Illinois Background Check Laws You Should Know
Illinois combines federal protections with its own "ban-the-box," anti-discrimination, and consumer protection rules. Understanding these laws helps you know what should and should not appear in a background check and how employers may use that information.
Federal Laws That Affect Illinois Background Checks
Fair Credit Reporting Act (FCRA)
The FCRA is the main federal law that regulates background checks for employment and other purposes. It requires:
- Clear written disclosure and your written consent before a background check
- A "pre-adverse action" notice and copy of the report if an employer may take negative action based on the report
- A final adverse action notice if they decide not to hire or promote you because of the report
- The right to dispute incomplete or inaccurate information
Title VII of the Civil Rights Act
Title VII prohibits discrimination based on race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission (EEOC) has issued guidance explaining that employers should evaluate criminal records individually, considering the nature of the offense, the time passed, and its relevance to the job.
Fair Chance to Compete for Jobs Act (Federal "Ban the Box")
For federal agencies and certain federal contractors, this law delays criminal history inquiries until after a conditional job offer has been made.
Key Illinois Background Check Laws and Policies
Job Opportunities for Qualified Applicants Act ("Ban the Box")
Illinois' statewide "ban-the-box" law generally prohibits many employers from asking about an applicant's criminal history on an initial job application. For covered employers, criminal history questions are delayed until after the applicant is determined qualified and selected for an interview, or, if no interview is held, until after a conditional offer of employment.
Illinois Human Rights Act – Conviction Record Protections
Amendments to the Illinois Human Rights Act limit how employers can use conviction records when making employment decisions. In many situations, an employer must conduct an individualized assessment to determine whether a conviction has a substantial relationship to the job or presents an unreasonable risk before taking adverse action. Employees and applicants who believe they were treated unfairly based on a conviction record may file a charge with the Illinois Department of Human Rights.
Expungement and Sealing in Illinois
Illinois law provides extensive options to expunge or seal many arrests and convictions if eligibility requirements are met and a court approves the petition. Once a record is expunged or sealed, it is generally removed from public access and is not supposed to appear on typical employment background checks, with limited exceptions for law enforcement and certain sensitive positions.
Illinois Employee Credit Privacy Act
Illinois restricts when employers can use credit history in employment decisions. Many employers are prohibited from requesting or using credit reports for most positions, unless the job involves significant financial duties or falls into an exempt category. Any use of credit reports must still comply with the FCRA.
Industry- and Role-Specific Screening Requirements
Certain Illinois industries—such as healthcare, education, childcare, financial services, and positions working with vulnerable populations—may have additional background check requirements under state or federal law. These checks often involve fingerprint-based searches of Illinois and FBI databases and have their own eligibility and disqualification rules.
Important: Background check laws change over time and can vary by city, county, and industry. Chicago and other local jurisdictions may have additional rules. Always verify current requirements and consult legal counsel if you need advice about a specific situation in Illinois.