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In Illinois, conducting a pre-employment background check offers the opportunity to confirm a candidate’s credentials, including their educational background, employment history, criminal record, and other pertinent details. Employers utilize this information from background checks to make well-informed decisions when hiring, to reduce potential risks, and to establish safer working environments.

Background checks in Illinois hold significant importance in the hiring process. However, dealing with federal, state, and local hiring regulations can pose complexities, especially for employers who opt for conducting screenings independently. This guide will address the procedures for conducting a background check in Illinois, the various report options, and the advantages of collaborating with a third-party background check provider.

What Is An Illinois Background Check?

An Illinois background check encompasses a thorough examination of various public records and databases, aiming to furnish employers with comprehensive insights into a job candidate’s or volunteer’s background. These checks are commonly employed during the hiring process to authenticate a candidate’s qualifications and suitability for the role. Commonly conducted screenings may delve into criminal records, credit history, or driving records.

In accordance with Illinois law, certain industries mandate more extensive fingerprint-based criminal background checks, including:

• For childcare workers: Employers are obligated to conduct checks of the Child Abuse and Neglect Tracking System (CANTS) and perform fingerprint-based criminal background checks through the Illinois State Police. Additionally, FBI checks may be necessary if the candidate has resided outside Illinois in the last five years or if an Illinois criminal records check reveals a history of criminal activity. Candidates must also undergo screening for inclusion in national and state sex offender registries.
• For licensed and unlicensed school workers: School districts are required to conduct fingerprint-based criminal history checks, along with scans of the Illinois State Police Sex Offender Registry and the Statewide Murderer and Violent Offender Against Youth Database.
• For healthcare workers: The Illinois Health Care Worker Background Check Act mandates healthcare providers to complete fingerprint-based criminal background checks on new hires using the Illinois Department of Public Health web portal. This requirement extends to hospital staff, home health aides, individuals working with the disabled, and nursing home employees. Physicians and volunteers are exempt and may be subject to alternative fingerprinting requirements. By law, employers must also cross-reference the Illinois Sex Offender Registry, the Department of Corrections’ Sex Offender Search Engine, the Department of Corrections’ Inmate Search Engine, the Department of Corrections’ Wanted Fugitives Search Engine, the National Sex Offender Public Registry, and the website of the Health and Human Services Office of Inspector General to ascertain if a candidate has been adjudicated as a sex offender, has served as a prison inmate, or has engaged in Medicare or Medicaid fraud.
• For carnival workers: Owners of traveling amusement rides are mandated to furnish documentation demonstrating that they have conducted criminal history checks and sex offender registry checks for all operators, attendants, and assistants. Additionally, they must implement a substance abuse policy encompassing random drug testing.

What Shows Up On A Background Check In Illinois?

The information revealed in an Illinois background check varies depending on the type of screening conducted, the employer’s background check policy, and the specific job role. Here’s an overview of what is typically disclosed in common types of employment background checks:

• Criminal background checks: These reports detail a candidate’s criminal records, encompassing felony or misdemeanor convictions, active warrants, pending cases, or adult incarceration history.
• Driving record checks: Known as a Driving Record Abstract in Illinois, these checks include traffic convictions, license suspensions, revocations, and DUI convictions, which are indefinitely reflected on an Illinois MVR.
• Education verification: This process confirms schools attended, dates of attendance, degrees obtained, and graduation dates. It’s often utilized for roles requiring specific educational backgrounds or degrees.
• Employment verification: This entails confirming previous employers, past job titles, and employment dates.
• Credit checks: These checks display information from a candidate’s credit report, including collections, payment history, and bankruptcies. In Illinois, credit history checks are permitted only for positions where financial responsibility is integral to the job.
• Drug testing: This reveals the presence of controlled substances, including illicit drugs and prescriptions. It’s commonly conducted for positions involving public safety, such as law enforcement, or where mandated by law, such as commercial trucking.

WHAT WILL DISQUALIFY A CANDIDATE FROM AN ILLINOIS BACKGROUND CHECK?

Regarding disqualification from an Illinois background check, it often hinges on an employer’s hiring policy and job requirements. Some employers maintain a drug-free workplace, while others may incorporate policies that disqualify candidates based on specific criminal offenses.

For instance, licensed private security contractors in Illinois cannot have felony convictions in any jurisdiction, or at least 10 years must have elapsed since being discharged from a felony sentence. If an employer opts to disqualify a candidate based on background check results, they should adhere to the adverse action process.

