Illinois background check laws for employers

At a glance

The Illinois rules on each topic, in one line. Federal law applies to every topic.

When you may ask about criminal history

Who it covers: JOQA: private employers with 15+ employees in the current or preceding calendar year, and employment agencies. IHRA 2-103.1: employers with 1+ employees in Illinois during 20+ calendar weeks, plus the State, local governments, and parties to public contracts.

In force since: January 1, 2015

Two layers. (1) Job Opportunities for Qualified Applicants Act: an employer with 15+ employees may not ask about, consider, or require disclosure of criminal history until the applicant has been found qualified and told they are selected for an interview, or, if there is no interview, until after a conditional offer. (2) Illinois Human Rights Act 2-103.1: any covered employer may use a conviction record to disqualify only if there is a substantial relationship between the offense and the job, or an unreasonable risk to property or safety. The employer must weigh six factors, give a written preliminary notice (conviction, reasoning, copy of the report, right to respond), wait at least 5 business days, then give a written final notice with any internal appeal route and the right to file with IDHR.

Exceptions

• JOQA: positions where federal or State law requires excluding applicants with certain convictions
• JOQA: positions requiring a standard fidelity bond where a conviction would disqualify the applicant from the bond
• JOQA: employers of individuals licensed under the Emergency Medical Services Systems Act
• JOQA: written notice to applicants of disqualifying offenses is still allowed (15(c))
• IHRA 2-103.1 applies ‘unless otherwise authorized by law’

820 ILCS 75/15(a) · 820 ILCS 75/10 · 820 ILCS 75/15(b)(1) · 775 ILCS 5/2-103.1(A) · 775 ILCS 5/2-103.1(C)(2)

What a background check report may include

Who it covers: Private employers of 1+ employees (IHRA: one or more employees in Illinois during 20 or more calendar weeks); the Criminal Identification Act rule reaches ‘any private or public entity’

In force since: January 1, 2020

No state limit on consumer report content beyond the federal FCRA (no state 7-year rule). The limits sit on the employer: an employer may not inquire into or use an arrest record, may not consider an expunged or sealed record, may not ask whether records were expunged or sealed, and must print on applications that the applicant need not disclose sealed or expunged records. Since July 31, 2026 (new 20 ILCS 2630/3.4, P.A. 104-0692), a business that provides care to children, the elderly, or people with disabilities may ask the Illinois State Police for a fingerprint-based State and FBI check on an applicant who signs a waiver; the State Police must tell the applicant of the right to a copy of what it sends.

Exceptions

• Other information showing the person actually engaged in the conduct for which they were arrested may be used (2-103(B))
• Law enforcement, Department of Corrections, prosecutors, and uses allowed by 20 ILCS 2630/13
• Sealed felony conviction information obtained from the Illinois State Police under laws that require criminal background checks

775 ILCS 5/2-103(A) · 20 ILCS 2630/12(a) · 20 ILCS 2630/12(a) · 775 ILCS 5/2-101(B)(1)(a) · 20 ILCS 2630/3.4(e) (P.A. 104-0692, HB 5099, approved July 31, 2026)

Sealed and expunged records

Who it covers: All employers (private and public entities)

In force since: January 1, 2029

Illinois enacted automatic sealing (Clean Slate Act, P.A. 104-0459, HB 1836; approved January 16, 2026, effective June 1, 2026). Beginning January 1, 2029, eligible adult records created on or after January 1, 1970 are sealed by the Illinois State Police without a petition, at least quarterly; circuit clerks seal electronic records within 90 days of notice. Backlog: records from July 1, 2005 to January 1, 2029 sealed by ISP by January 1, 2030 (clerks by January 1, 2031); July 1, 1990 to July 1, 2005 by 2031 (clerks by 2032); July 1, 1970 to July 1, 1990 by 2032 (clerks by 2034). Timing: arrests without charge, acquittals, dismissals, and reversed or vacated convictions seal at once; supervision, qualified probation, and misdemeanor convictions after 2 years from the end of the sentence; felony convictions after 3 years. Not eligible: anyone serving a sentence or with pending charges; Article 9 and 11 offenses (except 11-14), Class X felonies, registrable sex offenses, crimes of violence, trafficking, robbery, vehicular hijacking, Class 1-2 burglary, residential burglary, organized retail crime; plus the existing 5.2(a)(3) exclusions (e.g., DUI). Petition-based sealing and expungement under 20 ILCS 2630/5.2 continues. Since June 12, 2026, a ‘Minor Cannabis Offense’ for expungement purposes covers up to 60 grams (was 30; P.A. 104-0463). Employers may not consider or ask about sealed or expunged records (20 ILCS 2630/12).

