Illinois Background Check Laws for Employers (2026)
Illinois controls when you may ask about criminal history. It also controls how you weigh what a report returns, and now how AI tools use it.
This guide explains every Illinois statute, local ordinance, lookback rule, and application question limit that shapes a lawful employment background check.
Illinois Background Check Laws at a Glance
Illinois spreads its screening rules across several statutes, so no single act answers every question. Illinois also has no state version of the Fair Credit Reporting Act; instead, it 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. The table below maps each law to what it does and to the agency that administers it.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (no Illinois equivalent) | Requires a stand-alone disclosure, written authorization, and adverse action notices. | FTC and CFPB |
| Conviction records | Illinois Human Rights Act, 775 ILCS 5/2-103.1 (Employee Background Fairness Act) | Bars use of a conviction unless a substantial relationship or an unreasonable safety risk exists. Requires an interactive assessment and written notices. | Illinois Department of Human Rights |
| Arrest, sealed, and juvenile records | Illinois Human Rights Act, 775 ILCS 5/2-103 | Bars any inquiry into or use of arrest records, expunged, sealed, or impounded records, and juvenile records. | Illinois Department of Human Rights |
| State criminal 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 |
| Fair chance / ban the box | Job Opportunities for Qualified Applicants Act, 820 ILCS 75 | Delays criminal history questions until an interview or a conditional offer. Applies at 15 or more employees. | Illinois Department of Labor |
| Chicago fair chance and credit | Chicago Mun. Code §§ 6-10-053, 6-10-054 | Limits conviction record use, requires written notices before rejection, and bars most credit inquiries. Applies at one or more employees. | Chicago Commission on Human Relations |
| Cook County fair chance and credit | Cook County Code § 42-35(h) (Human Rights Ordinance, ch. 42, art. II) | Applies interview-stage timing to employers of any size and restricts credit history use. | Cook County Commission on Human Rights |
| Sealed and expunged records | Criminal Identification Act, 20 ILCS 2630/12 and 2630/5.2 | Blocks employer use of expunged, sealed, or impounded records and requires an application notice. Minor cannabis offenses are expunged automatically. | Illinois circuit courts; Illinois State Police maintain the records |
| Lookback limits | No state cap; FCRA, 15 U.S.C. § 1681c | Bars reporting non-convictions older than seven years unless the job pays $75,000 or more. | FTC and CFPB |
| Credit reports | Employee Credit Privacy Act, 820 ILCS 70 | Prohibits credit history screening except for listed exempt employers and positions. | Illinois Department of Labor; private right of action |
| Salary history | Equal Pay Act of 2003, 820 ILCS 112/10(b-5), (b-10), (b-25) | Bans salary history questions. Requires pay scale and benefits in job postings at 15 or more employees. | Illinois Department of Labor |
| Drug and marijuana testing | 410 ILCS 705/10-50; 820 ILCS 55/5; 410 ILCS 130/40 | Allows testing under a reasonable written policy but protects lawful off-duty cannabis use and medical patient status. | Illinois Department of Labor |
| Application questions | Title VII, ADEA, ADA, INA (federal) | Bars pre-offer questions about protected characteristics, disability, and citizenship status. | EEOC and U.S. Department of Justice |
| E-Verify | No state mandate; 820 ILCS 55/14 (discrepancy notices) | E-Verify stays voluntary. Employers must notify workers within five business days of an outside discrepancy notice. | Illinois Department of Labor; USCIS |
| Social media | Right to Privacy in the Workplace Act, 820 ILCS 55/10 | Bars demands for personal social media passwords. | Illinois Department of Labor |
| AI in hiring | Illinois Human Rights Act, 775 ILCS 5/2-102(L); 820 ILCS 42 | Bars discriminatory AI and ZIP code proxies and requires notice. Effective January 1, 2026. | Illinois Department of Human Rights |
| Biometrics | 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 |
| Health care workers | 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 staff | Child Care Act of 1969, 225 ILCS 10; P.A. 104-0307 | Requires repeat criminal background checks every five years. Effective January 1, 2026. | Illinois Department of Children and Family Services |
| Driving records | Illinois Vehicle Code, 625 ILCS 5/2-123; DPPA, 18 U.S.C. § 2721 | Controls release of Illinois driving abstracts and mirrors the federal Driver’s Privacy Protection Act. | Illinois Secretary of State |
How the FCRA Applies to Illinois Employers
Every Illinois background check ordered from a screening company also triggers the federal Fair Credit Reporting Act. The Federal Trade Commission and the Consumer Financial Protection Bureau enforce it.