How Far Back Do Employment Background Checks Go In California?

The extent of how far back a pre-employment background check in California can delve depends on the type of background check being undertaken and whether it’s conducted through a Consumer Reporting Agency (CRA) or independently.

Several statewide laws also influence the lookback period of a California background check. For instance, the Investigative Consumer Reporting Agency Act (ICRAA) prohibits CRAs from disclosing non-conviction records (such as non-pending arrests, indictments, and misdemeanor charges) or convictions that surpass seven years. The Uniform Controlled Substances Act prohibits CRAs from disclosing misdemeanor marijuana convictions older than two years. Furthermore, felony convictions after January 1, 2005, for certain offenses may automatically be expunged under specific conditions, provided the individual has not been convicted of another felony within the past four years. A California criminal record check will not unveil such expunged convictions.

Employers collaborating with a CRA, like Rapid Hire Solutions, must adhere to the federal Fair Credit Reporting Act (FCRA). Under the FCRA, reporting on non-conviction information is restricted to a seven-year lookback period. This encompasses most credit report data, civil judgments, and tax liens. Bankruptcies, however, can be reported for up to 10 years, while criminal convictions may be reported indefinitely. It’s important to note that California state law influences the extent of the employment background checks and what can be reported.

If an employer conducts searches independently or if a candidate’s anticipated salary exceeds $75,000, FCRA limitations may not be applicable.

How Long Does A Background Check Take In Illinois?

The timeframe for Illinois state background check processing can fluctuate, contingent upon the entity conducting the search, the nature of records sought, and the overall breadth of the investigation. Organizations opting for in-house searches may encounter lengthier processing times compared to those partnering with a Consumer Reporting Agency (CRA). Some screenings, such as national background checks, leverage digitized records, enabling reports to be generated within minutes, whereas others, like education verification, may necessitate several days or more.

Employers conducting background checks independently typically undertake a hands-on approach, involving requests for candidate information from various public record sources, including criminal and court records from the Illinois State Police, and motor vehicle records from the Illinois Department of Motor Vehicles (DMV). Procuring non-public records, like employment verification and professional reference checks, often entails additional efforts such as contacting past employers via phone.

On the other hand, employers collaborating with a CRA, such as Rapid Hire Solutions, can enjoy a more streamlined process and expedited turnaround times. Rapid Hire Solutions boasts access to diverse public records, specialized databases, and courthouses nationwide. With their array of screening options, hiring managers can effortlessly conduct multiple checks concurrently.

How Far Back Do Background Checks Go In Illinois?

The depth to which an employer can delve into a candidate’s history during an Illinois background check for employment hinges on various factors, including the entity conducting the search, the breadth of the background check, and the type of screening involved. Additionally, federal, state, or local laws and regulations can influence the extent of the background check.

Employers opting to collaborate with a CRA, such as Rapid Hire Solutions, must adhere to federal regulations outlined in the Fair Credit Reporting Act (FCRA). Under the FCRA, reporting on non-conviction information is restricted to a seven-year lookback period. This encompasses most credit report data, civil judgments, and tax liens. Bankruptcies, however, may be reported for up to 10 years, while criminal convictions can be reported indefinitely.

Should an employer choose to conduct searches independently or if a candidate’s expected salary exceeds $75,000, the FCRA limitations may not be applicable.

How To Get An Illinois Background Check

Employers in Illinois have the option to either conduct background checks themselves or collaborate with a reputable Consumer Reporting Agency (CRA), such as Rapid Hire Solutions. While certain Illinois background checks can be facilitated online, many screenings may necessitate manual searches, posing potential challenges for hiring managers and human resources teams in terms of time and effort.

For instance, criminal records can be procured online via the Illinois State Police’s Criminal History Information Response Process (CHIRP) and the Circuit Clerk Web Interface shared web portal. Illinois motor vehicle reports, however, must be obtained in person from the Illinois DMV at a Driver Service Facility, using the Driving Abstract Request Form, or through mailed requests to the Illinois Secretary of State.

In contrast, employers opting for collaboration with Rapid Hire Solutions can enjoy a streamlined background check process, expedited turnaround times, and enhanced accuracy in results. Rapid Hire Solutions offers user-friendly workflows and compliance-supporting tools, enabling employers to save time and company resources.

