Ban The Box

The Illinois Ban the Box law applies to state employers with fifteen or more employees. Employers may inquire about criminal records after an interview or a conditional offer is extended. Job applications may not include questions about arrests or convictions.

Exemptions exist for positions in which federal or state law requires employers to exclude applicants who have any type of criminal record or the position requires the applicant to obtain a bond and having a criminal record would prevent the person from obtaining that bond.

If an applicant is found to have a criminal record, the state employer shall run an individualized assessment on the person in which they consider:

  • The nature and gravity of any offense.
  • How much time has passed.
  • The nature of the position.

Criminal Records Obtained From State Police

If a background check produced by a consumer reporting agency includes a criminal conviction record from the Illinois Department of State Police, then the agency must send the applicant a copy of that record. If anything is incorrect about the criminal record, then the applicant has seven days to file a dispute.

Consideration Of Arrest Records

Employers may not consider criminal convictions that were sealed, expunged or impounded.

Employee Credit Privacy Act

Employers may not use credit reports when making hiring decisions unless there is a bona fide occupational requirement such as:

  • State or federal law requires the person in the position to be bonded.
  • The employee would have unsupervised access to cash or materials worth $2,500 or more.
  • The position provides signatory power over business assets of $100 or more per transaction.
  • A managerial position that has control over the direction of the business.
  • The position provides access to confidential, financial or related data.
  • Another occupational requirement exists.
Backgrounds Online provides details about State Laws for informational purposes only. We do not provide legal services. Nothing on these pages or our site should be considered as legal advice or opinion.