The FCRA works as a four-step process. Follow the steps in order, and keep every signed copy.
Clear Disclosure
Tell the applicant in writing that a consumer report may inform the hiring decision. Under 15 U.S.C. § 1681b(b)(2), 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
Send a copy of the report plus the CFPB 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 within 60 days.
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.
How Illinois Limits Criminal Record Screening
Senate Bill 1480, the Employee Background Fairness Act, rewrote Illinois hiring practice on March 23, 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, and the circumstances 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
The Interactive Assessment: Notice, Response, Decision
Illinois layers its own notice process on top of the federal one. First, send a preliminary written notice naming the disqualifying conviction, your reasoning, a copy of the report, and the right to respond.
Next, wait at least five business days while the candidate disputes accuracy or submits mitigating evidence. Finally, issue a final notice with the conviction, the reasoning, any internal appeal, and the right to file with the Illinois Department of Human Rights.
Where the Records Come From
The Uniform Conviction Information Act, 20 ILCS 2635, governs public access to Illinois conviction data held by the Illinois State Police, Bureau of Identification. It releases convictions only, never arrests without disposition.
For that reason, BCS Background Screening LLC runs an Illinois Real-Time Statewide Criminal Search across all 102 counties in parallel, with researcher verification on every hit. A county criminal court search adds direct research in Cook, DuPage, Lake, Will, or any other county for $18 plus court fees.
How Far Back Can an Illinois Background Check Go?
Illinois sets no statewide lookback cap on convictions. Instead, federal law draws the reporting line in 15 U.S.C. § 1681c, while Illinois law draws the usage line.
Non-Convictions (Federal)
Section 605 of the FCRA bars reporting arrests and other adverse non-conviction items older than seven years.
Convictions (Federal)
Federal law places no age limit on reporting convictions. Illinois adds no cap either, so older convictions may appear on a compliant report.
Salary Exemption (Federal)
The seven-year limit on non-conviction data drops away when the role is expected to pay $75,000 or more per year.
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, while health care and child care statutes list convictions that disqualify unless a waiver issues.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Arrest, Sealed, Expunged, and Juvenile Records in Illinois
Sealed, Expunged, and Set-Aside Records
The Criminal Identification Act adds a second shield beyond the Human Rights Act. 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.
Illinois automatically expunges minor cannabis offenses under 20 ILCS 2630/5.2. Other sealing happens by petition to the circuit court, and the Illinois State Police then update the central repository.
Your job application must carry the statutory notice telling applicants they need not reveal sealed or expunged matters. Limited exceptions to the use ban cover law enforcement agencies, the Department of Corrections, and prosecutors.
Arrests and Non-Convictions
Illinois goes further than most states here. Under 775 ILCS 5/2-103, asking about an arrest record is itself a civil rights violation, and 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.
Court Supervision and Dismissed Cases
Illinois court supervision that ends in dismissal is not a conviction under 730 ILCS 5/5-6-3.1, and the record may later be sealed. Once sealed or expunged, it counts as an arrest record under 775 ILCS 5/2-103, so you may not ask about it or use it.
While supervision is still open, treat the case as a pending matter. Confirm the current status with the court before you weigh it at all.
Juvenile Records
The same section of the Human Rights Act, 775 ILCS 5/2-103, bars asking about or using juvenile records. Treat a juvenile adjudication exactly like a sealed record and leave it out of every hiring decision.
Ban the Box in Illinois: State, Chicago, and Cook County 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 Rule: Job Opportunities for Qualified Applicants Act
The JOAA, 820 ILCS 75/15, covers private employers and employment agencies with 15 or more employees. You may not inquire into or consider criminal history until the applicant has been determined qualified and notified of an interview. If there is no interview, wait until a conditional offer.
