There are laws that help people with criminal records get and keep jobs. This article explains them.

VIDEO: Learn how to clear a cannabis-related criminal record.

Applying for a job

An employer may not ask about:

• Arrests that did not lead to a conviction,
• Your juvenile record, or
• A sealed or expunged criminal record.

They also can't ask about any other aspects of your criminal record until you are:

• Scheduled for an interview, or
• Provided a conditional offer of employment.

Employers may ask about your criminal record if you are applying to a job that requires:

• An EMS license,
• A fidelity bond, or
• A fingerprint-based background check.
  • This applies to jobs at:
    • Schools,
    • Park districts,
    • Healthcare organizations, and
    • In law enforcement.

Where to file a complaint

Contact the Illinois Department of Human Rights (IDHR) to file a complaint if an employer asks about:

• Arrests that did not lead to a conviction,
• Your juvenile record, or
• A sealed or expunged criminal record.

Contact the Illinois Department of Labor to file a complaint if an employer asks about other parts of your criminal record.

You may also contact Chicago’s Commission on Human Relations if the employer is in Chicago. 

While being employed

Employers may not make decisions using:

• Arrests that did not lead to a conviction,
• Juvenile records, or
• A sealed or expunged criminal record.

This includes decisions related to:

• Recruitment,
• Promotions,
• Renewing employment,
• Selection for training or apprenticeship,
• Discharge,
• Discipline,
• Tenure or terms,
• Privileges, or
• Conditions of employment.

Contact IDHR to file a complaint if an employer violates this rule.

Conviction Record Protection

Employers may not deny the following because of a conviction record:

• Employment,
• Discharge,
• Discipline, or
• Promotions.

However, an employer may deny these things if:

• The employer determines there's a substantial relationship between the conviction and the job, or
• Hiring the employee would create an unreasonable risk to property or the safety or welfare of others.

If an employer decides that your conviction record disqualifies you, they must let you know and explain their decision. The employer is also required to participate in an interactive process with you. During the interactive process, you can explain to the employer why you shouldn't be disqualified. 

To learn more, please review IDHR's Conviction Record Protection - Frequently Asked Questions. To file a complaint, contact IDHR.