IL · state guide

Illinois background screening law

What is different here

  • The two hiring-record rules have different thresholds and the stricter one covers almost everyone. 775 ILCS 5/2-103.1 makes it "a civil rights violation for any employer, employment agency or labor organization to use a conviction record ... as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment (whether "disqualification" or "adverse action"), unless" a substantial relationship exists between the offense and the job, or the employment would involve an unreasonable risk to property or to the safety or welfare of others. That rule applies from one employee, because 775 ILCS 5/2-101(B) defines "Employer" to include "Any person employing one or more employees within Illinois during 20 or more calendar weeks", plus the State and every political subdivision "without regard to the number of employees". The ban-the-box inquiry rule at 820 ILCS 75/15 starts much later, at fifteen employees, and reaches only a "person or private entity", so public employers are outside it entirely.
  • The interactive assessment is statutory and has a five business day floor. Section 2-103.1(C) requires that a preliminary decision to disqualify be given to the employee in writing with "the employer's reasoning for the disqualification", "a copy of the conviction history report, if any", and an explanation of the right to respond, and then provides that "The employee shall have at least 5 business days to respond to the notification provided to the employee before the employer may make a final decision." A final decision requires a second written notice carrying the reasoning, any existing challenge procedure, and "the right to file a charge with the Department". That is a longer and more specific document set than the federal pre-adverse action notice, and the five day floor is fixed rather than reasonable.
  • Illinois restricts employment credit checks. 820 ILCS 70/10 bars an employer from refusing to hire or otherwise discriminating "because of the individual's credit history or credit report", from inquiring about credit history, and from ordering or obtaining a credit report, unless a satisfactory credit history is "an established bona fide occupational requirement", which requires one of seven listed circumstances, including custody of or unsupervised access to cash or marketable assets "valued at $2,500 or more" and "signatory power over business assets of $100 or more per transaction". Section 20 provides that an agreement to waive any right under the Act "is invalid and unenforceable".
  • The state conviction file is open to public inspection by statute, and the agency itself states what is missing from it. 20 ILCS 2635/5 provides that all conviction information "shall be open to public inspection in the State of Illinois", and the UCIA definition of "Requester" reaches "any private individual, corporation, organization, employer, employment agency, labor organization, or non-criminal justice agency" with no permissible-purpose gate. The Illinois State Police states the limits in its own guide: arrest transactions ending in acquittal "can not be disseminated to non-criminal justice entities", an arrest with no obtainable court disposition "is also not disseminated", charges "that are dismissed or where supervision is received are not conviction information", and class C misdemeanors, local ordinances and many traffic offenses "are not mandated to be reported so these charges may not be available; however, if these offenses are reported, they may be disseminated".
  • Chicago runs a second regime on top of the state one. MCC 6-10-053 and 6-10-054, published by the Commission on Human Relations, bar any inquiry into or use of an arrest record, repeat the state substantial-relationship and unreasonable-risk tests, and require the same two written notices with "at least 5 business days to respond". The difference that matters most is in the final notice: the state requires notice of "the right to file a charge with the Department" and Chicago requires notice of "the right to file a complaint with the Commission". The ordinance reaches an entity licensed under Title 4 or maintaining a business facility within the city, and states that the City and its sister agencies qualify as employers.

How the courts here are organized

Illinois has one court of original jurisdiction and it is organized by circuit, not by county. The Judiciary states it plainly: "In Illinois, the circuit court is the court of original jurisdiction. There are 25 judicial circuits in the state, of which seven are single county circuits (Cook, DuPage, Kane, Lake, McHenry, St. Clair and Will). and the remaining eighteen circuits comprise as few as two and as many as twelve counties each." There are 102 counties and 25 circuits, so a circuit is usually a group of counties and a county is usually a subdivision of a circuit.

The court is administered by a chief judge and staffed by two kinds of judge. "Each circuit is administered by a chief judge who is elected by vote of the circuit court judges of that circuit." And: "There are two types of judges in the circuit court: circuit judges and associate judges. Circuit judges are elected for a six-year term ... Associate judges are appointed by circuit judges of that circuit, pursuant to Supreme Court Rule 39, for four-year terms." The circuit court's jurisdiction is general: "Except for redistricting of the general assembly and ruling on the ability of the governor to serve or resume office, the circuit court has jurisdiction for all matters properly brought before it. The circuit court shares jurisdiction with the Supreme Court to hear cases relating to revenue, mandamus, prohibition, and habeas corpus."

The records, however, are kept by county. "In each county, voters elect a circuit clerk for a four-year term. Circuit clerks, with help from deputy clerks hired by the circuit clerk, attend sessions of the court, preserve court files and documents, maintain complete records of all cases, and maintain records of money received and disbursed related to these cases." The clerk is a county officer, elected by county voters, holding that county's court files. That is why an Illinois search runs county by county even though the court is organized by circuit, and why a circuit that spans several counties does not give a single place to look.

The same structure decides what the state repository can hold. Under 20 ILCS 2630/2.1 the reporting duty is distributed across the bodies that touch each event: policing bodies furnish fingerprints, charges and descriptions daily; the State's Attorney of each county reports charges filed and charges not filed; and "The clerk of the circuit court of each county shall furnish the Illinois State Police, in the form and manner required by the Supreme Court, with all final dispositions of cases", within the general deadline that all of it be reported "within 30 days of the criminal history event". A disposition that the county clerk does not forward to the State Police is a disposition the state record will not carry, and the agency says so in its own guide: "Conviction information that is not reported to us. While we attempt to retrieve missing court dispositions, we are not always able to get this information."

