Illinois Employment Background Check Laws

Conducting pre-employment background checks in Illinois allows employers to verify a candidate’s qualifications, such as educational background, employment history, criminal records, and other relevant information. Employers use this information to make informed hiring decisions, minimize risks, and create safer work environments.

Although background checks play a crucial role in the hiring process, navigating the complexities of federal, state, and local laws can be challenging, particularly for employers conducting these checks independently. This guide explains the process for conducting background checks in Illinois, the available report types, and the benefits of partnering with third-party background check providers.

What Is an Illinois Background Check?

An Illinois background check involves a comprehensive review of public records and databases to provide employers with insights into a job candidate’s or volunteer’s history. These checks are typically used during the hiring process to verify a candidate’s qualifications and suitability for a position. Common screenings include criminal records, credit history, and driving records.

Under Illinois law, certain industries require more in-depth, fingerprint-based criminal background checks, including:

• Childcare workers: Employers must check the Child Abuse and Neglect Tracking System (CANTS) and conduct fingerprint-based criminal background checks through the Illinois State Police. FBI checks may also be required for candidates who have lived outside Illinois in the last five years or if a criminal record is discovered.
• School workers (licensed and unlicensed): School districts must conduct fingerprint-based criminal history checks, along with checks of the Illinois State Police Sex Offender Registry and the Statewide Murderer and Violent Offender Against Youth Database.
• Healthcare workers: The Illinois Health Care Worker Background Check Act requires healthcare employers to conduct fingerprint-based background checks through the Illinois Department of Public Health for new hires. This applies to hospital staff, home health aides, individuals working with the disabled, and nursing home employees. Employers must also check sex offender registries and the Department of Corrections’ databases.
• Carnival workers: Traveling amusement ride operators must provide documentation of criminal history and sex offender registry checks for all operators, attendants, and assistants, as well as implement a substance abuse policy, including random drug testing.

What Appears on an Illinois Background Check?

The information that appears on an Illinois background check depends on the type of screening conducted, the employer’s policies, and the job requirements. Common background checks reveal:

• Criminal records: Felony or misdemeanor convictions, active warrants, pending cases, and incarceration history.
• Driving records: Traffic violations, license suspensions, DUIs, and revocations.
• Education verification: Schools attended, degrees earned, and dates of attendance.
• Employment verification: Previous employers, job titles, and employment dates.
• Credit checks: Financial information like collections, payment history, and bankruptcies. These checks are allowed only for jobs where financial responsibility is critical.
• Drug testing: Results for controlled substances, commonly required for public safety roles or jobs mandated by law.

What Can Disqualify a Candidate in Illinois?

Disqualification from an Illinois background check depends on the employer’s policies and the nature of the job. For example, licensed private security contractors cannot have felony convictions unless ten years have passed since completing their sentence. Employers must follow the adverse action process if a candidate is disqualified due to background check results.

How Long Does a Background Check Take?

The time required to process a background check in Illinois varies depending on the type of check and whether the employer conducts the search in-house or uses a Consumer Reporting Agency (CRA). Digital national checks can be completed in minutes, while education or employment verifications may take several days.

Employers performing their own checks may face longer processing times due to manual record requests, whereas partnering with a CRA can streamline the process. CRAs like Identify Background Checks offer faster turnaround times by accessing multiple records and databases simultaneously.

How Far Back Do Illinois Background Checks Go?

The scope of an Illinois background check depends on the screening type and federal, state, or local laws. Under the Fair Credit Reporting Act (FCRA), non-conviction information is limited to a seven-year reporting window, while criminal convictions can be reported indefinitely. Certain exemptions apply if a candidate’s salary exceeds $75,000 or the employer conducts the search independently.

How to Get an Illinois Background Check

Employers can either perform background checks themselves or work with a CRA. Self-conducted checks may require manual searches and document requests, while CRAs offer a more efficient, streamlined process. Illinois employers can use online services like the Illinois State Police’s Criminal History Information Response Process (CHIRP) for criminal records or request driving abstracts from the DMV in person.

How Much Does an Illinois Background Check Cost?

The cost of a background check varies based on the types of reports and the frequency of checks. Independent checks typically incur individual fees for each record, such as $10 to $26.25 for criminal background checks. Partnering with a CRA often reduces costs and increases efficiency, with customizable packages starting at $10.

Illinois Background Check Laws

Illinois employers must comply with state background check laws, including:

• Ban-the-Box Laws: Both public and private employers are prohibited from asking about criminal history on job applications and must delay such inquiries until after a conditional offer or interview.
• Illinois Human Rights Act (IHRA): Employers cannot use arrest records or unrelated convictions to deny employment unless a “substantial relationship” to the job exists or the applicant poses a risk to workplace safety.
• Uniform Conviction Information Act (UCIA): Employers can request conviction information from the Illinois State Police but must provide a copy to the individual and allow seven days for disputes.
• Employee Background Fairness Act (EBFA): Employers must assess criminal history information individually and cannot discriminate solely based on a candidate’s record.
• Employee Credit Privacy Act: Employers cannot request credit history unless it is directly related to the job responsibilities.
• Fair Credit Reporting Act (FCRA): Employers using CRAs must follow FCRA guidelines for background checks, including providing written notice, obtaining permission, and adhering to the adverse action process.