Illinois Background Checks: A Complete Guide [2025]

Employers across Illinois count on background checks to make smart hiring choices and stay aligned with both state and federal regulations.

At iprospectcheck, we deliver quick and reliable background screening services to help businesses throughout Illinois hire with confidence.

In this guide, we’ll break down the most important rules and recommended practices for running employment background checks in Illinois.

What is an Illinois Employment Background Check?

An employment background check in Illinois reviews a candidate’s criminal record, employment history, education, licenses, and other essential details to help employers determine if they’re a strong fit for the position.

Why Do Employers in Illinois Conduct Background Checks?

Across Illinois, employers use background checks to confirm applicant information and base hiring decisions on verified facts, not just what’s listed on a resume.

Here are the top reasons Illinois businesses rely on employment screenings:

1. Promote Workplace Safety

Reviewing a candidate’s criminal history helps identify risks that could threaten the safety of coworkers, clients, or the public.

This process plays a vital role in maintaining a secure work environment.

2. Support Fair and Consistent Hiring

Applying the same screening standards to every applicant helps keep hiring decisions impartial and aligned with equal opportunity laws.

It also promotes transparency and reduces the chance of bias.

3. Meet Legal and Industry-Specific Compliance Standards

Illinois employers must follow federal rules, statewide regulations, and any local city ordinances regarding background checks.

Certain industries face stricter screening obligations:

• Employers regulated by the U.S. Department of Transportation (DOT) must conduct DOT background checks, DOT drug testing, and DOT physicals for safety-sensitive roles.
• Under the Illinois Health Care Worker Background Check Act, healthcare employers must conduct fingerprint-based criminal background checks for employees providing direct care or with access to residents or their records. Hiring is prohibited for individuals with disqualifying offenses or abuse findings unless a waiver is granted by the Illinois Department of Public Health.
• The University of Illinois follows a background screening policy that includes criminal background checks (CBC), sanctions checks, and verifications of education and prior employment, depending on the role and work location.

4. Reduce Liability from Negligent Hiring

If a company hires someone without proper screening and that person causes harm, the business could face legal action.

Conducting background checks demonstrates that the employer took appropriate precautions.

5. Protect Confidential Information

Roles in healthcare, finance, and the legal fields often involve access to private or sensitive data.

Screening applicants helps confirm their reliability and integrity before allowing such access.

6. Safeguard the Company’s Reputation

Employees reflect your brand, especially in customer-facing roles.

A thorough background check helps prevent hiring someone whose history could negatively affect your company’s image.

How to Conduct Employment Background Checks in Illinois

1. Create a Background Check Policy

Start by drafting a clear background screening policy that outlines when checks will be done, which roles require them, and how results will be handled.

Ensure your policy aligns with federal laws, Illinois state regulations, and any relevant local ordinances.

2. Train Your Hiring Team

Your HR staff should be trained on legal requirements, including how to obtain consent, interpret reports, and handle findings fairly and lawfully.

3. Provide Disclosure and Get Written Consent

Before conducting any background check, give candidates a standalone disclosure outlining the screening process.

You must also obtain written authorization, as required under the Fair Credit Reporting Act (FCRA).

4. Use a Trusted Screening Provider

Work with a reputable background check company like iprospectcheck that delivers fast, compliant, and accurate screening services tailored for Illinois employers.

5. Time Your Background Checks Properly

Illinois has a statewide ban-the-box law that prohibits private employers from asking about criminal history on job applications.

To comply, delay background checks until after an initial interview or conditional job offer.

6. Tailor the Check to the Role

Limit screenings to what’s relevant. For example, run driving record checks for driving roles or verify licenses for regulated positions.

7. Keep Candidates Informed

Communicate openly with applicants throughout the process.

Let them know when checks are happening and follow up with next steps or clarification if concerns arise.

8. Review Criminal History on a Case-by-Case Basis

If a criminal record appears, consider factors like the nature of the offense, how much time has passed, and its relevance to the job.

Both federal and Illinois laws support individualized assessments instead of automatic rejections.

9. Follow the Adverse Action Steps under the FCRA

If a background check leads you to deny employment, you must follow this process:

• Pre-Adverse Action Notice – Share the report and a copy of the “Summary of Your Rights Under the FCRA.”
• Give the Applicant Time to Respond – Let them dispute or explain the findings.
• Final Adverse Action Notice – If you still decide not to hire, send a final notice and another copy of their FCRA rights.

What Shows Up on an Illinois Background Check?

The information included in a background check depends on what an employer requests. Most Illinois employers commonly screen for the following:

Criminal History

If a candidate has a criminal record, this check may include:

• Case number
• Court of jurisdiction
• Date of the offense
• Description of the charge
• Classification (felony or misdemeanor)
• Final disposition and date
• Sentencing details (if applicable)

Illinois law limits how employers can use certain records.

Sealed, expunged, or juvenile records are not allowed to be considered in hiring decisions.

Arrest records that did not lead to convictions are also excluded from background check reports.

