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Illinois Background Check

Any Illinois firm looking to recruit new workers, or considering doing so, should also consider how they will conduct background checks on potential employees.

Conducting a reliable and secure Illinois background check should be the final step in the hiring process for your business rather than an incidental thought.

 

Illinois Background Check

 

Suppose your Illinois firm is within a controlled industry where background checks for employees are required under law or not. In that case, the information you gather from a thorough background check is extremely valuable.

Alongside confirming the identity of prospective employees and criminal background and qualifications, education, and work history, Illinois background checks provide a complete picture of the applicant. As a result, employers can make hiring decisions confidently and minimize risk in hiring someone who is a potential disqualifying background.

The benefit of working with a reputable, trustworthy background check company like The Koleman Group LLC is that we are armed with a deep understanding and vast experience of conducting hundreds of background checks for a vast array of Illinois businesses. In addition, we are knowledgeable about the rules and laws that apply to Illinois background checks.

Utilize this state-specific guide to understand how to conduct an Illinois background check.

Illinois Background Check Laws 2022

Your Illinois business is subject to state, federal, local, and federal regulations and laws regarding how to conduct background checks for employees and how the information gathered in the reports could be used to make hiring choices. The rules and regulations for background checks on employees differ according to state, which is why Illinois companies must be aware of specific state-specific regulations for screening employees.

Federal Laws on Employment Background Checks

The Fair Credit Reporting Act

Alongside the Illinois State laws that regulate employee background checks, your Illinois firm must also comply with laws governing the Fair Credit Reporting Act (FCRA).

One of the main obligations of the FCRA regarding background checks on employees is to give the employee notice of your intention to conduct the background check if you use a third-party service to carry out background checks.

If a potential employee refuses to agree to the background check as part of the hiring process for your business, You have the option to treat their application as being withdrawn.

Title VII

Title VII of the Civil Rights Act was adopted in 1964. It is the first legislation to prohibit discrimination based on protections granted to workers and applicants to jobs across all states, including Illinois. The law is enforced by the Equal Employment Opportunity Commission (EEOC), a federal agency that also makes rules under it.

The Title VII regulations and provisions refer to criminal history information that could be found on Illinois background checks before employment. In addition, the EEOC has issued guidance to employers on how to handle criminal convictions and arrest information that is found in background check results.

Under the EEOC, the information about criminal history which is reported on Illinois background checks before employment should be evaluated on a case-by-case basis, based on how it pertains to the specific job for which the candidate is being considered before deciding on whether to hire him or her based upon this kind of information.

Illinois State Laws on Employment Background Checks

The Illinois Employment Opportunities for eligible applicants Act

in 2014, Illinois approved an Illinois "ban-the-box law" to restrict employers' access to applicants' criminal backgrounds until the end of the process of applying. This law applies to your Illinois company if you have at least 15 employees. Your Illinois company may get exemption from the law if you are legally required to deny job applicants with specific criminal convictions.

Following the Illinois Job Opportunities for Qualified Applicants Act, the employer cannot conduct a background check of a job applicant's criminal record until a conditional offer of employment is made to the potential new hire or the applicant is deemed competent for the position, with an interview scheduled.

Furthermore, an Illinois employer cannot inquire with applicants regarding arrests for crimes that the applicant was not found guilty of or any sealed or expunged criminal record. In the same way, you aren't allowed to consider arrests that have no conviction or record sealed or expunged into consideration when making hiring decisions regarding candidates.

The Illinois Department of Labor is given the power to investigate complaints filed against Illinois employers that are believed to have violated the law. The violators are subject to civil penalties for each offense or failure to remedy the violation they committed at the time of the first.

Illinois SB 1480

Governor J.B. Pritzker signed Senate Bill 1480 on the 23rd of March 2021. The law was amended to amend the Illinois Human Rights Act by adding section 103.1. This law took effect immediately and imposed limitations regarding the utilization of records from convictions by employers when they decide to hire employees.

In this new law, employers cannot employ convictions in hiring decisions unless a significant relationship exists between the convictions and position or when hiring someone could pose a risk that is unreasonable to the security of the property or workplace.

Employers should take into consideration the following six elements to determine if there's an important connection to the conviction or position:

  • What was the time since the verdict was issued?
  • The number of times a person has
  • The seriousness and the nature of the conviction, as well as how it affects the safety of other people
  • The facts and the circumstances that led to the verdict
  • What age the person was at the time the conviction occurred
  • Any effort made to help rehabilitate

 

Suppose the employer decides a significant relationship with the position and job conviction. In that case, the employer has to take an adverse action process similar to that which is permitted under the FCRA.

The law contains an explicit clause that states employers who are legally obliged to deny applicants certain kinds of convictions will be excluded. For instance, some employers in healthcare must consider disqualifying certain violations as per law. Illinois Health Care Worker Background Check Act.

