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Illinois Background Check Laws: What Employers Need to Know
Illinois has one of the more detailed employer-facing background check statutes in the country, relevant across the state's logistics, manufacturing, and finance industries, whether you're hiring in Chicago, Springfield, or Rockford.
Ban-the-Box for Employers with 15+ Employees
Under the Job Opportunities for Qualified Applicants Act, private employers with 15 or more employees, and all employment agencies, can't ask about, require disclosure of, or consider an applicant's criminal history until the applicant has been notified of a selection for interview, or a conditional job offer has been made if there's no interview stage.
Chicago-Specific Requirements
Employers in Chicago have additional restrictions on top of the statewide law, under Executive Order 2018-1.
Detailed Pre- and Post-Adverse Action Notice Requirements
Illinois requires specific content in adverse action notices beyond the federal FCRA standard. The pre-adverse action notice must identify the disqualifying criminal record and give the candidate at least 5 business days to respond with mitigating information. The post-adverse action notice must identify the disqualifying record, explain why it's disqualifying, note whether the employer has an appeal process, and advise the candidate of their right to file a claim with the Illinois Department of Human Rights.
Credit Reports
Employers generally can't inquire about or obtain a credit report unless the employer or the specific position falls under a defined exclusion. Credit header information (name, address, and similar identifying details, without the credit history itself) is specifically permitted.
Social Media Password Protections
Employers can't request an employee's or applicant's social media username or password to gain access to their account or profile. Viewing or using information that's already publicly available on social media isn't restricted.
Workers' Compensation Records
Employers can't inquire about a candidate's past workers' compensation injuries or benefits received.
Sealed or Expunged Records
The employment application itself must state that applicants aren't required to disclose an expunged arrest or conviction.
Pass-Through Fees for Illinois Records
| Record Type | Fee |
|---|---|
| Criminal county search | Varies by county — county clerk offices each set their own record access fee |
| Criminal statewide (Illinois State Police Bureau of Identification) | $16 via mail or in-person for a Uniform Conviction Information Act name-based check, or $10 through the electronic portal for UCIA subscribers |
| Motor vehicle record | $20.00 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from Illinois Employers
Does Illinois have a Ban-the-Box law?
Yes, for employers with 15 or more employees. Criminal history can't be considered until the applicant is notified they're selected for an interview, or a conditional offer is made if there's no interview stage.
Can I use a candidate's credit report in Illinois?
Only if the employer or position falls under one of the law's specific exclusions. Otherwise credit history itself is off-limits, though basic identifying "credit header" information is permitted.
Are Chicago's rules different from the rest of Illinois?
Yes. Chicago employers have additional requirements on top of the statewide law under a 2018 executive order.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