Two statewide services sit on top of the county filing offices. The Judiciary lists re:SearchIL as the "Statewide Document Repository" under the heading "Remote Access to Reviewing Court Documents", and lists attorney sign-in separately as "Sign-in and Access Documents (currently attorneys only)". eFileIL is listed as "Statewide e-filing". The repository is a document review route rather than a criminal history, and the useful structural point for a search is that a disposition lives in the county that produced it, is reported to the State Police by that county's circuit clerk, and appears on a statewide docket or filing system only to the extent that system reaches that county's documents.

Court structure in Illinois
Court of original jurisdictionThe circuit court
Judicial circuits25
Single-county circuits7: Cook, DuPage, Kane, Lake, McHenry, St. Clair, Will
Multi-county circuits18, from two to twelve counties each
Counties102
County trial courtsNone; the circuit court is the trial court
Circuit administrationChief judge elected by the circuit court judges of that circuit
Circuit judgesElected, six-year terms
Associate judgesAppointed by the circuit judges under Supreme Court Rule 39, four-year terms
Records held byThe circuit clerk of each county, elected to a four-year term
Statewide document repositoryre:SearchIL, "Statewide Document Repository"
Attorney access"Sign-in and Access Documents (currently attorneys only)"
Statewide e-filingeFileIL
State repositoryIllinois State Police, Bureau of Identification
Repository statute20 ILCS 2635, the Uniform Conviction Information Act
Disposition reporting dutyThe circuit clerk of each county, to the State Police, within 30 days
Non-criminal-justice submissionsA fee applicant fingerprint card or a UCIA request, and nothing else
Name checkNot a positive identification; fingerprints required for the correct record
FBI recordNot available for non-criminal-justice purposes absent statutory authorization
Sealed record inquiryAnswered as though no records ever existed

The state repository is not a charge file and the agency says which parts are missing. From the Illinois State Police "Guide to Understanding Criminal History Record Check Information": "Most non-criminal justice entities that submit criminal history information inquiries to the BOI are only authorized to receive conviction information pursuant to state law." Then the exclusions, in the agency's own words: "Arrests transactions which result in a court finding of not guilty or an acquittal can not be disseminated to non-criminal justice entities. If the BOI is unable to obtain a court disposition for an arrest transaction, that arrest is also not disseminated to non-criminal justice entities." And: "ISP is mandated to provide conviction information only (charges that are dismissed or where supervision is received are not conviction information)." A report that shows an arrest that is still pending, or that shows nothing where a dismissal is expected, is reading a file that is built this way on purpose.

The reporting gate cuts the other way for lesser offenses, and that asymmetry is the practical problem with an Illinois name check. The same guide: "Charges that are reportable to ISP include felonies, class A and B misdemeanors, DUI charges, aggravated fleeing and eluding and anti-theft laws. Class C misdemeanors, local ordinances, and numerous traffic offenses are not mandated to be reported so these charges may not be available; however, if these offenses are reported, they may be disseminated." The statute behind it is 20 ILCS 2630/5, which requires agencies to furnish fingerprints and descriptions for "offenses that are classified as felonies and Class A or B misdemeanors", excludes moving and non-moving traffic violations except Chapter 4, §11-204.1 or §11-501, and excludes conservation offenses classified as Class B misdemeanors. So a class C misdemeanor or a municipal ordinance violation is not mandated in, but a class C misdemeanor or municipal ordinance violation that someone did report is available. Availability is therefore a function of what a police agency happened to submit, not of the offense class alone.

A name result is a candidate list and the agency is explicit that it is not an identification. "Responses to name checks are not based on positive identification. Consequently, such responses do not preclude the existence of a record under other personal identifiers." / "If a name check is submitted with personal identifiers which do not match the personal identifiers maintained in the CHRI database, the correct record might not be disseminated." / "A name inquiry has the potential of producing multiple "hits". ... Fingerprints will be required to obtain the correct criminal history data." / "The ISP CHRI database contains over 30 million names." The completeness statement in 20 ILCS 2635/10 is available only on the fingerprint route: it issues "When fingerprint identification accompanies a request for conviction information maintained by the Illinois State Police", and it certifies both that the information "positively pertains to the individual whose fingerprints were submitted" and that the response "contains all the conviction information that has been reported to the Illinois State Police pursuant to Section 2.1 of the Criminal Identification Act". A name-based response has no counterpart statement, which is why a name result cannot be reported to a client as a complete Illinois record.

There are two non-criminal-justice fingerprint routes and they behave differently. "For non-criminal justice purposes, the only submissions that can be submitted are a Fee Applicant fingerprint card or a Uniform Conviction Information Act (UCIA) request." The fee schedule prices them at "Uniform Conviction Information Act Requests | Name-based Inquiry | $16.00" and "Fingerprint Card | $20.00". Retention differs: "Name inquiries are not retained on the CHRI database. Fee applicant fingerprint inquires are retained on the CHRI database. Uniform Conviction Information Act fingerprint inquiries are not retained on the CHRI database." And the federal database is closed on this route: asked "Is my Uniform Conviction Information Request inquiry checked against the FBI's national criminal history database?", the guide answers "No, ISP is not permitted to check the FBI's national criminal history database for non-criminal justice purposes unless authorized by statute." A UCIA check is therefore an Illinois-only conviction check, and the page does not treat it as anything else.