Exceptions

• Law enforcement agencies, Department of Corrections, prosecutors, and uses allowed under 20 ILCS 2630/13 may see sealed records
• Automatic sealing duties are subject to appropriations (k)(1)

P.A. 104-0459 (HB 1836), amending 20 ILCS 2630/5.2, new subsection (k)(2) · P.A. 104-0459, 20 ILCS 2630/5.2(k)(2)(A) · 20 ILCS 2630/12(a) · P.A. 104-0459, 20 ILCS 2630/5.2(k)(5)(C)-(D) · HB 1836 bill status (GA 104) · P.A. 104-0463 (SB 3222, Illinois Hemp Act), Sec. 105 amending 20 ILCS 2630/5.2(a)(1)(G-5)

Credit checks for employment

Who it covers: Private employers of 1+ employees (any individual or entity that permits one or more individuals to work or accepts applications)

In force since: January 1, 2011

Employee Credit Privacy Act: an employer may not refuse to hire, discharge, or otherwise discriminate because of credit history or a credit report, may not inquire about credit history, and may not order a credit report, unless a satisfactory credit history is an established bona fide occupational requirement of the position. That requires at least one listed circumstance: bonding required by law; custody of or unsupervised access to cash or assets of $2,500+; signatory power over business assets of $100+ per transaction; a managerial position setting the direction of the business; access to personal or confidential information, financial information, trade secrets, or security information; a DOL or IDOL rule; or another federal or State law requirement or exemption.

Exceptions

• Banks, bank holding companies, savings institutions, credit unions, trust companies and their affiliates
• Insurance and surety companies and their agents
• State law enforcement or investigative units
• State or local agencies that otherwise require credit history
• Debt collectors as defined by federal or State statute

820 ILCS 70/10(a) · 820 ILCS 70/10(b) · 820 ILCS 70/5

Salary history questions

Who it covers: All employers with employees gainfully employed in Illinois, including the State and local governments; pay-scale posting: 15+ employees

In force since: September 29, 2019

An employer may not screen applicants by wage or salary history, may not request or require it as a condition of being considered, interviewed, offered a job, or hired, and may not seek it from a current or former employer. Employers may state the pay offered and discuss the applicant’s expectations. A voluntary, unprompted disclosure is not a violation if the employer does not rely on it. Since January 1, 2025, employers with 15+ employees must include the pay scale and benefits in job postings.

Exceptions

• Wage history that is a public record under FOIA or posted by the employer to comply with law
• Current employees applying with the same employer
• Verification of forfeited unvested equity or deferred compensation the applicant volunteers

820 ILCS 112/10(b-5) · 820 ILCS 112/10(b-10) · 820 ILCS 112/10(b-25) · 820 ILCS 112/5 · P.A. 101-177, Section 99

Cannabis use and testing

Who it covers: All employers

In force since: June 25, 2019

No off-duty use protection in practice and no limit on pre-employment THC testing. The Right to Privacy in the Workplace Act bars discrimination for lawful off-duty product use, but it yields to Section 10-50 of the Cannabis Regulation and Tax Act, which lets employers keep reasonable zero-tolerance and drug-free workplace policies, test applicants and employees, and withdraw a job offer for a failed drug test without creating a cause of action. An employer that disciplines for impairment must have a good-faith belief based on specific, articulable symptoms and give the employee a chance to contest.

Exceptions

• Federal, State, or local restrictions on employment, including 49 CFR 40.151(e), are untouched (10-50(g))
• Medical cannabis: 10-50(f) leaves the Compassionate Use of Medical Cannabis Program Act protections as they are (not read here)

410 ILCS 705/10-50(a) · 410 ILCS 705/10-50(e)(1) · 820 ILCS 55/5(a) · 820 ILCS 55/17 (P.A. 104-0455)

The state consumer reporting law

Who it covers: N/a

No general state consumer-reporting statute beyond the federal FCRA. Illinois’s state layer is topic-specific: the Human Rights Act (arrest and conviction records, with notice duties), the Employee Credit Privacy Act, the Job Opportunities for Qualified Applicants Act, and the Criminal Identification Act’s rule on sealed and expunged records.

775 ILCS 5/2-103.1(C)(1)(b) · 815 ILCS act list (ILCS chapter 815 index)

Where federal law alone applies

We found no Illinois rule for private employers on these topics. The FCRA and other federal laws still apply.

• Drug testing procedures

Local rules

Some places in Illinois add their own rules. A local rule applies on top of the state rule.