Exempt positions include roles where a law excludes people with certain convictions, positions requiring a fidelity bond, and positions licensed under the Emergency Medical Services Systems Act. Meanwhile, state executive agencies dropped the question from initial applications under a separate 2013 administrative order, not this Act.
Penalties, as amended by Public Act 104-2 effective June 16, 2025, start with a written warning and 30 days to cure. The next violation brings up to $500, and later violations up to $1,500 per violation. The Illinois Department of Labor enforces the Act.
Once you may ask, the Human Rights Act takes over. Under 775 ILCS 5/2-103.1, every Illinois employer must run the six-factor assessment, send a preliminary notice, wait five business days, and issue a final notice before rejecting anyone for a conviction.
City of Chicago: Municipal Code § 6-10-054
The Chicago Human Rights Ordinance, as amended April 19, 2023, reaches every employer with one or more employees working in the city. However, the ordinance no longer contains its own application-stage timing rule, so the state JOAA timing applies to Chicago employers with 15 or more employees.
Chicago employers may not inquire into or use arrest records, juvenile records, or sealed or expunged records. A conviction may be used only where a law excludes people with that conviction, a standard fidelity bond would be denied, the offense has a substantial relationship to the job, or the hire would pose an unreasonable risk to property or safety.
Before deciding, weigh the same six factors: time elapsed, number of convictions, nature and severity, surrounding facts, age at conviction, and rehabilitation. Then send a preliminary written notice with your reasoning, allow at least five business days to respond, and issue a final written decision with notice of the right to file with the Chicago Commission on Human Relations.
In addition, job ads may not state any preference or limitation the chapter prohibits under § 6-10-055.
Cook County: Code § 42-35(h)
Under Cook County Code § 42-35(h), employers with one or more employees that have a principal place of business in or do business in Cook County may not inquire into or consider criminal history until the applicant is found qualified and notified of selection for an interview. Without an interview, wait until after a conditional offer.
The county exempts positions where a law excludes people with certain convictions and positions requiring a standard fidelity bond that the conviction would bar. The individualized assessment, preliminary notice, five-business-day wait, and final notice duties come from the statewide Human Rights Act, not from the county ordinance.
The Cook County Commission on Human Rights enforces the ordinance, which also restricts credit history use. Suburban Cook County employers should therefore apply the county rule alongside the JOAA.
What an Illinois Job Application May Ask
Illinois has no single statute that lists forbidden pre-employment inquiries. Even so, several Illinois laws already reach the application form.
The JOAA removes criminal history questions until the interview stage, 775 ILCS 5/2-103 bars any arrest record question, and 20 ILCS 2630/12 requires the sealed-record notice on the form. The Employee Credit Privacy Act bars most credit questions, and the Equal Pay Act bars any salary history question.
Beyond those state rules, federal law decides which personal questions an Illinois application may ask. The four limits below apply to nearly every Illinois employer.
Sex, Marital Status, Religion, and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.
The EEOC treats questions about race, sex, religion, marital status, children, or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel, and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants.
Your screening company still needs the date of birth to match Illinois criminal records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health, and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims, or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin, and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status, or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”
EEO self-identification is different. Collect race, ethnicity, sex, veteran, and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
Employment Credit Reports
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 that set direction or control, jobs with unsupervised access to $2,500 or more in cash or marketable assets, and signatory power over business assets of $100 or more per transaction. Access to confidential, financial, trade secret, or security information also qualifies.
Banks, savings institutions, credit unions, insurers, sureties, debt collectors, and law enforcement or state agencies sit outside the Act entirely. An aggrieved applicant may sue directly and recover attorney’s fees.
Chicago bars credit history inquiries under Municipal Code § 6-10-053 unless credit is a bona fide occupational requirement. Cook County Code § 42-35 applies the same exemptions countywide.
Salary History and Pay Transparency
Illinois bans wage history questions. Sections 10(b-5) and 10(b-10) of the Equal Pay Act of 2003 stop employers from seeking prior pay from an applicant or a former employer. Consequently, never order salary verification as part of an Illinois employment package.
In addition, employers with 15 or more employees must include the pay scale and benefits in job postings. That duty sits in 820 ILCS 112/10(b-25) and has applied since January 1, 2025.