Sealing changes the answer rather than the file. Under 20 ILCS 2630/5.2(d)(9)(C), on an order to seal, the arresting agency, the State Police and the court "shall seal the records", and "In response to an inquiry for such records, from anyone not authorized by law to access such records, the court, the Illinois State Police, or the agency receiving such inquiry shall reply as it does in response to inquiries when no records ever existed." The same formula governs expunged records. The agency confirms the effect on its own file: "If a subject has his or her record expunged, that information is no longer maintained by the BOI." So a sealed or expunged matter does not come back labeled as sealed; it comes back as a clean answer, and a search that finds the matter in a county file or a news archive is holding material the state has been instructed to deny exists.

The one place the state does allow sealed material to be used is narrow and is stated twice. 775 ILCS 5/2-103(A) provides that the arrest-record prohibition "does not prohibit a State agency, unit of local government or school district, or private organization from requesting or utilizing sealed felony conviction information obtained from the Illinois State Police under the provisions of Section 3 of the Criminal Identification Act or under other State or federal laws or regulations that require criminal background checks in evaluating the qualifications and character of an employee or a prospective employee", and MCC 6-10-054(a)(1) repeats it for Chicago. Sealing under 5.2(a)(1)(K) means the records are maintained but made "unavailable without a court order, subject to the exceptions in Sections 12 and 13 of this Act", so sealed material still exists in the State Police file and the exception list is what governs whether it can be reached. Expunged material is different: the definition at 5.2(a)(1)(E) is physical destruction or return to the petitioner with the name obliterated from any official index or public record.

The routing conclusion is that an Illinois answer has to say which of three channels produced it. A State Police name check is a candidate list of conviction information with no completeness statement, no FBI content, and a known gap for offenses that were never mandated into the file. A UCIA fingerprint request is an Illinois-only conviction record carrying the 20 ILCS 2635/10 completeness statement, which is the strongest statement the state issues to a non-criminal-justice requester. A court search is a county file, kept by an elected circuit clerk in one of 102 counties, sitting in one of 25 circuits, and for a matter that ended in supervision or a dismissal it may hold something the State Police record does not carry at all.

The federal baseline

Federal law sets the floor here as it does everywhere. It is at 15 U.S.C. §1681 et seq., it binds the agency and the employer separately, and it does not vary by state. The FCRA article covers it section by section, including the seven-year limits, the salary threshold and the adverse action sequence, so that this page does not restate any of it.

What follows is only the overlay: what Illinois adds on top of that floor, and where it departs from it.

What Illinois law adds

Ban-the-box, private sector

820 ILCS 75, the Job Opportunities for Qualified Applicants Act, bars an employer or employment agency from inquiring about, considering or requiring disclosure of an applicant's criminal record or criminal history "until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview by the employer or employment agency or, if there is not an interview, until after a conditional offer of employment is made". That is an interview-stage trigger for positions with an interview and a conditional-offer trigger for those without, and it is earlier than a pure post-offer rule. Three exceptions apply: positions where employers are required by federal or State law to exclude applicants with certain convictions; positions requiring a standard fidelity bond or equivalent where a listed offense would disqualify the applicant from the bond; and employers of individuals licensed under the Emergency Medical Services (EMS) Systems Act. The Act also permits an employer to notify applicants in writing of the specific offenses that will disqualify, which is a form of advance notice rather than a permission to ask.

820 ILCS 75/15 · 820 ILCS 75/10 · 820 ILCS 75/5

Ban-the-box, public sector

Not covered by JOQAA. Section 10 defines "Employer" as "any person or private entity that has 15 or more employees in the current or preceding calendar year, and any agent of such an entity or person", and the words "private entity" exclude government bodies from the Act. Public employers are not outside Illinois hiring-record law, however, because the conviction-record rule at 775 ILCS 5/2-103.1 reaches them through 775 ILCS 5/2-101(B)(c), which includes "The State and any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees", and (B)(d), which includes any party to a public contract without regard to size. A state agency or municipality is therefore covered by the use rule from its first employee and not covered by the question rule at all.

820 ILCS 75/10 · 775 ILCS 5/2-101(B) · 775 ILCS 5/2-103.1

Conviction record use

Regulated. 775 ILCS 5/2-103.1 makes it a civil rights violation to use a conviction record as a basis for any employment action unless a substantial relationship exists between the offense and the employment, or the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. Six factors must be considered, and a preliminary decision to disqualify triggers a written notice with the employer's reasoning and a copy of the report, a response window of "at least 5 business days", and a final written notice with the reasoning and the right to file a charge with the Department. "Conviction record" is defined at 775 ILCS 5/1-103(G-5) as "information indicating that a person has been convicted of a felony, misdemeanor or other criminal offense, placed on probation, fined, imprisoned, or paroled pursuant to any law enforcement or military authority".

