If a background check has ever cost you a job, a promotion, or a place to live, you are not alone. Background checks play a major role in today’s job market, and mistakes or misuse can have serious consequences. The good news is that Illinois law offers strong protections for consumers, job seekers, and tenants.
At Fair Credit Attorneys, we regularly help people address background check errors, challenge unfair or inaccurate background checks, protect their rights, and move forward with confidence. If something on your background check does not look right or seems unfair, contact us at (866) 381-6444 to discuss your situation and learn how we can help you understand your options and take action.
Why Background Checks Matter in Illinois
Employers, landlords, and licensing agencies rely heavily on background checks when making decisions. These reports often influence:
- Employment decisions
- Housing applications
- Professional licensing
- Positions involving public safety or vulnerable populations
A criminal background check may include criminal records, a conviction record, credit checks, reference checks, drug tests, and even social media reviews. Because these checks carry so much weight, Illinois law closely regulates how background check information is collected, reported, and used.
The Illinois General Assembly has passed multiple laws to balance public safety, gun violence prevention, and public access with fairness, rehabilitation efforts, and second chances.
What Information Can Appear on an Illinois Background Check
Background check information can come from several sources, including public law enforcement agencies and private reporting companies. Depending on the type of check, a report may include:
- Criminal records and criminal history checks
- Conviction information and conviction history
- Arrest records, with limits under Illinois law
- Guilty pleas and criminal convictions
- Credit checks and financial history
- Employment and education verification
- Professional licenses and training information
- Drug tests and administrative findings
Some positions require fingerprint criminal background checks, which may be processed through the Illinois state police, the Bureau of Identification, or the Federal Bureau of Investigation. Other checks rely on database searches, FBI checks, or multistate background check systems.
Illinois Laws That Regulate Background Checks
Illinois has some of the strongest background check laws in the country. These protections come from both state and federal law.
Illinois Human Rights Act
The Illinois Human Rights Act limits how employers may use criminal records when making employment decisions. Employers cannot automatically reject an applicant because of a conviction record. Instead, they must conduct an interactive assessment.
This assessment requires employers to consider:
- The nature and severity of the criminal offenses
- How long ago the criminal convictions occurred
- Whether the conviction is substantially related to the job
Employers must also evaluate mitigating factors, including rehabilitation efforts and the individual’s work history. The Illinois Department of Human Rights and the Chicago Commission on Human Relations enforce these rules. Violations may constitute civil rights violations.
Fair Credit Reporting Act
The Fair Credit Reporting Act applies when a third-party company conducts a background check. Under this law, employers and landlords must:
- Obtain written permission before running a background check
- Ensure accuracy in record collection and reporting
- Provide proper adverse action notices if the report is used against you
Failure to follow these steps may result in legal liability.
Other Illinois Laws
Depending on the position, additional Illinois law may apply, including regulations enforced by the Illinois Department of Labor, the Illinois Equal Pay Act, and provisions of the Illinois Business Corporation Act.
What Employers Can and Cannot Do Under Illinois Law
Employers are allowed to use background checks, but they are not allowed to use them unfairly or unlawfully.
Employers may:
- Conduct a pre-employment background check with proper consent
- Review conviction information that is job-related
Employers may not:
- Automatically reject applicants because of their criminal records
- Rely on arrest records that did not result in criminal convictions
- Ignore rehabilitation efforts or mitigating factors
- Use inaccurate or outdated background check information
If an employer fails to follow these rules, it may be violating Illinois statutes or federal regulations.
Learn More: Incorrect employment background checks
Ban-the-Box Laws and Fair Hiring Requirements
Illinois ban-the-box laws are designed to give job applicants a fair chance in the hiring process.
Under these laws:
- Employers cannot ask about criminal history on initial job applications
- Criminal history checks must occur later in the hiring process
If an employer violates these requirements, applicants may file a ban-the-box complaint form with the appropriate agency. These laws help ensure that people with conviction histories are evaluated based on their qualifications, not assumptions.