Drug and Marijuana Testing
The Right to Privacy in the Workplace Act, 820 ILCS 55/5, protects off-duty use of lawful products. Because Illinois legalized adult-use cannabis, that protection now covers off-duty consumption.
Under the Cannabis Regulation and Tax Act, 410 ILCS 705/10-50, employers may keep reasonable zero-tolerance or drug-free policies and may test applicants under a reasonable written policy. However, you may not discriminate for lawful off-duty cannabis use without a good-faith belief of impairment at work.
Registered medical patients may not be penalized for status alone under 410 ILCS 130/40. Federal DOT rules still require marijuana testing for CDL drivers and other safety-sensitive roles.
Motor Vehicle Records
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.
BCS Background Screening LLC pulls Illinois abstracts through its Motor Vehicle Records service.
E-Verify and Form I-9
Illinois has no E-Verify mandate. Public Act 104-455 repealed the E-Verify sections of 820 ILCS 55, including the 2025 attestation and inspection-notice duties, effective December 12, 2025. As a result, federal rules alone now govern E-Verify use.
However, new 820 ILCS 55/14 covers written discrepancy notices from sources such as the SSA, the IRS, or an insurer. You must notify the employee and any authorized representative within five business days, take no adverse action solely because of the notice, and allow the representative into related meetings.
Civil penalties run from $100 to $1,000 per violation under 820 ILCS 55/18, with a good-faith safe harbor in 820 ILCS 55/25. Every employer must still complete Form I-9 for each new hire under 8 C.F.R. § 274a.2.
Social Media and Passwords
The Right to Privacy in the Workplace Act, 820 ILCS 55/10, bars demands for personal social media passwords. Keep any public-profile review job-related and consistent.
Automated and AI Hiring Tools
Public Act 103-0804 amended the Human Rights Act effective January 1, 2026. Under 775 ILCS 5/2-102(L), employers may not use AI that has a discriminatory effect, and using ZIP codes as a proxy for a protected class is 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, so automated scoring of criminal records deserves a fresh audit.
Meanwhile, video-interview AI falls under the Artificial Intelligence Video Interview Act, 820 ILCS 42. That Act requires notice, an explanation, and consent.
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.
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, and 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
The Health Care Worker Background Check Act, 225 ILCS 46, requires fingerprint-based checks for direct-care staff. IDPH publishes the list of disqualifying convictions. Some offenses allow a waiver, while others disqualify permanently. Roles paid with federal health care funds also need OIG exclusion screening before hire and monthly after.
Child Care
Licensed child care staff clear DCFS criminal and abuse registry checks under the Child Care Act of 1969, 225 ILCS 10. Public Act 104-0307 now requires a repeat criminal background check every five years, starting January 1, 2026.
Schools
Under 105 ILCS 5/10-21.9, school districts fingerprint applicants and check the Statewide Sex Offender Database. Certain convictions bar employment outright, so districts cannot apply the balancing test. The Illinois State Board of Education oversees the rule.
Transportation and CDL
Motor carriers pull an Illinois driving abstract at hire and annually thereafter under 625 ILCS 5 and 49 C.F.R. Part 391. In addition, federal rules require previous-employer safety history, Part 40 drug testing, and FMCSA Clearinghouse queries before hire and annually.
Financial Services
Banks and broker-dealers face federal disqualifiers under 12 U.S.C. § 1829 and FINRA Rule 3110(e) that override the state balancing test. Credit screening is also permitted for these employers under 820 ILCS 70.
Security and Firearms
Private security and detective licensees clear fingerprint checks through the Illinois Department of Financial and Professional Regulation under 225 ILCS 447. Firearm control card holders face further review under the Firearm Owners Identification Card Act.
What Changed for Illinois Employers in 2026
Illinois rewrote several screening rules between January 2025 and January 2026, and two federal changes followed. Each item below states the date, who it covers, and what to do.
Illinois Human Rights Act now regulates AI in hiring decisions
Public Act 103-0804 added 775 ILCS 5/2-102(L), effective January 1, 2026. Employers may not use AI that has a discriminatory effect on a protected class or use ZIP codes as a proxy for one.
