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Illinois background check laws for employers
Illinois is one of the strictest states in the region. Employers with 15 or more employees must wait until an interview (or a conditional offer) to ask about criminal history, and every covered employer must do a six-factor assessment and give written notices before rejecting someone for a conviction. Illinois also bans asking about arrests, sealed or expunged records, and most uses of credit reports.
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Fair-chance hiring (criminal history)
- Employers with 15 or more employees may not ask about or check criminal history until the applicant is found qualified and picked for an interview, or, if there is no interview, until after a conditional offer (820 ILCS 75/10, 75/15(a)).
- The timing rule does not apply to jobs where federal or state law bars people with certain convictions, jobs that need a fidelity bond the conviction would block, or jobs needing an EMS license (820 ILCS 75/15(b)).
- Employers may tell applicants in writing which offenses will disqualify them from a job under law or company policy (820 ILCS 75/15(c)).
- The Illinois Department of Labor enforces the timing rule, starting with a written warning and then fines of up to $500 and $1,500 per violation (820 ILCS 75/20).
- An employer may not use a conviction to deny or end a job unless it is substantially related to the job or hiring would create an unreasonable risk to people or property (775 ILCS 5/2-103.1(A)).
- The Human Rights Act covers employers with one or more employees in Illinois during 20 or more weeks of the year (775 ILCS 5/2-101(B)(1)(a)).
- The employer must weigh six factors: time since the conviction, number of convictions, nature and severity, the facts of the case, the person's age at the time, and rehabilitation (775 ILCS 5/2-103.1(B)).
- Before a final decision, the employer must send a written preliminary notice naming the disqualifying convictions and its reasons, a copy of the conviction history report, and an explanation of the right to respond with evidence (775 ILCS 5/2-103.1(C)(1)).
- The person gets at least 5 business days to respond, and the employer must consider the response (775 ILCS 5/2-103.1(C)(2)-(3)).
- A final written notice must name the convictions and reasons, any internal way to challenge the decision, and the right to file a charge with the Illinois Department of Human Rights (775 ILCS 5/2-103.1(C)(3)).
City and county rules
- Chicago: a 2023 amendment requires all Chicago employers to use the same six-factor test and give a preliminary notice with a copy of the record, at least 5 business days to respond, and a final notice with the right to file a complaint with the Chicago Commission on Human Relations (Chicago Mun. Code 6-10-054, as amended by O2023-1329, passed April 19, 2023).
- Chicago: the same 2023 amendment removed the city's own interview-stage timing rule for employers not covered by the state act, so the timing rule in Chicago now comes from state law for employers with 15 or more employees (Chicago Mun. Code 6-10-054, O2023-1329).
- Chicago: employers may not ask about or use arrests, juvenile records, or sealed or expunged records (Chicago Mun. Code 6-10-020, 6-10-054(a)).
- Cook County: employers not covered by the state timing law may not ask about criminal history until the applicant is picked for an interview or, if there is no interview, gets a conditional offer, with exceptions for legally required checks, bonded jobs, and EMS jobs (Cook County Code 42-35(h)).
State consumer report rules
- No Illinois law was found that adds disclosure, consent, or copy-of-report steps for employment background checks beyond the federal FCRA.
How far back a report can go
- No Illinois limit was found on how many years back a background report may go for convictions.
- Employers may not ask about or use arrests that did not lead to a conviction, juvenile records, or records that were sealed, expunged, or impounded (775 ILCS 5/2-103(A); 775 ILCS 5/1-103(B-5)).
- An employer may still use other information showing the person actually did the conduct behind an arrest (775 ILCS 5/2-103(B)).
- Employers required by law to run checks may still request sealed felony conviction information from the Illinois State Police (775 ILCS 5/2-103(A)).
Credit checks
- Most employers may not ask about credit history, order a credit report, or make job decisions based on credit (820 ILCS 70/10(a)).
- A credit check is allowed only when good credit is a bona fide job requirement, such as bonded jobs, access to $2,500 or more in cash or assets, signing authority of $100 or more per transaction, managers, or access to confidential or financial information (820 ILCS 70/10(b)).
- Banks, credit unions, insurers, debt collectors, and some government agencies are not covered (820 ILCS 70/5).
- A person harmed by a violation may sue for damages and attorney fees (820 ILCS 70/25).
- Cook County also bars most employers from asking about credit history or ordering credit reports (Cook County Code 42-35(g)).
Also good to know
- Health care employers and long-term care facilities must run a fingerprint-based check through the state Health Care Worker Registry, and listed convictions bar direct-care work unless a waiver is granted (225 ILCS 46/25, 46/33).
Common questions
Can Illinois employers run a background check?
Illinois is one of the strictest states in the region. Employers with 15 or more employees must wait until an interview (or a conditional offer) to ask about criminal history, and every covered employer must do a six-factor assessment and give written notices before rejecting someone for a conviction. Illinois also bans asking about arrests, sealed or expunged records, and most uses of credit reports.
Does Illinois have a ban-the-box law for private employers?
Employers with 15 or more employees may not ask about or check criminal history until the applicant is found qualified and picked for an interview, or, if there is no interview, until after a conditional offer (820 ILCS 75/10, 75/15(a)).
How far back does a background check go in Illinois?
No Illinois limit was found on how many years back a background report may go for convictions.
Can Illinois employers run credit checks on applicants?
Most employers may not ask about credit history, order a credit report, or make job decisions based on credit (820 ILCS 70/10(a)).
Some rules for Illinois weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- 775 ILCS 5/2-103.1 conviction record (ILGA official)
- 775 ILCS 5/2-103 arrest record (ILGA official)
- 775 ILCS 5/1-103 definitions (ILGA official)
- 775 ILCS 5/2-101 employer definition (ILGA official)
- 820 ILCS 75/10 definitions, 15+ employees (ILGA official)
- 820 ILCS 75/15 pre-screening timing (ILGA official)
- 820 ILCS 75/20 enforcement (ILGA official)
- 820 ILCS 70/5 Employee Credit Privacy Act definitions (ILGA official)
- 820 ILCS 70/10 credit history ban (ILGA official)
- 820 ILCS 70/25 remedies (ILGA official)
- 225 ILCS 46/25 health care worker disqualifying offenses (ILGA official)
- 225 ILCS 46/33 fingerprint check (ILGA official)
- Chicago O2023-1329 amending Mun. Code 6-10-054 (City Clerk eLMS, passed version PDF)
- Chicago O2023-1329 record (City Clerk eLMS API)
- Cook County Code ch. 42 art. II, Sec. 42-35 (Municode, linked from cookcountyil.gov)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.