Your Rights When a Background Check Affects Employment or Housing
If a background check leads to a job denial, termination, or housing rejection, you have specific rights.
Before taking adverse action, an employer or landlord must provide:
- A copy of the background check report
- A summary of your rights under the Fair Credit Reporting Act
- Time to review the report and dispute errors
Skipping these steps is one of the most common background check violations.
Learn More: Failed background check after job offer
Background Check Errors and How to Dispute Them
Background check errors are common and often serious. Some of the most frequent problems include:
- Mixed files that combine your record with someone else’s
- Reporting expunged or sealed criminal records
- Incorrect conviction history or conviction information
- Listing a disqualifying conviction that does not exist
When errors appear, you have the right to dispute them with the background check company. Supporting documents, such as court records or proof of rehabilitation efforts, can help correct the issue. If the company fails to investigate or fix the error, legal action may be appropriate.
Background Checks for Housing and Tenant Screening
Landlords often use background checks when screening tenants, but Illinois law limits how criminal records can be used in housing decisions.
Landlords must:
- Avoid blanket bans on applicants with criminal convictions
- Consider mitigating factors and rehabilitation efforts
- Follow fair housing guidelines
Improper use of background checks in housing may also constitute a civil rights violation under Illinois law.
Reporting Limits, Violations, and Legal Remedies
Illinois law restricts how long certain information can be reported and how it may be used.
These limits include:
- Restrictions on reporting older criminal records
- Protections for sealed and expunged conviction history
- Rules governing public availability and public access to records
Violations occur when employers or reporting agencies:
- Fail to conduct an interactive assessment
- Use inaccurate background check information
- Ignore disputes or fail to correct errors
When violations occur, affected individuals may be entitled to compensation.
Special Rules for Health Care and Sensitive Positions
Some jobs require enhanced criminal history checks due to safety concerns.
Health care worker background checks
The Illinois health care worker background check act applies to workers such as nurse aides, certified nursing assistants, home health care aides, and personal care assistants. It also applies to staff in certified skilled nursing facilities and those working with long-term care residents.
These checks may involve:
- The health care worker registry
- The child abuse and neglect tracking system
- The Illinois sex offender registry
- Records maintained by the Department of Public Health
Oversight may also involve the Illinois Department of Human Services, particularly for developmental disability aides.
Firearms and law enforcement checks
Firearm purchases and certain public law enforcement positions may require checks through the national instant criminal background check system, FBI checks, or Illinois state police databases. These systems are designed to promote public safety while still complying with Illinois law.
How Fair Credit Attorneys Helps Consumers
Fair Credit Attorneys helps individuals challenge inaccurate or unlawful background checks and protect their rights.
Our firm assists clients by:
- Disputing incorrect criminal history records
- Addressing improper employment decisions based on background checks
- Enforcing rights under the Fair Credit Reporting Act
- Holding employers and background check companies accountable
Protecting Your Rights Under Illinois Background Check Laws
Background checks can open doors, but they can also close them unfairly. Illinois law provides strong protections to ensure that background checks are used responsibly and accurately.
If you believe your background check contains errors or was used illegally, Fair Credit Attorneys can help you understand your rights and take the next step. A mistake on a background check should not define your future. Contact Fair Credit Attorneys today to protect your rights and move forward with confidence.
FAQs
Can an employer deny me a job because of a criminal conviction?
Not automatically. Illinois law requires employers to evaluate whether a conviction is related to the job. They must consider how long ago it happened, the nature of the offense, and evidence of rehabilitation before making a decision.
Do arrests without convictions show up on background checks?
Arrest records may appear on some background checks, but employers are generally not allowed to use arrests that did not lead to a conviction when making employment decisions under Illinois law.
Can sealed or expunged records still appear on a background check?
No. Sealed or expunged criminal records should not appear on a background check. If they do, it may be a violation of Illinois law and the Fair Credit Reporting Act.
Can landlords use criminal records to deny housing?
Landlords cannot automatically deny housing based on criminal records. They must consider the type of offense, how long ago it occurred, and whether it is relevant to housing safety.
