In Illinois, criminal background checks are often required for employment, licensing, and various other legal reasons. Employers, landlords, and volunteer organizations often use background checks to assess risk and make informed decisions.
When conducting a criminal background check in Illinois, it’s vital to understand the laws and regulations specific to the state. Employers, in particular, must comply with a complex web of federal, state, and local rules. It’s not as simple as running a search and making a decision.
This article will cover the types of background checks available, the legal considerations you need to be aware of, and the best resources for conducting a criminal background check in Illinois.
Types of background checks in Illinois
There are a few different ways to check someone’s background in Illinois, depending on what kind of information you need and what the background check is for.
Name-based background checks
A name-based background check scours available public records for information associated with a specific name. This is different from a fingerprint-based check, which uses biometric data to ensure accuracy.
In Illinois, you can request a name-based check through the Criminal History Information Response Process (CHIRP). You can find CHIRP here. The Illinois State Police also provides a registration and troubleshooting guide to assist you.
Fingerprint-based background checks
Certain industries in Illinois, such as childcare, education, and healthcare, require fingerprint-based background checks. To get one, you’ll need to submit your fingerprints to the Illinois State Police.
Other types of background checks
Depending on the job, employers may also request:
- Driving record check
- Education verification
- Employment verification
- Credit check
- Drug test
Illinois Background Check Laws and Regulations
Both federal and state laws regulate how background checks can be performed in Illinois.
Federal Laws
The Fair Credit Reporting Act (FCRA) plays a big role in background checks, especially those performed by Consumer Reporting Agencies (CRAs). The FCRA puts limits on what information can be reported and how it can be used. For instance, some regulations say that certain negative information, like civil lawsuits or paid tax liens, can’t be reported after seven years.
The FCRA also spells out the steps employers have to take if they decide not to hire someone based on the results of a background check. These “adverse action” procedures are designed to give the applicant a chance to review the information and explain any discrepancies.
Illinois State Laws
On top of federal laws, employers in Illinois have to follow state laws about background checks. These laws can be pretty specific, particularly for industries like childcare and healthcare, where fingerprint-based background checks are often required.
Ban-the-Box Laws in Illinois
Illinois also has “ban-the-box” laws, which aim to give people with criminal records a fair chance at employment. These laws restrict when employers can ask about an applicant’s criminal history. The idea is to delay those questions until later in the hiring process, giving the applicant a chance to be judged on their qualifications first.
Conducting background checks: DIY vs. third-party providers
When you’re doing a background check, you can either do it yourself or hire a third-party provider to do it for you.
DIY background checks
If you decide to do it yourself, you’ll need to access court records, contact previous employers, and verify educational credentials. The challenge with this approach is ensuring you’re complying with all applicable laws and regulations. It can be a lot to keep track of.
Using third-party background check providers
One option is to partner with a third-party background check provider like GoodHire. These companies can streamline the process, reduce your costs, and make sure you stay in compliance with the law.
Whatever provider you choose, make sure they follow the Fair Credit Reporting Act (FCRA).
Costs, turnaround times, and what shows up
How much should you budget for background checks? How long will they take? And what information will they reveal?
Costs of background checks
The price of a background check depends on how extensive it is, and which provider you choose. You can expect to pay as little as $20 for a basic check, or hundreds for a more in-depth investigation.
Turnaround times
The type of check you request can affect how long the background check takes, as does whether you’re using a third-party provider. Expect to wait anywhere from a few hours to several weeks to receive the results.
What shows up on a background check?
A background check usually reveals criminal and driving records, along with employment history and other data. Depending on the job requirements, a felony or certain misdemeanors can disqualify a candidate. Providing inaccurate or false information can also be grounds for disqualification.
County Resources in Illinois
Keep in mind that Illinois counties may have slightly different requirements when it comes to criminal background checks. It’s important to be aware of those differences before you start your search.
Here are some of the most populous counties in Illinois and some resources you may find helpful:
- Cook County: [AI-generated link to Cook County resources]
- DuPage County: [AI-generated link to DuPage County resources]
- Lake County: [AI-generated link to Lake County resources]
- McHenry County: [AI-generated link to McHenry County resources]
- Will County: [AI-generated link to Will County resources]
Key Takeaways
Running a criminal background check in Illinois requires knowing the laws, understanding the different kinds of background checks available, and choosing a trustworthy provider.
It’s crucial to do your homework and comply with all applicable laws. Employers should always speak with an attorney to ensure they’re following the law.
Ultimately, background checks should be used fairly, ethically, and responsibly. They’re meant to help you make informed decisions, not to unfairly discriminate against people or to violate their rights.