An Employer’s Guide to Illinois Background Checks

When hiring in Illinois, employers must follow specific background check regulations to ensure they make informed decisions. However, these regulations are numerous and often complex. 

This guide will explore what a background check reveals, how far back it can go, and the laws that govern the process. Understanding these factors is crucial for organizations seeking to build a safe and trustworthy workforce while complying with hiring regulations.

What Is an Illinois Background Check?

A state background check is a crucial tool that employers use to evaluate a candidate’s history before making hiring decisions. These checks are conducted to assess an individual’s criminal record, employment history, education, and other relevant details. Employers rely on these checks to ensure they’re hiring qualified candidates while protecting their workplace from potential risks.

Background checks often involve reviewing records from multiple sources. The Illinois State Police Bureau of Identification (BOI) manages the Criminal History Information Response Process (CHIRP), which grants non-criminal justice organizations access to criminal documents. Through CHIRP, employers can identify felony and misdemeanor convictions, pending charges, and court outcomes. This system is frequently used within healthcare, education, and financial sectors where criminal history checks are a legal requirement.

In addition to criminal documents, state employers may use the Illinois Department of Financial and Professional Regulation (IDFPR) to confirm professional licenses. This step is particularly important for roles in industries like medicine, finance, and real estate, where licensing is mandatory. Ensuring a candidate’s credentials are valid and current helps employers verify professional qualifications.

A major part of the background check process is ensuring it’s conducted according to state and federal regulations. The Fair Credit Reporting Act (FCRA) requires employers to obtain written consent before initiating the check. The Illinois Human Rights Act also prohibits employers from considering arrest records that did not lead to a conviction. These regulations protect applicants from discrimination and ensure security checks are conducted fairly.

A comprehensive Illinois background check may combine several elements to ensure employers receive a clear and accurate picture of a candidate’s history, promoting fair hiring practices across industries.

What Does an Illinois Background Check Show?

A background check in the Prairie State provides companies with valuable insights into a candidate’s history, helping them make informed hiring decisions. The information revealed in a security check can vary based on the employer’s requirements, industry standards, and the type of screening conducted. Employers may combine multiple types of background checks to obtain a comprehensive understanding of a candidate’s past.

• Criminal History: State background checks often include criminal records accessed through the CHIRP system, maintained by the Illinois State Police. These records reveal felony and misdemeanor convictions, pending charges, and court outcomes. County court files may provide additional case details.
• Employment Verification: This process confirms job titles, employment dates, and employer details. Verifying past roles ensures candidates have the experience they claim, especially for managerial or specialized positions.
• Education Verification: For roles requiring specific degrees, certifications, or professional qualifications, education verification confirms an applicant’s academic achievements. This check may include verifying schools attended, degrees earned, and graduation dates to confirm the applicant meets educational requirements.
  
• Credit History: Employers may request a credit history check for positions involving financial oversight or access to sensitive financial information. While employers cannot view an individual’s credit score, they may review debt obligations, payment patterns, and financial concerns that could signal risks in financially sensitive roles.
  
• Driving Records: The Illinois Secretary of State provides motor vehicle history that reveals DUIs, license suspensions, and other driving-related violations. Workplaces hiring for driving or transportation roles frequently rely on this information to assess an applicant’s driving history.
  
• Civil Court Records: Employers may examine civil court records to identify lawsuits, liens, or judgments that could indicate financial risks or concerns for leadership and finance-related roles.
  
• Professional License Verification: For industries requiring active licensing, such as healthcare, real estate, and financial services, workplaces may verify licenses through the Illinois Department of Financial and Professional Regulation (IDFPR). This ensures candidates hold valid and active credentials.
  
• Sex Offender Registry Check: Employers hiring for positions involving vulnerable populations can search the Illinois Sex Offender Registry to identify registered offenders and assess potential risks.
  
• Drug Testing Results: Pre-employment drug screenings are often conducted in healthcare, transportation, and manufacturing industries. Drug testing results can reveal the presence of substances that conflict with company policies or regulatory standards.
  
• Social Security Number (SSN) Trace: An SSN trace verifies a candidate’s identity, confirms past addresses, and reveals any associated aliases. This check is crucial for ensuring the accuracy of background check information.