775 ILCS 5/2-103.1 · 775 ILCS 5/1-103(G-5) · 775 ILCS 5/2-101(B)

Arrest records

Barred, with two openings. 775 ILCS 5/2-103 makes it a civil rights violation to inquire into or use "an arrest record" as a basis for an employment action, and 775 ILCS 5/1-103(B-5) defines an arrest record to include an arrest not leading to a conviction, a juvenile record, and "criminal history record information ordered expunged, sealed, or impounded under Section 5.2 of the Criminal Identification Act". The first opening is the sealed-felony carve-out: the section "does not prohibit a State agency, unit of local government or school district, or private organization from requesting or utilizing sealed felony conviction information obtained from the Illinois State Police under the provisions of Section 3 of the Criminal Identification Act or under other State or federal laws or regulations that require criminal background checks in evaluating the qualifications and character of an employee or a prospective employee". The second is at subsection (B): the prohibition "shall not be construed to prohibit an employer, employment agency, or labor organization from obtaining or using other information which indicates that a person actually engaged in the conduct for which he or she was arrested".

775 ILCS 5/2-103 · 775 ILCS 5/1-103(B-5)

Interactive assessment and adverse action

Statutory, with a fixed floor and two written notices. 775 ILCS 5/2-103.1(C) requires a written preliminary decision notice carrying the disqualifying conviction or convictions, "the employer's reasoning for the disqualification", a copy of the conviction history report if any, and an explanation of the right to respond that names both accuracy challenges and mitigation evidence. The employee then has "at least 5 business days to respond to the notification provided to the employee before the employer may make a final decision", and the employer "shall consider information submitted by the employee". A final decision to disqualify or take adverse action solely or in part because of the conviction record requires a second written notice carrying the reasoning, any existing challenge or reconsideration procedure, and "the right to file a charge with the Department". The state agency named in the notice is the Department; in Chicago, MCC 6-10-054(d)(3)(C) names the Commission instead.

775 ILCS 5/2-103.1(C) · Municipal Code of Chicago 6-10-054(d)

Credit checks

Restricted. 820 ILCS 70/10, the Employee Credit Privacy Act, bars an employer from failing or refusing to hire, discharging or otherwise discriminating against an individual with respect to employment, compensation or a term, condition or privilege of employment "because of the individual's credit history or credit report", from inquiring about an applicant's or employee's credit history, and from ordering or obtaining a credit report from a consumer reporting agency. The exception requires that a satisfactory credit history be "an established bona fide occupational requirement", which is not satisfied unless at least one of seven circumstances is present: bonding or other security required by State or federal law; duties including "custody of or unsupervised access to cash or marketable assets valued at $2,500 or more"; duties including "signatory power over business assets of $100 or more per transaction"; a managerial position "which involves setting the direction or control of the business"; access to personal or confidential information, financial information, trade secrets, or State or national security information; criteria in administrative rules of the U.S. or Illinois Department of Labor; or the credit history being "otherwise required by or exempt under federal or State law". Waiver is prohibited and void under 820 ILCS 70/20.

820 ILCS 70/10 · 820 ILCS 70/20

Automated hiring decisions

Regulated as of 1 January 2026. P.A. 103-804 (HB 3773) added subsection (L) to 775 ILCS 5/2-102, making it a civil rights violation, with respect to the listed employment actions, for an employer "to use artificial intelligence that has the effect of subjecting employees to discrimination on the basis of protected classes under this Article or to use zip codes as a proxy for protected classes under this Article", and separately "to fail to provide notice to an employee that the employer is using artificial intelligence for the purposes described in paragraph (1)". The notice provision is expressly left to Department rulemaking: "The Department shall adopt any rules necessary for the implementation and enforcement of this subdivision, including, but not limited to, rules on the circumstances and conditions that require notice, the time period for providing notice, and the means for providing notice." The definitions are at 775 ILCS 5/2-101(M) and (N), and "Artificial intelligence" is defined to "include generative artificial intelligence". The source note on the section reads "(Source: P.A. 103-797, eff. 1-1-25; 103-804, eff. 1-1-26; 104-417, eff. 8-15-25.)".

775 ILCS 5/2-102(L) · 775 ILCS 5/2-101(M) · 775 ILCS 5/2-101(N)

Cannabis

Off-duty use protected, and zero-tolerance policies expressly preserved alongside it. 410 ILCS 705/10-50(a) preserves "reasonable zero tolerance or drug free workplace policies, or employment policies concerning drug testing, smoking, consumption, storage, or use of cannabis in the workplace or while on call provided that the policy is applied in a nondiscriminatory manner"; (b) creates no duty to permit use at the workplace or while on call; (c) permits discipline or termination for a policy violation; and (e) creates no cause of action, naming "discipline, termination of employment, or withdrawal of a job offer due to a failure of a drug test". Subsection (d) is the operating constraint: an employer may determine in good faith that an employee is under the influence or impaired based on "specific, articulable symptoms", but "If an employer elects to discipline an employee on the basis that the employee is under the influence or impaired by cannabis, the employer must afford the employee a reasonable opportunity to contest the basis of the determination." "Workplace" is defined at (h) and "on call" at (i) by reference to 24 hours' notice, and (g) preserves federal and State restrictions including 49 CFR 40.151(e).

410 ILCS 705/10-50(a) · 410 ILCS 705/10-50(d) · 410 ILCS 705/10-50(e) · 410 ILCS 705/10-50(i)

Lookback limits

No reporting lookback was located in any Illinois screening, credit-reporting or criminal-records instrument read in full. Neither 775 ILCS 5/2-103 nor 2-103.1 imposes an age limit on the convictions that may be used, 820 ILCS 70 contains no reporting window and instead bars the inquiry outright subject to the seven circumstances, and 20 ILCS 2635 sets no age limit on conviction information. Illinois's mechanism for old records is sealing and expungement under 20 ILCS 2630/5.2 rather than a time limit on reporting. This is stated as a finding about the instruments read in full on this pass rather than as a categorical statement about the Illinois Compiled Statutes.

