pair it with the Illinois preliminary notice and the five-business-day window.
Adverse action notice
Name the screening company, state that it did not make the decision, and explain the right to dispute the file.
Federal guidance from the U.S. Equal Employment Opportunity Commission adds a parallel duty. Under Title VII, a blanket exclusion policy can create disparate impact. Fortunately, the EEOC “Green factors” track the Illinois mitigating factors closely. Therefore, one well-built assessment form can satisfy both frameworks.
Other Illinois Laws That Shape Employment Screening
Credit history: Employee Credit Privacy Act
Most Illinois employers may not pull credit reports at all. The Employee Credit Privacy Act, 820 ILCS 70, permits credit screening only where satisfactory credit is a bona fide occupational requirement. Exempt roles include bonded positions, managerial positions, and jobs with unsupervised access to $2,500 or more in cash or assets. Banks, insurers, debt collectors, and law enforcement units sit outside the Act entirely. An aggrieved applicant may sue directly and recover attorney’s fees.
Lawful products, cannabis, and social media
The Right to Privacy in the Workplace Act, 820 ILCS 55, protects off-duty use of lawful products. Because Illinois legalized adult-use cannabis, that protection now covers off-duty consumption. Employers may still enforce reasonable drug-free workplace policies and act on impairment at work. Meanwhile, the same Act bars demands for personal social media passwords. It also limits adverse action after a federal no-match letter.
Biometrics and fingerprint-based checks
Fingerprint screening triggers the Biometric Information Privacy Act, 740 ILCS 14. Before collecting a fingerprint, you must publish a retention schedule, disclose the purpose, and obtain a written release. A 2024 amendment limits recovery to one claim per person per method. Nevertheless, statutory damages remain substantial, so document consent carefully.
Salary history
Illinois bans wage history questions. Section 10(b-20) of the Equal Pay Act of 2003 controls the issue. It stops employers from seeking prior pay from an applicant or a former employer. Consequently, never order salary verification as part of an Illinois employment package.
Artificial intelligence in hiring
Public Act 103-0804 amended the Human Rights Act effective January 1, 2026. Employers may not use AI that discriminates against a protected class. Furthermore, using ZIP codes as a proxy for a protected class is now unlawful. The Act also requires notice whenever AI informs recruitment, hiring, promotion, discipline, or discharge. Guidance from Seyfarth Shaw LLP explains the notice duty in detail. Automated scoring of criminal records therefore deserves a fresh audit.
Personnel records
The Personnel Record Review Act, 820 ILCS 40, lets employees inspect their own files. Because background reports often live in those files, keep screening records separate and secure. Additionally, retain FCRA disclosures and assessments for the full limitations period.
Industry-Specific Illinois Screening Rules
Several Illinois industries answer to their own statutes. In those sectors, the general balancing test gives way to fixed disqualifiers. Review the card that matches your workforce.
Health care
225 ILCS 46 · Illinois Department of Public Health
The Health Care Worker Background Check Act requires fingerprint-based checks for direct-care staff. IDPH publishes the list of disqualifying convictions. Some offenses allow a waiver, while others disqualify permanently.
Child care
225 ILCS 10 · Illinois DCFS
Licensed child care staff clear DCFS criminal and abuse registry checks. Public Act 104-0307 now requires a repeat criminal background check every five years, starting January 1, 2026.
Schools
105 ILCS 5/10-21.9 · Illinois State Board of Education
School districts fingerprint applicants and check the Statewide Sex Offender Database. Certain convictions bar employment outright, so districts cannot apply the balancing test.
Transportation and CDL
625 ILCS 5 · 49 C.F.R. 391 · Illinois Secretary of State
Motor carriers pull a driving abstract at hire and annually thereafter. In addition, federal rules require previous-employer safety history and drug and alcohol clearinghouse queries.
Financial services
12 U.S.C. § 1829 · FINRA rules
Banks and broker-dealers face federal disqualifiers that override the state balancing test. Credit screening is also permitted for these employers under 820 ILCS 70.
Security and firearms
225 ILCS 447 · Illinois Department of Financial and Professional Regulation
Private security and detective licensees clear fingerprint checks through IDFPR. Firearm control card holders face further review under the Firearm Owners Identification Card Act.
Illinois Employment Screening Services
BCS Background Screening LLC builds Illinois packages around these rules. Every search below ships with FCRA-compliant disclosure and adverse action templates.
Illinois Real-Time Statewide Criminal Search
All 102 Illinois counties searched in parallel, in real time, with researcher verification on every hit.
County Criminal Court Search
Direct court research in Cook, DuPage, Lake, Will, and any other Illinois county you name.
Motor Vehicle Records
Driving histories for delivery, trucking, sales, and CDL positions, pulled under DPPA permissible use.
Nationwide Database Search
A broad multi-jurisdiction sweep with SSN trace, sex offender registry, and watchlist screening.
Employment and Education Verification
Dates, titles, and credentials confirmed at the source, without touching prior salary data.
Drug and Health Screening
Panel testing through a national collection network, coordinated with your Illinois hiring workflow.
Every BCS Background Screening LLC account includes optional Multiple Authentication Factor (MAF) protection at no extra cost.
Illinois Hiring Compliance Checklist
Use this list as a quick audit of your Illinois process. Each item maps to a statute covered above.
- Remove every criminal history question from the job application.