Employers must also notify applicants and employees when AI is used in recruitment, hiring, promotion, discipline, or discharge. Video-interview AI still requires notice, explanation, and consent under 820 ILCS 42.
What to do: Inventory every automated tool that scores applications or background reports, audit it for disparate impact, and add the required notice to your process.
Source: 775 ILCS 5/2-102(L), Public Act 103-0804. Read the law
Child care staff need a repeat background check every five years
Public Act 104-0307 amended the Child Care Act of 1969, 225 ILCS 10, effective January 1, 2026. Licensed child care staff must now clear a repeat criminal background check every five years.
The Illinois Department of Children and Family Services administers the requirement alongside its existing criminal and abuse registry checks.
What to do: Build a five-year recheck calendar for every current employee and schedule the first round now.
Source: 225 ILCS 10, as amended by Public Act 104-0307.
E-Verify sections repealed; new discrepancy notice duties in 820 ILCS 55/14
Public Act 104-455 repealed 820 ILCS 55/12 and 55/13, including the January 1, 2025 attestation, discrepancy-notice, and inspection-notice duties, effective December 12, 2025. E-Verify use is now governed by federal rules only.
New 820 ILCS 55/14 requires public and private employers that receive a written notice of a taxpayer identification number or document discrepancy from the SSA, the IRS, an insurer, or another non-enforcement source to notify the employee and any authorized representative within five business days. Employers may not take adverse action solely because of the notice and must allow a representative in related meetings.
What to do: Retire the old E-Verify attestation forms, and write a five-business-day notice procedure for discrepancy letters. Penalties run $100 to $1,000 per violation under 820 ILCS 55/18, with a good-faith safe harbor in 820 ILCS 55/25.
Source: 820 ILCS 55/14, Public Act 104-455. Read the law
JOAA penalties restated: warning, then $500, then $1,500 per violation
Public Act 104-2 amended the Job Opportunities for Qualified Applicants Act, 820 ILCS 75, effective June 16, 2025. The penalty ladder now reads: a written warning with 30 days to cure, then up to $500, then up to $1,500 per violation.
The timing rule is unchanged. Employers with 15 or more employees still may not ask about criminal history until the applicant is found qualified and notified of an interview, or until a conditional offer if there is no interview.
What to do: Confirm that every application, applicant tracking system, and recruiter script delays criminal history questions to the interview stage.
Source: 820 ILCS 75/15, as amended by Public Act 104-2. Read the law
Pay scale and benefits must appear in every job posting
Public Act 103-539 added 820 ILCS 112/10(b-25) to the Equal Pay Act of 2003, effective January 1, 2025. Employers with 15 or more employees must include the pay scale and benefits in job postings.
The salary history ban in 820 ILCS 112/10(b-5) and (b-10) continues to apply to every Illinois employer. Never seek prior pay from the applicant or a former employer.
What to do: Add pay scale and benefits to each posting template, and remove salary verification from every Illinois screening package.
Source: 820 ILCS 112/10(b-25), Public Act 103-539. Read the law
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance. In Illinois, 775 ILCS 5/2-103.1 requires that assessment regardless.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers and other safety-sensitive employees for marijuana under Part 40. For every other Illinois role, keep following 410 ILCS 705/10-50 and the Right to Privacy in the Workplace Act.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
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. Price: $18 plus court fees.
SSN Trace
Reveals names, aliases, and address history to target the right Illinois counties.
Nationwide Database Search
A broad multi-jurisdiction sweep with sex offender registry and watchlist screening. We verify every hit at the source court.
Federal Criminal Search
Covers the U.S. District Courts for the Northern, Central, and Southern Districts of Illinois for federal offenses.
Motor Vehicle Records
Illinois driving abstracts for delivery, trucking, sales, and CDL positions, pulled under DPPA permissible use.
Verifications and Add-ons
Employment dates, titles, education, and licenses confirmed at the source, without touching prior salary data.
FACIS® Healthcare Sanctions
Screens OIG, SAM.gov, and state licensing sanctions for Illinois health care hires before work begins and monthly after.
Access to SSN Trace functionality is restricted at initial registration. This feature cannot be accessed at initial signup until your organization’s business use case is verified.
