Illinois State Background Check

What is a Statewide Background Check in Illinois?

Most conviction records (though not all) originate in county-level courthouses. Prosecutions for crime typically occur in the same county where the crime occurred. Many employers may choose to order county criminal record checks based on where the business operates and/or where the applicant has previously lived. However, these records may not capture all the facts for everyone. Criminal convictions may occur even in places where the individual had no permanent address or residence.

In many states, county courts report their records into a central database or repository. In Illinois, the State Police runs the Bureau of Identification. This organization maintains the statewide record repository. These resources provide a quick and easy way to simultaneously examine records from a large area, which is especially useful in states with highly populated metro areas. backgroundchecks.com provides state-level background checks for Illinois and 29 other states.

When you want broader coverage but don’t want to order checks from every individual county court, an Illinois state criminal background check saves time and money. This statewide database contains information on the most populous counties in Illinois, including Cook, DuPage, Will, Kane, and Lake counties. Illinois only makes information on convictions public.

Be Aware of the Law in Illinois

Illinois employers must remain compliant with the federal and local laws that govern background checks. This includes the Fair Credit Reporting Act. The FCRA requires employers to gather applicants’ consent and provide certain standalone disclosures. You should also review fair employment practices and guidelines by the Equal Employment Opportunity Commission. Most importantly, understand the laws and specifics that apply to Illinois employers. Let’s look at those now.

Ban the Box

Illinois has had a statewide ban the box law in effect since 2015. It is called the Illinois Job Opportunities for Qualified Applicants Act. All private employers of 15 or more people must comply with this act. The law banning the box provides for some specific restrictions, such as:

• You may not ask about someone’s criminal history on the job application.
• You may not make any inquiries until you interview the candidate and/or provide a conditional job offer.

The law makes exceptions for job roles where background checks are a legal requirement. In 2021, Illinois amended the law to make it more restrictive. The current version of the Illinois background check law impacts how employers make decisions based on a background check. You may only issue a denial for one of two reasons:

• A past conviction bears a “substantive relationship” to the job and would thus provide an opportunity to re-offend.
• The individual’s conviction history means that they represent an “unreasonable risk” to property.

In the City of Chicago, the municipal ban the box law is broader than the state law. In Chicago, all private employers must obey the law whether they employ more than 15 people or not.

Arrest Records and Expunged Convictions

Employers in Illinois may not use arrest records as a basis for employment decisions. Employers cannot ask about any criminal records currently under seal or which have been expunged. Job applications must have a clear and visible statement informing individuals that they do not need to disclose such information.

Other Restrictions to Know

Illinois generally prohibits employers from using credit report information in making employment decisions. This includes data such as credit scores and payment histories. Exceptions apply, including in cases where the job would involve public safety, cash handling, or banking.

How Long Does It Take to Get Results?

Turnaround time on state background checks often varies from state to state. Unforeseen circumstances sometimes cause delays. Such circumstances could include downtime at the state repository or a large backlog of records requests. At backgroundchecks.com, we do everything we can to furnish background check reports to our clients as quickly as possible.

In most cases, an Illinois criminal background check will become available within one to three business days after ordering. In the event of potential delays due to problems at the state repository, we will communicate the facts to you. Generally speaking, however, most reports are in your hands within no more than a few days at most—and often sooner.

How Far Back Do Your Reports Go?

Illinois has no laws that restrict or limit the reporting of conviction information. The FCRA prohibits reports from including some data, such as non-conviction arrests, after seven years. At backgroundchecks.com, we do not maintain arrest records in our database and do not report them. Therefore, the FCRA’s seven-year restriction does not apply. State record searches in Illinois may result in conviction reports from any time in an applicant’s life. Remember, though, that the EEOC encourages employers to consider the age of a conviction and any rehabilitative efforts.

What Appears on a Background Check in Illinois?

When you order a criminal history report from statewide sources, backgroundchecks.com reports as much information as possible. Reports may include the following:

• Jurisdiction where the record is recorded
• Case number
• Defendant
• Charge
• Filing date
• Degree of offense, such as a misdemeanor
• Disposition
• Disposition date
• Sentence

Building a Better Process by Including State Background Checks

Smart hiring begins with a commitment to due diligence. Vetting applicants is essential for identifying talent and increasing confidence in someone’s safety and suitability. With the right background check tools, you can build a system that elevates qualified individuals and highlights potentially risky hires. Protect your business from harm and prepare a team that can drive towards success.

With support from a proven provider, acquiring an Illinois state background check is quick and easy. Short turnaround times and highly detailed reports ensure your hiring process remains agile. Find out more about taking the next steps when you set up an account for screening applicants through backgroundchecks.com.