• Chicago (city). Chicago Human Rights Ordinance sec. 6-10-054 (current code 2026 S-74): covers employers of 1+ that hold a Title 4 City license or keep a business facility in Chicago. Bars inquiring into or using arrest records. A conviction may be used only if law excludes the applicant, a fidelity bond would be denied, there is a substantial relationship to the job, or there is an unreasonable risk; the employer must weigh six factors, send a written preliminary notice (conviction, reasoning, copy of the record, right to respond), wait at least 5 business days, then send a final notice with any internal appeal and the right to file with the Commission. The section has no inquiry-timing rule of its own; timing comes from state JOQA. Municipal Code of Chicago 6-10-054 (Added Coun. J. 11-5-14; last amended Coun. J. 11-15-23)
• Cook County. Cook County Human Rights Ordinance sec. 42-35(h) (current Municode version Aug 27, 2026): no inquiry about, consideration of, or required disclosure of criminal history until the applicant is selected for an interview or, with no interview, until a conditional offer. The timing rule does not apply to employers already covered by the state JOQA (15+), so in practice it reaches small employers; other exemptions match JOQA (legal exclusions, fidelity bonds, EMS licensure, law enforcement, bona fide occupational requirement). Displaced inside municipalities with their own ordinance. The individualized-factor list in 42-35(h)(5) binds Cook County as an employer only. Cook County Code of Ordinances ch. 42, art. II, secs. 42-31, 42-33, 42-35(g) and (h)
• Cook County (credit). Sec. 42-35(g): no firing, refusing to hire, or other discrimination because of credit history or a credit report, no inquiry about credit history, and no ordering a credit report, unless a satisfactory credit history is an established bona fide occupational requirement. No employer-size floor stated. Cook County Code sec. 42-35(g) (Ord. No. 15-3088)
• Urbana (city). Urbana Human Rights Ordinance (City Code ch. 12, art. III, rewritten by Ord. December 2024-043): prior arrest or conviction record is a protected class in employment for any employer with one paid employee; no letter content of its own. Urbana City Code ch. 12, secs. 12-37 to 12-108
• Champaign (city). Champaign Human Rights Ordinance (Municipal Code ch. 17): prior arrest or conviction record is a protected class in employment for any employer, no size floor; no letter content of its own. Champaign Municipal Code ch. 17, secs. 17-3 and 17-36

Coming changes

Laws already passed that take effect later.

• From January 1, 2027. P.A. 104-0776 (HB 4758) adds Section 17 to the Job Opportunities for Qualified Applicants Act: a job posting may not say a valid driver’s license is required unless driving is an essential function and a business necessity, and must then explain why. Also adds a ‘driver’s license’ definition to Section 10. Approved August 7, 2026. P.A. 104-0776, Secs. 5 and 99
• From January 1, 2029. P.A. 104-0459 (HB 1836, Clean Slate Act; approved January 16, 2026, in force June 1, 2026): automatic sealing of eligible records begins January 1, 2029, with backlog deadlines of 2030, 2031, 2032, and 2034 for older record ranges; the Illinois Clean Slate Task Force (new 20 ILCS 2630/5.3) is already running. P.A. 104-0459, 20 ILCS 2630/5.2(k) and new 5.3

Every state’s changes, in date order: What changed.

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Illinois requirements where they apply.

Illinois or a place in it sets its own waiting period. The waiting period calculator counts it.

Paperwork at hire

Besides the federal Form I-9 and W-4, Illinois sets these for each new hire.

• State withholding. Have each new hire complete Form IL-W-4. If no completed, signed IL-W-4 is filed, withhold Illinois income tax on the entire pay without allowing any exemptions. Form IL-W-4
• New hire report. Report each new hire to Illinois within 20 days; some independent contractors must be reported too. State new hire reporting
• Notices at hire. Notice of rate of pay and time and place of payment; Paid Leave for All Workers Act notice.

Build the new hire checklist for Illinois, with city rules, special cases and a due date for each item.

Sources

• 820 ILCS 75/15(a)
• 820 ILCS 75/10
• 775 ILCS 5/2-103.1(A)
• 775 ILCS 5/2-103(A)
• 20 ILCS 2630/12(a)
• 775 ILCS 5/2-101(B)(1)(a)
• 20 ILCS 2630/3.4(e) (P.A. 104-0692, HB 5099, approved July 31, 2026)
• P.A. 104-0459 (HB 1836), amending 20 ILCS 2630/5.2, new subsection (k)(2)
• HB 1836 bill status (GA 104)
• P.A. 104-0463 (SB 3222, Illinois Hemp Act), Sec. 105 amending 20 ILCS 2630/5.2(a)(1)(G-5)
• 820 ILCS 70/10(a)
• 820 ILCS 70/5
• 820 ILCS 112/10(b-5)
• 820 ILCS 112/5
• P.A. 101-177, Section 99
• 410 ILCS 705/10-50(a)
• 820 ILCS 55/5(a)
• 820 ILCS 55/17 (P.A. 104-0455)
• 815 ILCS act list (ILCS chapter 815 index)
• Municipal Code of Chicago 6-10-054 (Added Coun. J. 11-5-14; last amended Coun. J. 11-15-23)
• Cook County Code of Ordinances ch. 42, art. II, secs. 42-31, 42-33, 42-35(g) and (h)
• Urbana City Code ch. 12, secs. 12-37 to 12-108
• Champaign Municipal Code ch. 17, secs. 17-3 and 17-36

Last reviewed October 20, 2026 · General information, not legal advice.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.