Illinois Employer Compliance Checklist
- Remove every criminal history question from the job application, and delay it 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.
- Remove sex, marital status, religion, citizenship, salary history, and photograph questions from the application.
- Collect the date of birth on the FCRA authorization after the conditional offer, never on the 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, allow five business days, then issue the final notice with IDHR complaint information.
- Skip credit reports unless the role qualifies as a bona fide exception under 820 ILCS 70.
- Audit any AI screening tool for discriminatory output and add the required notice.
Illinois Employment Screening Law FAQs
When can an Illinois employer ask about criminal history?
The Job Opportunities for Qualified Applicants Act, 820 ILCS 75, sets the timing for private employers with 15 or more employees. They must wait until the applicant is deemed qualified and notified of an interview, or until a conditional offer if there is no interview. The Illinois Department of Labor enforces the Act.
Penalties, as amended by Public Act 104-2 effective June 16, 2025, start with a written warning and 30 days to cure, then up to $500, then up to $1,500 per violation. Cook County applies the same timing rule to employers of any size, and Chicago adds record-use limits and notice duties for every employer with one or more employees.
Can Illinois employers use arrest records in hiring?
No. Under 775 ILCS 5/2-103, any inquiry into an arrest record is a civil rights violation, and acting on one is unlawful regardless of how recent the arrest is. The ban also covers sealed, expunged, impounded, and juvenile records.
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, as long as it does not come from the arrest record itself.
What does the Illinois 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 where a substantial relationship links the offense to the job or the hire poses an unreasonable risk to property or safety.
Before deciding, employers must weigh six mitigating factors, send a written preliminary notice, allow at least five business days to respond, and issue a written final notice. The Illinois Department of Human Rights administers the Act.
How far back does an Illinois background check go?
Illinois imposes no state lookback cap on criminal convictions. Section 605 of the Fair Credit Reporting Act, 15 U.S.C. § 1681c, bars reporting arrests and other non-conviction items older than seven years unless the job pays $75,000 or more.
Convictions may be reported without an age restriction. Illinois instead regulates use: the “time elapsed” factor in 775 ILCS 5/2-103.1 makes older convictions harder to rely on, and the FTC and CFPB enforce the federal limits.
Can Illinois employers run credit checks on applicants?
Usually not. The Employee Credit Privacy Act, 820 ILCS 70, bars credit inquiries unless satisfactory credit is a bona fide occupational requirement. Exempt roles include bonded positions, managerial roles, signatory power over $100 or more per transaction, and unsupervised access to $2,500 or more in cash or assets.
Banks, credit unions, insurers, debt collectors, and law enforcement or state agencies fall outside the Act. The Illinois Department of Labor administers it, and applicants may also sue directly. Chicago and Cook County apply parallel limits.
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 and from asking whether a record was ever sealed. Illinois circuit courts order the relief, and the Illinois State Police update the repository.
Court supervision that ends in dismissal is not a conviction under 730 ILCS 5/5-6-3.1, and once sealed it is an arrest record under 775 ILCS 5/2-103. While supervision is open, treat it as a pending matter.
What may an Illinois employer ask on a job application?
Illinois has no single pre-employment inquiry statute, but several laws reach the form. The JOAA, 820 ILCS 75, delays criminal history questions, 775 ILCS 5/2-103 bars arrest questions, 820 ILCS 70 bars most credit questions, and 820 ILCS 112/10 bars salary history questions.
Federally, Title VII, the ADEA, the ADA, and the INA bar pre-offer questions about sex, religion, age, disability, and citizenship status, enforced by the EEOC and the Department of Justice. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application.
Does Illinois regulate artificial intelligence in hiring?
Yes. Public Act 103-0804 added 775 ILCS 5/2-102(L) to the Illinois Human Rights Act, effective January 1, 2026. Employers may not use AI with a discriminatory effect or use ZIP codes as a proxy for a protected class.
Employers must also give notice whenever AI informs recruitment, hiring, promotion, discipline, or discharge. The Illinois Department of Human Rights enforces the rule, and the Artificial Intelligence Video Interview Act, 820 ILCS 42, separately covers video interviews.
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This page provides general information about Illinois background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.