Illinois background check laws for employers

Two state laws, two sets of rules

Illinois has two laws on criminal history in hiring. The Job Opportunities for Qualified Applicants Act, in force since 2015, tells employers with 15 or more employees when they may ask. The Human Rights Act, amended in 2021, tells nearly every employer how to decide and what notices to send.

On top of both, the federal FCRA process applies whenever a background check company runs the report.

When Illinois employers can ask

Employers with 15 or more employees can't ask about criminal history until the candidate has been found qualified and notified that they were selected for an interview. If there is no interview, they wait until a conditional offer. Cook County extends this timing to smaller employers in the county.

From January 1, 2027, the same employers and employment agencies can require a driver's license in a job posting only when driving is an essential job function and a business necessity, and the posting must briefly explain why.

The six-factor assessment and notices

Under the Human Rights Act, an employer can reject a candidate for a conviction only if it has a substantial relationship to the job or hiring them would be an unreasonable risk. The employer weighs six factors: the time since the offense, the number of convictions, their nature and severity, the circumstances, the person's age at the time, and evidence of rehabilitation.

Before deciding, the employer sends a preliminary notice that names the convictions, explains its reasoning, includes the record and tells the candidate how to respond. The candidate has at least five business days. A final notice repeats the reasons, describes any reconsideration process and the right to file a charge with the Illinois Department of Human Rights.

Records Illinois employers can't use

Illinois employers can't ask about or use arrests that didn't lead to a conviction, juvenile records, or records that were expunged, sealed or impounded, with narrow exceptions for jobs where a law allows access.

The Clean Slate Act, signed on January 16, 2026, will seal many nonviolent records automatically. Automatic sealing is scheduled to begin in 2029 and roll out in phases over several years. Until then, existing petition-based sealing applies.

Cannabis: employers can keep reasonable, nondiscriminatory drug testing policies and withdraw an offer after a failed test.

Chicago and Cook County

Chicago's ordinance covers employers with at least one employee and a city license or facility. Since 2023 it mirrors the state assessment: the six factors, a written preliminary notice, at least five business days to respond and a final notice with the right to complain to the city.

Cook County's Human Rights Ordinance covers employers with one or more employees doing business in the county, and applies the interview-stage timing to employers below the state's 15-employee threshold.

Reporting limits and driving records

Illinois has no separate limit on how far back a report can go. Under the federal FCRA, convictions can be reported regardless of age; most other negative records are limited to seven years, except for jobs paying $75,000 a year or more.

The Illinois Secretary of State charges $20 for a driving record in PROFID's published fee table. Personal information is released only for a permitted purpose, such as the driver's written consent.

What an Illinois check costs

PROFID's packages are $27.99, $49.99 and $74.99 per candidate on the review date; current prices are on the pricing page. On top of the package come passthrough fees like those above: $10 for the Illinois State Police statewide search and $20 for a driving record. See what drives the cost of a background check and the full passthrough fee table.

General information as of November 6, 2026, not legal advice. Coverage depends on the work location, employer size, role and records involved, and laws and fees change. Check the rules for each place where your employees work before relying on them. Fees are from PROFID's fee table, version April 22, 2026.