Accessing Criminal Records
In Illinois, it is legal for private and public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.
Employers are prohibited from asking about or considering arrest records that have been expunged, pertain to charges that have been dropped or dismissed or did not lead to conviction may not access sealed records, or require candidates to disclose details regarding arrests or convictions that were expunged from their criminal record. In fact, employers are required to specifically inform candidates that they are under no obligation to share any information regarding expunged charges.
In 2021, the Illinois Human Rights Act was amended and placed restrictions on the use of conviction records when employers make employment decisions. Under this law, employers cannot use convictions to make hiring decisions unless a substantial relationship exists between the conviction and the job or when hiring the person would create an unreasonable risk to the safety of the workplace or property.
Employers must consider the following six factors when determining whether there is a substantial relationship between the conviction and the job:
- How long ago the conviction occurred
- How many convictions the person has
- The severity and nature of the conviction and how it relates to the safety of others
- The facts and circumstances of the conviction
- How old the applicant was when the conviction happened
- Any efforts made to rehabilitate
If the employer determines there is a substantial relationship between the conviction and the job, the employer must then go through an adverse action procedure that is similar to what is required under the FCRA.
Ban the Box Policies – Illinois
Illinois passed a “ban-the-box law” to limit an employer’s access to an applicant’s criminal background until late in the application process for businesses with at least 15 employees. Businesses may be exempt from this requirement if they are required by law to exclude job applicants who have certain criminal convictions on their record.
According to the Illinois Job Opportunities for Qualified Applicants Act, an employer may not perform a background check of a job candidate’s criminal history until a conditional job offer has been made to the prospective new hire or the candidate has been determined as qualified for the position with an interview already scheduled.
Local ban-the-box laws apply to both public and private sector employers in the city of Chicago.