775 ILCS 5/2-103.1 · 820 ILCS 70/10 · 20 ILCS 2635/5 · 20 ILCS 2630/5.2

Non-conviction records

Kept out of the state record by definition rather than by direction to the employer. Under 20 ILCS 2630/5.2(a)(1)(C), "An order of supervision successfully completed by the petitioner is not a conviction", and an order of qualified probation successfully completed is not a conviction either, while an order terminated unsatisfactorily is one unless the termination is reversed, vacated or modified. UCIA makes the same carve-out for supervision: under 20 ILCS 2635/3(F), "For purposes of this Act, continuances to a date certain in furtherance of an order of supervision granted under Section 5-6-1 of the Unified Code of Corrections ... shall not be deemed "conviction information"." The State Police restates it operationally: "ISP is mandated to provide conviction information only (charges that are dismissed or where supervision is received are not conviction information)", and neither an acquittal nor an arrest with no obtainable court disposition "can be disseminated to non-criminal justice entities". Solicitation of an arrest record in a hiring decision is separately barred by 775 ILCS 5/2-103.

20 ILCS 2630/5.2(a)(1)(C) · 20 ILCS 2635/3(F) · 775 ILCS 5/2-103 · Illinois State Police, Guide to Understanding Criminal History Record Check Information

Sealing and expungement

A structured scheme with waiting periods, three automatic mechanisms, and a non-disclosure reply that is stronger than a restriction on use. Under 20 ILCS 2630/5.2, arrests resulting in release without charging and arrests or charges resulting in acquittal, dismissal or a reversed or vacated conviction "may be sealed at any time"; records resulting in successfully completed supervision may be sealed two years after the termination of the last sentence; and records resulting in convictions, including municipal ordinance violations, may be sealed three years after the termination of the last sentence, with registration offenses barred until registration ends. Acquittals and dismissals with prejudice may be sealed immediately under subsection (g) if the petition is filed at the disposition hearing. The automatic mechanisms in the text read are the cannabis citation expungements at (a)(2.5), the automatic Minor Cannabis Offense expungement at (i)(1) with deadlines of 1 January 2021, 2023 and 2025, and the automatic sealing of class 4 felony prostitution arrests and convictions at (j), to be "completed no later than January 1, 2028". The effect of expungement is stated at (i)(10): "The effect of an order of expungement shall be to restore the person to the status he or she occupied before the arrest, charge, or conviction."

20 ILCS 2630/5.2(c) · 20 ILCS 2630/5.2(d)(9)(C) · 20 ILCS 2630/5.2(g) · 20 ILCS 2630/5.2(i)(1) · 20 ILCS 2630/5.2(j)

State repository

The Illinois State Police Bureau of Identification holds the state file, and the Uniform Conviction Information Act opens it. UCIA, 20 ILCS 2635/5: "All conviction information mandated by statute to be collected and maintained by the Illinois State Police shall be open to public inspection in the State of Illinois." Section 3 defines "Requester" to include "any private individual, corporation, organization, employer, employment agency, labor organization, or non-criminal justice agency that has made a request pursuant to this Act", with no permissible-purpose gate in the definitions read. Section 4 limits the Act to information "mandated by statute to be reported to or to be collected, maintained, or disseminated by the Illinois State Police". The completeness statement at Section 10 issues only "When fingerprint identification accompanies a request for conviction information maintained by the Illinois State Police", and certifies that the information "positively pertains to the individual whose fingerprints were submitted" and that the response "contains all the conviction information that has been reported to the Illinois State Police pursuant to Section 2.1 of the Criminal Identification Act". The Bureau describes itself as maintaining "records relating to more than five million fingerprint files" and is a restricted-access facility in Joliet.

20 ILCS 2635/5 · 20 ILCS 2635/3 · 20 ILCS 2635/4 · 20 ILCS 2635/10 · Illinois State Police, Bureau of Identification

Fingerprint routes and the federal database

Two routes exist for a non-criminal-justice submission and the federal database is closed to both unless a statute opens it. The State Police guide: "For non-criminal justice purposes, the only submissions that can be submitted are a Fee Applicant fingerprint card or a Uniform Conviction Information Act (UCIA) request." The published fee schedule prices a UCIA name-based inquiry at $16.00 and a fingerprint card at $20.00. Retention differs by route: "Name inquiries are not retained on the CHRI database. Fee applicant fingerprint inquires are retained on the CHRI database. Uniform Conviction Information Act fingerprint inquiries are not retained on the CHRI database." On the federal question the guide answers directly: "No, ISP is not permitted to check the FBI's national criminal history database for non-criminal justice purposes unless authorized by statute." A state check obtained on either route therefore carries Illinois conviction information and no federal content.