By combining these checks, companies can gain a comprehensive understanding of an applicant’s history. Thorough screening ensures that candidates meet the necessary qualifications, comply with company standards, and contribute to a safe and trustworthy workplace.

How Far Back Can a Background Check Go in Illinois?

The timeframe for employment checks in this Great Lakes state depends on the type of information being reviewed and the regulations governing that information. While some records are restricted by federal law, others may be reported unless sealed or expunged.

Under the Fair Credit Reporting Act (FCRA), consumer reporting agencies are generally prohibited from disclosing certain negative information older than seven years. This limitation applies to civil judgments, tax liens, and bankruptcies. However, this rule does not apply to criminal convictions. Felony and misdemeanor convictions can be reported indefinitely unless the record has been sealed or expunged.

Illinois’ Criminal Identification Act allows individuals to petition for the sealing or expungement of certain criminal records. Non-violent felony and misdemeanor convictions may be sealed after a designated waiting period if the individual meets the eligibility criteria. Expunged records are erased from public access and might not be reported or considered in employment screening checks.

Employers conducting background checks in the Land of Lincoln should remain aware of state expungement laws and FCRA limitations to ensure they comply with regulations while conducting thorough and informed security screenings.

How Long Does an Illinois Background Check Take?

The timeline for completing a background check can vary significantly depending on several factors, including the type of information requested, the complexity of the candidate’s history, and the sources involved. 

While some checks can be processed in less than a day, others may require additional time for manual searches or document verification. Workplaces must consider these factors to set realistic expectations during the hiring process.

One of the biggest factors determining the approximate timeline is the type of background check. Some checks rely on automated systems for fast results, while others may involve manual steps that add time to the process.

Criminal History Checks

Criminal history checks in the state are often conducted through the Criminal History Information Response Process (CHIRP), which is managed by the Illinois State Police. This system typically delivers results within minutes for standard criminal record searches. 

However, delays can occur if records require manual review or if there are discrepancies that need further investigation. For a deeper search, workplaces may also conduct county-level criminal checks, which involve contacting local courthouses to obtain records. 

Depending on the county’s processes and whether records are archived or require manual retrieval, county-level checks can take 3 to 10 business days. Smaller counties with limited staffing or older record-keeping systems may require additional time.

Employment Verification

Verifying a candidate’s past employment often takes longer than automated checks because it requires direct communication with previous workplaces. The process may involve contacting HR departments, former supervisors, or payroll providers.

On average, employment verification takes 3 to 5 business days, but delays may occur if past places of work are slow to respond or require written consent before releasing information. For companies that are no longer in business, tracking down archived records may extend this process.

Education Verification

Education verification ensures a candidate’s degrees, certifications, and graduation details are accurate. Employers typically contact universities, colleges, or specialized institutions directly to confirm this information.

While larger institutions with dedicated verification services can respond quickly, smaller schools, older records, or institutions that have since closed typically require additional time. Education verification generally takes 3 to 7 business days but may take longer for international records or institutions that rely on manual record-keeping systems.

Credit History Reports

Credit history checks are typically faster than other verifications, often processed within 24 to 48 hours. 

These reports are obtained directly from major credit bureaus and provide information about financial behavior, outstanding debts, and payment patterns. While companies cannot access an applicant’s credit score, they may evaluate financial stability for roles involving monetary responsibility.

Driving Records

The Illinois Secretary of State maintains driving records, which are often required for roles involving vehicle operation. Employers can request motor vehicle records (MVRs) to assess an applicant’s driving history, including DUIs, license suspensions, and moving violations.

Driving record requests are generally processed within 1 to 3 business days, but delays can occur if identity discrepancies arise or the employer requests records from multiple states.

Professional License Verification

Organizations usually use the Illinois Department of Financial and Professional Regulation (IDFPR) to verify licensing credentials for roles that require active licensing, such as healthcare providers, legal professionals, or real estate agents.

While IDFPR’s online portal often provides fast results, manual inquiries or requests for older licensing information may require additional processing time. Most license verifications are completed within 3 to 5 business days.

Drug Testing Results

 Pre-employment drug screenings are often part of the employment check process in industries such as healthcare, manufacturing, and transportation. The timeline for drug testing depends on the type of test administered.

However, even with efficient systems in place, several additional factors can contribute to delays during the background check process.

