Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Illinois: Key Requirements
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Ban the Box / Fair Chance Hiring
Employers and employment agencies with 15 or more employees may not inquire about, consider, or require disclosure of an applicant's criminal record or history until the applicant has been determined qualified for the position and notified of an interview, or, if there is no interview, until after a conditional offer of employment. Limited exceptions apply where federal or state law requires exclusion of applicants with certain convictions, where a fidelity bond is required, or for positions licensed under the Emergency Medical Services Systems Act.
Criminal Record Lookback Period
Illinois has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Illinois has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Illinois provides broad mechanisms for sealing and expunging eligible arrest and conviction records. Employers may not use or require disclosure of a record that has been expunged, sealed, or impounded, except in limited circumstances where a background check involving sealed felony convictions is otherwise required by applicable state or federal law.
Salary History Ban
Employers may not screen applicants based on current or prior wage or salary history, may not request or require wage or salary history as a condition of being considered, interviewed, or offered employment or compensation, and may not seek wage or salary history from a current or former employer.
Credit Report Restrictions
Employers may not order a credit report, inquire about an applicant's or employee's credit history, or discriminate based on credit history or a credit report, unless a satisfactory credit history is an established bona fide occupational requirement of the position, such as one involving management responsibilities, custody of or unsupervised access to cash or marketable assets of $2,500 or more, or access to confidential or financial information or trade secrets. Financial institutions, insurance businesses, and certain law enforcement employers are exempt.
Bankruptcies
Illinois has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Illinois has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Illinois has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Cannabis is a lawful product under Illinois' Right to Privacy in the Workplace Act, which generally prohibits an employer from refusing to hire or discharging an individual for lawful off duty use. However, a separate provision of the Cannabis Regulation and Tax Act allows employers to maintain reasonable zero tolerance or drug free workplace policies, conduct drug testing, and take adverse action, including based on a positive test result, and courts have held this provision largely displaces the off duty use protection specifically for cannabis.
Pre-Adverse Action Notice & Waiting Period
Before taking final adverse action based on a criminal conviction, an employer must notify the applicant or employee of the specific basis for the potential decision, provide a copy of the criminal history report relied upon, and give the individual at least 5 business days to submit information demonstrating that the disqualification is inaccurate or providing mitigating circumstances before finalizing the decision.
Adverse Action Notice Requirements
If an employer decides not to hire or to take adverse action against an applicant or employee based in whole or in part on a criminal conviction record, the employer must inform the individual of that basis in writing at the time the decision is communicated.
Authorization Requirements
Illinois has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
An employer may not use a criminal conviction record as a basis for an employment decision unless there is a substantial relationship between the offense and the position sought or held, or unless granting or continuing employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. The employer must consider factors including the length of time since the conviction, the number of convictions, the nature of the offense and its relationship to the job duties, and evidence of rehabilitation.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
Chicago, IL Applies to All Employers Fair Chance Hiring Ordinance
Chicago's Fair Chance Hiring ordinance applies to employers of any size with at least one employee working within the city, extending beyond the state law's 15 employee threshold. Employers may not use an arrest record, a juvenile record, or an expunged or sealed record as a basis for any employment decision, and must conduct a mandatory individualized assessment, provide pre-adverse action notice, and provide a final adverse action notice before taking adverse action based on a conviction.
Cook County, IL Applies to All Employers Human Rights Ordinance
Cook County's Human Rights Ordinance includes criminal history among the protected classes covered by its general employment discrimination provisions, alongside race, sex, and other characteristics, and applies to private employers within the county. Cook County also separately prohibits employers from inquiring into or discriminating based on an applicant's or employee's credit history or credit report.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Illinois is one of the more heavily regulated states for background checks. To stay compliant:
Do not ask about or seek an applicant's wage or salary history If you have 15 or more employees, do not inquire about criminal history until the applicant is deemed qualified and notified of an interview, or, absent an interview, until after a conditional offer; in Chicago, treat every employer regardless of size as covered, since the city ordinance applies at one employee Do not order a credit report or inquire about credit history unless a satisfactory credit history is a bona fide occupational requirement of the specific position Confirm any criminal record returned has not been expunged, sealed, or impounded before considering it Before denying employment based on a conviction, confirm a substantial relationship to the job duties or an unreasonable risk to safety, considering time elapsed, number of convictions, and evidence of rehabilitation Provide written notice of the specific conviction relied upon, a copy of the criminal history report, and at least five business days for the applicant to respond before finalizing an adverse decision Do not take adverse action based on an applicant's or employee's off duty use of cannabis alone, but recognize that a documented zero tolerance or drug free workplace policy, applied through drug testing, remains enforceableNon-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Illinois Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Illinois law.