- Delay criminal history questions until an interview or a conditional offer.
- Apply the Chicago or Cook County rule when the role sits in those jurisdictions.
- Add the statutory notice about sealed and expunged records to your application.
- Issue a stand-alone FCRA disclosure and collect written authorization.
- Document the six mitigating factors on a written assessment form.
- Send the preliminary notice and allow five business days for a response.
- Issue the final notice with appeal rights and IDHR complaint information.
- Skip credit reports unless the role qualifies as a bona fide exception.
- Never ask about prior salary, arrests, or expunged matters.
- Audit any AI screening tool for discriminatory output and add the required notice.
- Store reports and assessments securely, apart from general personnel files.
Illinois Employment Screening Laws: 8 Employer FAQs
When can an Illinois employer ask about criminal history?
The Job Opportunities for Qualified Applicants Act, 820 ILCS 75, sets the timing. The rule covers private employers with 15 or more employees. They must wait until the applicant is deemed qualified and selected for an interview. A conditional offer also satisfies the Act. The Illinois Department of Labor enforces the Act through its Fair Labor Standards Division. Penalties start with a written warning and a 30-day cure period. Later violations reach $1,500 for each 30 days of non-compliance. Chicago and Cook County ordinances push the line to the conditional offer stage. Both apply to employers with a single employee.
Can Illinois employers use arrest records in hiring?
No. Section 2-103 of the Illinois Human Rights Act, 775 ILCS 5/2-103, controls. Any inquiry into an arrest record is a civil rights violation. Acting on one is unlawful too. The prohibition applies regardless of how recent the arrest is. It also covers records that a court ordered sealed, expunged, or impounded. The Illinois Department of Human Rights investigates complaints, and the Illinois Human Rights Commission adjudicates them. Employers may still rely on independent evidence of the underlying conduct. However, that evidence must not come from the arrest record itself.
What does the Employee Background Fairness Act require?
Senate Bill 1480 added Section 2-103.1 to the Illinois Human Rights Act, effective March 23, 2021. Employers may act on a conviction only through two gateways. First, a substantial relationship must link the offense to the job. Second, the hire must pose an unreasonable safety or property risk. Before deciding, employers must weigh six mitigating factors. Those include time elapsed, severity, age at the offense, and rehabilitation. The statute then requires a written preliminary notice. Candidates get at least five business days to respond. A written final notice closes the process. IDHR administers the Act.
How far back does an Illinois background check go?
Illinois imposes no state lookback cap on criminal convictions. Federal law fills the gap. Section 605 of the Fair Credit Reporting Act, 15 U.S.C. § 1681c, bars consumer reporting agencies from reporting arrests and other non-conviction items older than seven years. That seven-year limit lifts when the position pays $75,000 or more per year. Convictions were never inside the limit, so they may be reported without an age restriction. Illinois instead regulates use: the “time elapsed” mitigating factor in 775 ILCS 5/2-103.1 makes older convictions harder to rely on.
Can Illinois employers run credit checks on applicants?
Usually not. The Employee Credit Privacy Act, 820 ILCS 70, prohibits employers from requesting credit histories or basing decisions on them. Exceptions exist where satisfactory credit is a bona fide occupational requirement. Those roles include bonded positions and managerial roles that direct the business. They also cover jobs with signatory power over $100 or more per transaction. Finally, they cover unsupervised access to $2,500 or more, or to confidential financial data. Banks, credit unions, insurers, debt collectors, and state law enforcement units fall outside the Act. Applicants may sue directly and recover attorney’s fees.
Do sealed or expunged Illinois records appear on a background check?
They should not, and employers may not use them. Section 12 of the Criminal Identification Act, 20 ILCS 2630/12, bars employers from considering expunged, sealed, or impounded records in employment matters. It also bars asking whether an applicant ever had a record sealed or expunged. Illinois requires employment applications to state that applicants need not disclose such records. Limited exceptions cover law enforcement agencies, the Department of Corrections, and prosecutors. Illinois circuit courts order the relief, while the Illinois State Police update the central repository accordingly.
What rules govern driving records for Illinois employers?
Two layers apply. Section 2-123 of the Illinois Vehicle Code, 625 ILCS 5/2-123, controls release of driving abstracts by the Illinois Secretary of State. The federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721, then limits who may receive the data and why. Employment screening is a permissible use, though the applicant must authorize the request. Motor carriers face extra duties under 49 C.F.R. Part 391, including an abstract at hire, an annual review, and a drug and alcohol clearinghouse query. Order Illinois abstracts through our Motor Vehicle Records service.
Does Illinois regulate artificial intelligence in hiring?
Yes. Public Act 103-0804, from House Bill 3773, amended Section 2-102 of the Illinois Human Rights Act effective January 1, 2026. Employers may not use artificial intelligence in a way that discriminates against a protected class. They also may not use ZIP codes as a proxy for a protected class. In addition, employers must give notice whenever AI informs an employment decision. That covers recruitment, hiring, promotion, training selection, discipline, and discharge. The Illinois Department of Human Rights adopts the implementing rules and enforces the requirements.
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Legal disclaimer. BCS Background Screening LLC provides this page for general information only. It is not legal advice. Illinois statutes, local ordinances, and agency rules change over time. Therefore, consult qualified employment counsel before you adopt or revise a screening policy.
Reviewed and updated September 2026.