Incomplete or Inaccurate Information

Errors in the candidate’s identifying details, such as Social Security numbers, birth dates, or legal names, may require additional steps to confirm the individual’s identity. These discrepancies can significantly slow the process.

Record Complexity

Candidates with extensive criminal records, numerous employment changes, or a long residential history across multiple states may require more record retrieval and data compilation time.

Manual Record Retrieval: Although many records are accessible electronically, some court systems and smaller institutions still rely on manual record-keeping. If documents must be retrieved from physical archives or microfilm, the process may take several extra business days.

Holiday and Court Closures

Court systems and administrative offices often experience closures during holidays, which can cause delays. Additionally, some courthouses may have limited staff or modified hours that slow the record retrieval process.

Employer or Institution Delays

Response delays are common when contacting previous workplaces or educational institutions for verification. Some companies may only respond during specific hours, while others may require additional paperwork, such as signed consent forms, before releasing information.

On average, a comprehensive Illinois screening that includes criminal records, employment history, and educational verification takes between 5 to 10 business days. Simpler checks, such as credit reports or SSN traces, are typically completed in 1 to 2 business days. 

However, complex cases requiring extensive verification or involving multiple counties may take up to 2 weeks or longer.

By understanding the factors influencing background check timelines, Illinois employers can set realistic expectations while ensuring they gather the necessary information to make informed and compliant hiring decisions.

To ensure background checks are completed as efficiently as possible, employers can follow several best practices:

Request Complete Information Upfront

Ensuring candidates provide accurate and detailed information during the application process reduces the likelihood of errors and incomplete records.

Communicate with Candidates

Keeping candidates informed about the employment check process encourages timely responses to follow-up inquiries.

Partner with Experienced Providers

Working with trusted background check providers like ScoutLogic can improve efficiency. Established providers often have streamlined systems, established relationships with agencies, and dedicated staff to handle follow-ups.

Illinois Background Check Laws & Requirements

Illinois employers must comply with several state and federal regulations when conducting background checks to ensure fair and lawful hiring practices. 

Illinois Human Rights Act

The Illinois Human Rights Act prohibits employment discrimination based on race, color, religion, national origin, ancestry, age, sex, marital status, or disability. Employers must ensure that employment screening practices do not unfairly impact protected groups.

Job Opportunities for Qualified Applicants Act 

The Job Opportunities for Qualified Applicants Act, also known as the “ban-the-box” law, restricts organizations from asking about criminal history during the initial application process. Employers may only inquire about a candidate’s criminal history once they have determined the applicant meets the role’s qualifications.

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) requires companies to obtain written consent before performing a screening. If adverse action is taken based on the results, organizations must provide the candidate with a copy of the report and a summary of their rights. Illinois companies promote fair hiring practices and reduce legal risk by following these lawss.

Frequently Asked Questions

What Is the New Background Check Law in Illinois?

The new law is called the Job Opportunities for Qualified Applicants Act and prohibits companies in the state from asking about an applicant’s criminal history during the initial application process. Employers may only inquire about criminal records once they have determined that the applicant meets the job’s qualifications. This law aims to provide fair hiring opportunities for individuals with past convictions.

Can Employers Check Arrest Records in Illinois?

Illinois law prohibits places of work from considering arrest records that did not result in a conviction unless the role is directly related to law enforcement or security. This rule is intended to prevent discrimination based on unproven allegations, ensuring job applicants are evaluated on their skills, experience, and qualifications rather than past arrests that did not lead to a conviction.

Final Thoughts

Conducting background checks in Illinois requires employers to understand state laws, reporting limits, and timelines. Businesses can streamline their screening process by partnering with a trusted provider like ScoutLogic, which provides comprehensive, compliant checks designed to promote informed hiring decisions and workplace safety.

David Garcia

David Garcia, co-founder and CEO of Scout Logic, is an industry leader in the bulk background check world. With his strategic acumen and expertise in the HR sphere, specifically in hiring, recruiting, legal compliance, background checks, and resume screening, he’s an invaluable asset and consultant.

David's counsel extends across the boards of ScoutLogic, YipitData, and Supplier.io, drawing from his impactful stints on the boards of Infutor and Avetta. With an extensive 25-year journey, he champions unparalleled B2B commercial leadership within data & analytics, significantly shaping the HR landscape.