Employment Verification

This check confirms a candidate’s reported work history, including:

• Names and addresses of former employers
• Employment dates
• Job titles and positions held

Education Verification

Employers use this screening to verify educational credentials. It typically includes:

• School names and locations
• Dates of attendance
• Degrees or certifications earned

Professional License Verification

For licensed roles, this verification provides:

• Name on the license
• License number and classification
• Issuing authority
• Status (active, expired, or suspended)
• Issue and expiration dates
• Any public disciplinary records

Identity Verification

To confirm the individual’s identity, this screening may include:

• Full legal name and aliases
• Residential address history
• Date of birth

Motor Vehicle Records (MVR) Check

For roles involving driving, employers may request an MVR report showing:

• Driver’s license number and class
• Issue and expiration dates
• Legal name and listed address
• Traffic violations, DUIs, and accidents
• Any license suspensions or revocations

Important Laws and Regulations

Federal Laws

Fair Credit Reporting Act (FCRA)

The FCRA is a federal law that sets the rules for how consumer reporting agencies (CRAs) collect and share personal background information.
It also outlines what employers must do when using background checks in the hiring process.

For roles paying under $75,000 annually, the FCRA limits how far back certain records can go, including:

• Arrests not resulting in convictions
• Paid or resolved tax liens
• Civil lawsuits and judgments
• Chapter 13 bankruptcies (Chapter 7 may still be reported for up to 10 years)
• Debt collection accounts

Before conducting a background check, employers are required to:

• Provide a clear, standalone disclosure form
• Get written authorization from the candidate

If adverse information is found and the employer decides not to hire, they must:

• Share a copy of the report and issue a pre-adverse action notice
• Allow time for the applicant to respond or dispute the findings
• If the decision is upheld, send a final adverse action notice along with a summary of the applicant’s rights under the FCRA

Fair Chance to Compete for Jobs Act (FCA)

The FCA applies to federal agencies and contractors, requiring them to wait until a conditional job offer is made before asking about criminal history.

Violations can result in penalties or disqualification from federal contracts.

Title VII of the Civil Rights Act of 1964

Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin.

The Equal Employment Opportunity Commission (EEOC) enforces this law and offers guidance on how to use criminal background information fairly.

If a criminal record shows up, employers should:

• Assess whether the offense is job-related
• Consider the amount of time since the conviction
• Weigh any potential safety concern

Automatically rejecting applicants due to a criminal record may violate Title VII and could expose employers to discrimination claims.

State Laws

IHRA & Employee Background Fairness Act (SB 1480)

Under the Illinois Human Rights Act, as updated by the Employee Background Fairness Act, employers must follow strict guidelines when evaluating conviction records in the hiring process.

Key requirements include:

• Employers may not automatically disqualify applicants based on a conviction. Instead, there must be a clear link between the offense and the job, or evidence that hiring the individual would create an unreasonable risk to people or property.
• Before denying employment or taking any adverse action, employers must complete an individualized assessment. This review must consider factors such as the nature and age of the offense, its relevance to job responsibilities, and any signs of rehabilitation.
• Employers are also required to notify applicants and provide an opportunity to respond before making a final decision. In some areas, like Chicago, additional local ordinances may apply.

Job Opportunities for Qualified Applicants Act (Ban-the-Box)

Illinois’ Job Opportunities for Qualified Applicants Act, a ban-the-box law, restricts when private employers can inquire into an applicant’s criminal history.

Employers must wait until:

• After the candidate has been deemed otherwise qualified and notified of an interview, or
• After making a conditional offer of employment

Exceptions apply when state or federal laws require disqualification for certain offenses or when roles involve licensing, bonding, or security-sensitive functions, such as in law enforcement, financial services, or emergency services.

Expungement and Sealing of Records

Employers should be aware that sealed or expunged records generally cannot be used in employment decisions.

These records will not appear on most standard background reports.

However, some agencies, such as those in law enforcement or highly regulated industries, may still have access to sealed or expunged records under specific legal exceptions.

Salary History Ban (Equal Pay Act Amendment)

Since 2019, Illinois employers are prohibited from asking applicants about their current or past salary or benefits as part of the hiring process.

Under the amended Equal Pay Act, employers may not:

• Ask candidates to disclose salary history
• Contact previous employers to obtain this information
• Use disclosed pay history to determine hiring or compensation

Candidates can voluntarily share this information, but employers may not use it in making employment decisions. Violating this law can lead to legal claims.

Employee Credit Privacy Act

Under the Illinois Employee Credit Privacy Act, most Illinois employers may not run pre-employment credit checks or use credit history in hiring decisions unless the position qualifies under a listed exception.

Exceptions include:

• Jobs in banking or finance
• Insurance or surety roles
• Law enforcement or investigative positions
• Government jobs with credit-check requirements
• Debt collection
• Jobs where a good credit history is a bona fide occupational qualification

Social Media Privacy Law

The Illinois Right to Privacy in the Workplace Act makes it unlawful for employers to:

• Ask or pressure applicants to share social media usernames or passwords
• Require access to private social media accounts
• Request to be added to an applicant’s contacts or friend lists

This law does not prohibit employers from reviewing publicly available online information, so reviewing digital footprints is still permitted to a limited extent.

Pay Transparency Law

Illinois’ Pay Transparency Law requires employers with 15 or more employees to include:

• Salary ranges
• A general description of benefits

…in all job postings. This rule applies to both internal and external listings and helps ensure fair hiring practices.

Get a Background Check with iprospectcheck

Industries throughout Illinois, such as healthcare, education, finance, and technology, must meet strict hiring and compliance standards.

At iprospectcheck, we offer quick, accurate, and fully compliant background screening services designed to match your company’s unique needs.

Our comprehensive reports give you the confidence to hire smart while staying aligned with all applicable Illinois and federal regulations.

For more information or to request a free quote, give us a call at 888-509-1979.

DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.