Illinois has the most demanding sequence around a criminal record of any state in this hub's measured band. Two statutes govern when you may ask and what you may do with the answer, a third catches employers who fingerprint, and since 2021 you must document your reasoning before rejecting anybody over a conviction. This page sets out all three in order.
You may not ask at application stage
The Job Opportunities for Qualified Applicants Act, at 820 ILCS 75, bars most private employers from inquiring into, considering, or requiring disclosure of an applicant's criminal record until the applicant has been selected for an interview or, where there is no interview, until a conditional offer has been made. That is earlier in the process than California's conditional-offer rule, and it bites on the application form itself. There are narrow exceptions, including roles where a fidelity bond is required and positions where a law excludes people with certain convictions.
Since 2021 you must show your working
Amendments to the Illinois Human Rights Act, at 775 ILCS 5/2-103.1, make it a civil rights violation to use a conviction record against an applicant or employee unless there is a substantial relationship between the offence and the job, or employment would present an unreasonable risk to property or to the safety of individuals. The statute requires an interactive assessment considering factors including the length of time since the conviction, the number of convictions, the nature of the job and any evidence of rehabilitation.
The notice sequence is longer than the federal one
Where you decide preliminarily to disqualify somebody, the Illinois statute requires written notice identifying the conviction and the reasoning, a copy of the report if one was used, and at least five business days for the applicant to respond, followed by a final written notice explaining the decision and the right to file a charge. Those sit alongside, not instead of, the FCRA pre-adverse and adverse action notices, so an Illinois rejection on a conviction generates a longer paper trail than the same rejection in Georgia. Providers differ substantially in how much of the sequence their workflow handles.
If you fingerprint, BIPA applies
The Biometric Information Privacy Act at 740 ILCS 14 governs the collection of fingerprints and other biometric identifiers, requiring written notice of the purpose and retention period, written release, and a published retention schedule. It carries a private right of action and has been among the most heavily litigated employment statutes in the country. It catches employers who never thought of themselves as running biometric screening, most commonly through fingerprint timeclocks rather than through background checks.
Questions people ask about background check illinois
When can I ask about criminal history in Illinois?
Not until the applicant has been selected for an interview, or where there is no interview, until a conditional offer. That is earlier than California's conditional-offer rule and it applies to the application form itself.
What does the Illinois Human Rights Act require before I reject someone?
A substantial relationship between the offence and the job or an unreasonable risk, established through an interactive assessment, then a written preliminary notice, at least five business days to respond, and a final written notice.
Do the Illinois notices replace the FCRA ones?
No. They sit alongside them. An Illinois rejection over a conviction produces both sets of notices, which is why the sequence takes longer here than in most states.
Does BIPA affect background screening?
It applies wherever you collect fingerprints or other biometric identifiers, which includes fingerprint-based checks and, far more commonly, fingerprint timeclocks. It requires written notice, written release and a published retention schedule.