Illinois State Police, Bureau of Identification, Fee Schedule · Illinois State Police, Guide to Understanding Criminal History Record Check Information

Court structure and record access

Illinois has a single court of original jurisdiction organized into 25 circuits, with county-level record keeping. The Judiciary: "In Illinois, the circuit court is the court of original jurisdiction. There are 25 judicial circuits in the state, of which seven are single county circuits (Cook, DuPage, Kane, Lake, McHenry, St. Clair and Will). and the remaining eighteen circuits comprise as few as two and as many as twelve counties each." Records are held by an officer elected per county: "In each county, voters elect a circuit clerk for a four-year term. Circuit clerks, with help from deputy clerks hired by the circuit clerk, attend sessions of the court, preserve court files and documents, maintain complete records of all cases". re:SearchIL is listed as the "Statewide Document Repository" under remote access to reviewing court documents, with attorney sign-in listed separately as "currently attorneys only", and eFileIL is listed as statewide e-filing. Dispositions reach the State Police through the circuit clerk of each county under 20 ILCS 2630/2.1, within 30 days of the event.

Illinois Courts, Circuit Court · 20 ILCS 2630/2.1

Social media and workplace privacy

820 ILCS 55/10, the Right to Privacy in the Workplace Act, bars an employer from inquiring whether a prospective employee "has ever filed a claim for benefits under the Workers' Compensation Act" or received such benefits, and bars requesting or requiring an employee's or applicant's personal online account credentials, demanding access to a personal online account, requiring the employee to authenticate in the employer's presence, requiring the employee to join or invite the employer to a group, retaliating for a refusal, and refusing to hire for a refusal. The employer carve-outs at (b)(2) and (3) cover information in the public domain and conduct undertaken to comply with law or a self-regulatory organization. Section 20 requires summary dismissal of a complaint whose sole cause is that the employer offered a health, disability or life insurance policy that distinguishes employees by their use of lawful products.

820 ILCS 55/10 · 820 ILCS 55/20

E-Verify

Illinois regulates the use of the federal system at the state level. 820 ILCS 55/12 places attestation duties on the employer in the Illinois Department of Labor form, requires posting of Department of Homeland Security and Office of Special Counsel notices, requires completion of a computer-based training, sets recordkeeping duties, and makes violations turn on failing to display the required notices or on using the system before the training is completed. The Department must post information on the system's accuracy, its burden and the employer's responsibilities, sourced from the Government Accountability Office and a Westat study. The archived text of the section carries the marker "(Text of Section before amendment by P.A. 103-879)", so a later amendment exists that this pass did not read.

820 ILCS 55/12

The statute that surprises people

The conviction-record rule that runs from one employee, and the interactive assessment it requires

775 ILCS 5/2-103.1

Section 2-103.1 was added to the Illinois Human Rights Act by P.A. 101-656 and took effect on 23 March 2021. It is a use rule rather than a question rule, and it opens by making the use of a conviction record a civil rights violation: "Unless otherwise authorized by law, it is a civil rights violation for any employer, employment agency or labor organization to use a conviction record, as defined under subsection (G-5) of Section 1-103, as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment (whether "disqualification" or "adverse action"), unless" one of two conditions is met.

The two conditions are the whole of the employer's defense on liability: "(1) there is a substantial relationship between one or more of the previous criminal offenses and the employment sought or held; or (2) the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public." Note that the second condition is not about the offense at all. It is about the risk the employment would carry, which means the analysis is about the position, not only about the record.

Subsection (A) then defines the first condition with a two-part test: "For the purposes of this subsection (A), "substantial relationship" means a consideration of whether the employment position offers the opportunity for the same or a similar offense to occur and whether the circumstances leading to the conduct for which the person was convicted will recur in the employment position." Both halves ask about the position. A conviction that is serious but has no route to recurrence in the job is not automatically a substantial relationship, and the statute gives no category of offense that is disqualifying by name.

Subsection (B) lists the factors that must be considered: "(1) the length of time since the conviction; (2) the number of convictions that appear on the conviction record; (3) the nature and severity of the conviction and its relationship to the safety and security of others; (4) the facts or circumstances surrounding the conviction; (5) the age of the employee at the time of the conviction; and (6) evidence of rehabilitation efforts." These are the same six factors Chicago uses at MCC 6-10-054(c), in the same order, which suggests the ordinance was drafted to track the state rule rather than to add to it.

Subsection (C) is the part with no federal equivalent. "If, after considering the mitigating factors in subsection (B), the employer makes a preliminary decision that the employee's conviction record disqualifies the employee, the employer shall notify the employee of this preliminary decision in writing." The notification must contain three things: "(a) notice of the disqualifying conviction or convictions that are the basis for the preliminary decision and the employer's reasoning for the disqualification; (b) a copy of the conviction history report, if any; and (c) an explanation of the employee's right to respond to the notice of the employer's preliminary decision before that decision becomes final." The explanation "shall inform the employee that the response may include, but is not limited to, submission of evidence challenging the accuracy of the conviction record that is the basis for the disqualification, or evidence in mitigation, such as rehabilitation."

The response window is a floor, not a standard: "The employee shall have at least 5 business days to respond to the notification provided to the employee before the employer may make a final decision." And the final decision is itself a written document: "The employer shall consider information submitted by the employee before making a final decision. If an employer makes a final decision to disqualify or take an adverse action solely or in part because of the employee's conviction record, the employer shall notify the employee in writing of the following: (a) notice of the disqualifying conviction or convictions that are the basis for the final decision and the employer's reasoning for the disqualification; (b) any existing procedure the employer has for the employee to challenge the decision or request reconsideration; and (c) the right to file a charge with the Department."