How Much Does A Background Check Cost In Illinois?

The expense associated with a pre-employment background check in Illinois often varies depending on several factors, including the entity conducting the search, the specific reports required, and the frequency of background checks necessary.

When Illinois employers opt to conduct background checks independently, they typically incur costs for each record individually. For instance, fees can fluctuate for various types of criminal background checks in Illinois, ranging from $10 to $26.25.

Partnering with a Consumer Reporting Agency (CRA) often proves to be more cost-effective for employers, while also alleviating the burdens of a do-it-yourself approach. Through Check, formerly Rapid Hire Solutions, employers can access customizable and comprehensive background check packages starting at $29.99. This solution not only helps mitigate expenses but also streamlines the background check process for enhanced efficiency.

Illinois Background Check Laws

Employers in Illinois need to ensure compliance with all state employment background check laws when performing screenings. Illinois has enacted two ban-the-box laws that are applicable to both public and private sector employers. Additionally, there exist city- and county-specific regulations that may be relevant depending on the jurisdiction. To mitigate potential legal risks, Illinois employers may opt to adhere to the most stringent laws and regulations available.

BAN-THE-BOX LAWS

Regarding ban-the-box laws, Illinois mandates adherence to two statewide regulations applicable to public and private sector employers:

• Executive Order 2013-1: This law prohibits State of Illinois public sector employers from inquiring about criminal history on job applications. If a candidate is not selected for employment due to information from criminal records, employers must first conduct a series of assessments before issuing a final adverse action notice.
• Illinois House Bill 5701: Private sector employers with a minimum of 15 employees are required to delay inquiries about criminal history until a candidate has been chosen for an interview. If no interview occurs, inquiries about criminal history must wait until after a conditional offer has been extended.

ILLINOIS HUMAN RIGHTS ACT (IHRA)

Under the Illinois Human Rights Act (IHRA), encompassing 775 ILCS 5/2-103 and Senate Bill 1480, using arrest or conviction records as grounds for employment denial constitutes a civil rights violation. Some exemptions may apply to employers authorized or mandated by law to conduct criminal background checks in Illinois.

Employers may only consider conviction records during the hiring process if there is a “substantial relationship” between the offense and the job or if the candidate poses an “unreasonable risk” to workplace safety or property. The IHRA mandates employers to assess certain factors when reviewing conviction records, including the number of convictions, circumstances, time elapsed since the conviction, safety relevance, and rehabilitation efforts.

Candidates must receive notice of any preliminary adverse action, along with an opportunity to contest any adverse information found on the criminal history report. If an employer decides against hiring a candidate based on information obtained from the criminal background check, the IHRA necessitates providing the candidate with a written explanation.

UNIFORM CONVICTION INFORMATION ACT (UCIA)

Under the Uniform Conviction Information Act (UCIA), conviction information maintained by the Illinois State Police must be accessible to individuals upon request, including employers. Requests for conviction records must be directed to the Illinois State Police and include a signed release from the individual in question. Additionally, the requester must furnish the individual with a copy of the report from the State Police and grant them seven days to dispute or rectify any inaccuracies.

EMPLOYEE BACKGROUND FAIRNESS ACT (EBFA)

The Employee Background Fairness Act (EBFA) prohibits statewide employers from discriminating against candidates based on their criminal history. Furthermore, employers cannot consider arrests lacking conviction information. If an individual has a conviction, employers must conduct an individualized assessment of the information in the report as it pertains to the job before reaching a final hiring decision. Employers must adhere to an adverse action process if they opt not to hire a candidate based on information found in the report.

EMPLOYEE CREDIT PRIVACY ACT

The Employee Credit Privacy Act (820 ILCS 70) forbids statewide employers from inquiring about a candidate’s credit history or obtaining their credit report during pre-employment background checks. Exceptions may apply if the candidate’s credit history is deemed a “bona fide occupational requirement” for the job, such as roles involving access to confidential financial information or company assets.

FAIR CREDIT REPORTING ACT (FCRA)

Employers utilizing a Consumer Reporting Agency (CRA) for background checks must adhere to the procedures outlined in the federal Fair Credit Reporting Act (FCRA). These steps include providing written notice to the candidate of the intent to conduct a background check, obtaining written permission from the candidate to proceed, and following the adverse action process if the decision not to hire is based on information contained in the report.