![]() ![]() Those with felony convictions are less likely to be approved to adopt a child, join the military, or get a job in many industries like finance. Run an Illinois criminal background check on yourself before requested by a prospective employer, adoption or immigration official, military recruiter, or school admissions officer to make sure it is accurate and complete. This sector is permitted to use credit history checks under federal laws. Employers may ask about convictions that would bar employment on an application and may refuse to hire candidates based on convictions. The list of disqualifying violations for this sector is not different than others, but more weight is placed on convictions for monetary crimes, theft, embezzlement, and like charges. Financial – Employers in the financial sector are exempt from some aspects of background check law in Illinois.Health Care – State law requires that any applicant who comes in direct contact with patients, children, elderly, or the disabled must undergo a fingerprint-based background check, a records check of mental health, and other records retained by the Department of Health.Law Enforcement – Agencies hiring law enforcement agents may require an expanded state and FBI fingerprint-based background check that will include all information available in the un-redacted form.Illinois law requires background checks on certain classes of employees and provides exemptions to some of the state’s employee protections. Birth, death, and adoption records are not public and can only be accessed by individuals with a specific tie to the relevant data.īackground Checks for Employment in IllinoisĪll Illinois employers must follow certain rules when hiring applicants or reviewing current employees’ criminal history records. An exception is marriage and divorce records, which may be accessed through the court that issued the union or dissolution. Generally, most records retained by DPH are not available to the public. Vital records are retained by the Illinois Department of Public Health, Division of Vital Records. Some courts allow online records requests. No documents are available online but can be requested in person at the courthouse that retains the record. Access is free to the public, but the results are limited to final disposition. Reporting courts may include civil, criminal, traffic, and family law cases. Of the 102 Circuit Courts in Illinois, 73 post case information online for public access through. The Illinois Courts are responsible for retaining most court records. Illinois allows access to the public to the Methamphetamine Manufacturer Database. Criminal records are public under state law however, certain aspects of criminal records are restricted to law enforcement use. The Illinois State Police, Bureau of Criminal Investigation (BCI) is the state repository for criminal history information in Illinois. ![]() Employers should use a process of consideration that examines the age of a crime, the nature and sentencing, and the relevance of the crime to the job at hand. Under the Uniform Conviction Information Act, employers are expected to balance conviction information against the job’s nature. The Illinois Department of Human Rights has issued guidelines to Illinois employers that use background checks to ensure compliance with federal and state anti-discrimination laws. Applicants must be given a copy of the record. The Act enables employers to use conviction records as a basis of employment decisions but requires that employers receive signed consent before initiating a background check. ![]() Employers may not make employment decisions against employees or applicants based on convictions due to a guilty plea that resulted in a sentence of supervision once the sentence is complete, and a judge has approved the completion of sentencing. The Act prevents Illinois employers from asking applicants about arrests that did not lead to a conviction, sealed, or expunged records. Illinois ensures that employers’ use of background checks is not done in a discriminatory manner through legislation called the Criminal Identification Act. While employers in Illinois can use background checks, including those produced by third-party companies, state law restricts what information is provided and how employers may use records obtained. Unofficial background checks are done by accessing the public records of the Illinois agencies that retain the documents. Many agencies hold records in Illinois, but most records can be found through either background checks using criminal records history, court records, or vital records. The FOIA establishes the requirements state agencies must meet to retain records and make them accessible to the public. The Illinois Freedom of Information Act ensures public access to government records and documents that can include hand-written notes, meeting minutes, and electronic communications. ![]()
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