The threshold is where this becomes the state's most under-read screening rule. Nothing in 2-103.1 states an employer size, so the size comes from the Human Rights Act definition at 775 ILCS 5/2-101(B), which "includes: (a) Any person employing one or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation; (b) Any person employing one or more employees when a complainant alleges civil rights violation due to unlawful discrimination based upon his or her physical or mental disability unrelated to ability, pregnancy, or sexual harassment; (c) The State and any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees; (d) Any party to a public contract without regard to the number of employees; (e) A joint apprenticeship or training committee without regard to the number of employees." The private threshold is one employee over twenty calendar weeks. The public threshold is none at all.

Line the two statutes up and the shape of Illinois law is clear. The conviction-record rule at 2-103.1 covers a one-person employer, reaches public employers without regard to size, and constrains the decision. The application-stage inquiry rule at 820 ILCS 75/15 covers only an employer or employment agency with fifteen or more employees, applies only to a "person or private entity", and constrains the question. A fifteen-person private employer that read the ban-the-box statute and stopped has the rule with the higher threshold and the lower consequence, and has not read the rule that governs what it does with an answer once it has one. Both are enforceable: 2-103.1 through a charge with the Department, and 820 ILCS 75/20 through a written warning, escalating penalties to $1,500 and beyond, and a civil action brought by the Attorney General.

Cities that go further than the state

Reporting limits at a glance

Every figure below is against Illinois law. Where a row says “federal only”, the state has set nothing and 15 U.S.C. §1681c governs.

Reporting limits in Illinois
DimensionLimitSource and qualification
LookbackNone locatedNo reporting window appears in 775 ILCS 5/2-103, 775 ILCS 5/2-103.1, 820 ILCS 70, 20 ILCS 2635 or 20 ILCS 2630/5.2, all read in full. Illinois's instrument for old records is sealing and expungement rather than a limit on reporting.
Employer size, conviction rule1 employee775 ILCS 5/2-101(B): "Employer" includes any person employing one or more employees within Illinois during 20 or more calendar weeks, and includes the State, every political subdivision, every party to a public contract and every joint apprenticeship committee "without regard to the number of employees".
Employer size, inquiry ban15 employees, private only820 ILCS 75/10: "Employer" means any person or private entity with 15 or more employees in the current or preceding calendar year. Public employers are outside the Act.
Ban-the-box windowQualified and selected for interview, or conditional offer820 ILCS 75/15(a) runs until the applicant "has been determined qualified for the position and notified that the applicant has been selected for an interview", or where there is no interview, until after a conditional offer.
Non-convictionNot conviction information20 ILCS 2630/5.2(a)(1)(C): supervision successfully completed is not a conviction. 20 ILCS 2635/3(F): supervision continuances "shall not be deemed "conviction information"".
Arrest with no dispositionNot disseminatedState Police guide: if the Bureau "is unable to obtain a court disposition for an arrest transaction, that arrest is also not disseminated to non-criminal justice entities", and acquittals "can not be disseminated".
Offense classes not mandated inReportable if reportedClass C misdemeanors, local ordinances and numerous traffic offenses "are not mandated to be reported so these charges may not be available; however, if these offenses are reported, they may be disseminated".
Sealed record inquiryAnswered as no record20 ILCS 2630/5.2(d)(9)(C): the court, the State Police or the agency receiving the inquiry "shall reply as it does in response to inquiries when no records ever existed".
Sealed felony, from ISPMay be requested and used775 ILCS 5/2-103(A) does not prohibit a State agency, unit of local government, school district or "private organization" from requesting or utilizing sealed felony conviction information obtained from the State Police under Section 3 of the Criminal Identification Act.
Expunged record, State Police fileNo longer maintainedState Police guide: "If a subject has his or her record expunged, that information is no longer maintained by the BOI." Expungement is defined at 20 ILCS 2630/5.2(a)(1)(E) as physical destruction or return, with the name obliterated from any official index or public record.
Interactive assessment5 business days, two written notices775 ILCS 5/2-103.1(C)(2): the employee "shall have at least 5 business days to respond". The preliminary notice carries the reasoning and a copy of the report; the final notice carries the reasoning and the right to file a charge with the Department.
Credit checksBarred unless a listed circumstance applies820 ILCS 70/10 bars discrimination, inquiry and obtaining a report unless a satisfactory credit history is an established bona fide occupational requirement, which requires one of seven circumstances, including custody of or unsupervised access to cash or marketable assets "valued at $2,500 or more" and "signatory power over business assets of $100 or more per transaction". A waiver is void under 820 ILCS 70/20.
CannabisOff-duty protected, zero tolerance preserved410 ILCS 705/10-50(a) preserves reasonable zero tolerance and drug free workplace policies; (e) bars a cause of action including for withdrawal of a job offer after a failed drug test; (d) requires a reasonable opportunity to contest an impairment determination made on "specific, articulable symptoms".
Automated decisionsNotice required, effective 1 January 2026775 ILCS 5/2-102(L) bars AI use with a discriminatory effect and the use of zip codes as a proxy for protected classes, and separately bars failure to provide notice of AI use. Department rulemaking is contemplated but no rule was located.
State repository accessOpen to public inspection20 ILCS 2635/5: all conviction information "shall be open to public inspection in the State of Illinois", and "Requester" at Section 3 reaches any private individual, corporation, employer, employment agency or non-criminal justice agency.
FBI recordNot availableState Police guide: "ISP is not permitted to check the FBI's national criminal history database for non-criminal justice purposes unless authorized by statute."

Adverse action here

The federal sequence applies unchanged: pre-adverse action notice with a copy of the report and the summary of rights, a reasonable opportunity to dispute, then the adverse action notice with the agency's details and a dispute route. The FCRA article sets it out in full.

Illinois adds a statutory preliminary decision notice that is not the same document as the FCRA pre-adverse action notice, and the difference is what the notice has to contain. 775 ILCS 5/2-103.1(C)(1) requires "notice of the disqualifying conviction or convictions that are the basis for the preliminary decision and the employer's reasoning for the disqualification", "a copy of the conviction history report, if any", and an explanation of the right to respond naming accuracy challenges and mitigation evidence. The federal notice carries the report and the summary of rights; it does not require the employer's reasoning. An employer that sends the federal notice alone has not sent the state notice, even where the two are mailed together.

The response window is a floor rather than a standard. Section 2-103.1(C)(2) provides that "The employee shall have at least 5 business days to respond to the notification provided to the employee before the employer may make a final decision", and (C)(3) requires the employer to consider what the employee submits. Under FCRA the opportunity is a reasonable one; under Illinois a decision taken on day three is taken too early regardless of what the letter said. The extra two days are the cheapest compliance item on the page and the easiest to lose when a process is measured in turnaround time.

The final notice is a separate document with its own content list, and the agency named in it depends on the location. Section 2-103.1(C)(3) requires the disqualifying conviction or convictions, the employer's reasoning, "any existing procedure the employer has for the employee to challenge the decision or request reconsideration", and "the right to file a charge with the Department". In Chicago, MCC 6-10-054(d)(3)(C) requires "the right to file a complaint with the Commission". A single template that names the Department is wrong for a Chicago employer, and the two agencies are different bodies with different procedures.

An adverse action built on an arrest that led nowhere is a civil rights violation on its own, separately from the conviction analysis. 775 ILCS 5/2-103(A) bars inquiring into or using an arrest record, and 775 ILCS 5/1-103(B-5) defines an arrest record to include an arrest not leading to a conviction. The two openings are specific: sealed felony conviction information obtained from the State Police under Section 3 of the Criminal Identification Act, and "other information which indicates that a person actually engaged in the conduct for which he or she was arrested" under subsection (B). A letter that cites a dismissed charge without either basis cites something the Act says may not be used.

If the adverse action rests on a cannabis impairment determination, a second duty attaches before the letter is written. 410 ILCS 705/10-50(d) permits the determination in good faith on "specific, articulable symptoms", but provides that "If an employer elects to discipline an employee on the basis that the employee is under the influence or impaired by cannabis, the employer must afford the employee a reasonable opportunity to contest the basis of the determination." The opportunity is separate from the Section 2-103.1(C) response window and runs on the impairment question rather than on the record.

The ban-the-box remedy runs through a different agency and a different ladder, and it can be triggered by the question rather than by the decision. Under 820 ILCS 75/20 the Department issues a written warning with 30 days to remedy, then penalties escalating to $500 and an additional $1,500 per further violation or per 30 days of continued non-compliance, assessed by the Department and "recovered by civil action in any circuit court or administrative adjudicative proceeding" with the Attorney General appearing for the Department. An application form that asks the question is enough to start that ladder, before any adverse action exists.

Illinois has no state lookback rule and no state counterpart to a reporting window, so old convictions are governed by the substantial relationship and unreasonable risk tests and by whether the record has been sealed or expunged. A conviction that has been sealed comes back from the state as though it never existed, which means an employer relying on a county file or a commercial database for a matter the State Police has been told to deny may be relying on the one source the sealing order did not reach.

Screening in Illinois: what your process needs

Related states

What we do

Illinois runs two hiring-record rules and they are not the same rule twice. The conviction-record rule at 775 ILCS 5/2-103.1 makes use of a conviction record a civil rights violation unless the offense substantially relates to the job or the employment would carry an unreasonable risk, and it applies from one employee, reaching the State, every municipality and every party to a public contract without regard to headcount. The ban-the-box statute at 820 ILCS 75 reaches only private employers with fifteen or more employees, and it stops at the question. On top of the federal sequence Illinois layers a statutory interactive assessment: a written preliminary decision carrying the employer's reasoning and a copy of the report, at least 5 business days to respond, and a second written notice carrying the reasoning and the right to file a charge with the Department. Illinois also restricts employment credit checks to seven circumstances, makes a waiver of those rights void, and bars any inquiry into or use of an arrest record, with a narrow opening for sealed felony conviction information obtained from the State Police. The state file itself is open to public inspection under the Uniform Conviction Information Act, and the State Police states the limits of it plainly: acquittals and arrests with no obtainable disposition are not disseminated, dismissed charges and supervision are not conviction information, class C misdemeanors and local ordinances are in only if someone reported them, name checks are not positive identifications, and an Illinois state check carries no FBI content. Chicago adds a second regime with its own notice citing the Commission rather than the Department. Our Illinois work keeps the substantial-relationship analysis on the record and the reasoning on paper, treats the five business day response window as a floor rather than a target, and says whether an answer came from the State Police by name or by fingerprint, from a county circuit clerk, or from a funder database that holds what the state no longer will. If your current vendor runs Illinois as a fifteen-employee ban-the-box state and stops there, this is where that shows.

Sources

Last reviewed 23 September 2026. This page is checked on a quarterly cycle, because state screening law changes every legislative session. Nothing here is legal advice; see the terms of use.

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