What is shown when you conduct An Illinois background check?

An Illinois background check report includes crucial information regarding a job candidate, such as their professional background, including criminal records, education, and qualifications. Through these background check customization options available through The Koleman Group LLC, you can personalize each employee's background investigation to contain relevant data to your business.

Previous Employment Experience

A complete background check report will confirm the dates and locations of the applicant's employment history. This lets you confirm that the prospective employee has the required expertise and background required for their future work requirements.

Criminal History

A thorough background check will reveal whether the candidate has a discouraging criminal history or is in any offender registry.

Educational and Professional Credentials Verification

Check to see if your new hire has the qualifications and degrees they stated on their application and could be required by the new position. A thorough background check will verify with the relevant educational institutions and certifying bodies that the applicant has earned their specified degrees or certificates.

ID Verification

The primary purpose of the background check is to confirm an applicant's identity, which includes their address of primary. It can also help confirm that an applicant does not fraudulently manipulate you.

Credit Checks

According to the Illinois Employee Credit Privacy Act, Illinois employers are prohibited from using a candidate's credit score as an employment decision-maker. However, there are exceptions for managerial posts, positions that require access to assets worth more than $2,500, and positions that require trade secrets or confidential company information. 

Social Media Checks

A lot of Illinois employers can check the social media profiles of applicants. While this is a valid option, it is not permitted to ask an applicant to give the username or password to log into their Facebook or Twitter accounts. This is why highly skilled and efficient background check agencies like The Koleman Group LLC are important in the investigation process. We have refined social media search tools to discover important information that would otherwise not be easily available through simple searches on the applicant's profile.

How far back does a Background Check Go to Illinois?

The FCRA does not require reporting on arrests for criminals that do not lead to a conviction over seven years prior. In addition, if the applicant is assessed for a job with a pay rate of a minimum $75,000, the restriction is not in place. But, every state can set its time limits regarding how far back employee background checks can be conducted without observing the FCRA's time limits.

According to Illinois law, it is not possible to limit the length of time back, and background checks may go in terms of identifying criminal convictions. But, before using any criminal history that has a negative record to disqualify a candidate, it is important to ensure that the information provided is pertinent to the job being offered and not utilized to disadvantage anyone.

What is the length of time Background Checks Last In Illinois?

One of the disadvantages of getting the background check report from an untested or inexperienced business is that it could take quite a while to receive the results, and they might not be precise or complete. This could hinder the hiring process and could result in losing the most qualified applicants if they have additional jobs in the pipeline.

The good news is that The Koleman Group LLC can provide quick turnaround times for Illinois background checks. That means that you will receive the report in the range of only two or three days. Our ability to speed up the processing of our background check services helps Illinois employers like you speed up and simplify the process of hiring without sacrificing accuracy or thoroughness.

How Do I Verify my Criminal Record in Illinois?

You can request a copy of your personal criminal history in Illinois by submitting a written demand to Illinois State Police, Division of Administration. Criminal history checks are conducted based on the individual's name or fingerprints. The cost of this service is at present $20.

What is the cost of Background checks in Illinois Cost?

While some websites claim to provide free background checks for Illinois, the reports and data available on these websites are typically inaccurate, incomplete outdated, unsuitable, and incompatible with federal and state laws. In addition, the free background check sites for Illinois do not offer services for customer support or customizing options available to Illinois employers, making the reports they produce less reliable.

Certain Illinois companies make the error of assigning their HR rep to check state or county websites of the courts to check the criminal background of a candidate for employment.

This is an ineffective method to determining criminal history since many crimes can get past the filters of the local court website.

It can take a lot of time to go through the records of every single jurisdiction in which the applicant lived, but this isn't necessarily an assurance that you've obtained the complete criminal record. For example, a prospective employee could have been arrested and found guilty of a grave offense outside of the jurisdiction in which they lived.

Due to the severe penalties, employers could face if they fail to meet Illinois or the federal background check requirements, working with a dependable, cost-effective, and reputable third-party service provider like The Koleman Group LLC is the best choice for Illinois businesses.

When you use The Koleman Group LLC, You can choose the background screening reports appropriate for your business to ensure that you don't purchase reports you don't intend to employ. Additionally, with The Koleman Group LLC, we provide significant discounts when you order a larger amount of background check reports.

The most important thing is that when you partner with an approved and affordable background check service provider like The Koleman Group LLC, you'll be able to rest assured that you receive the most accurate and current information on a person's criminal record.

We have the experience, resources, and expertise to ensure the Illinois background check reports that we create are legal and accurate in their facts. Therefore, you'll be able to use the tools we provide available to make the most educated hiring choices for your Illinois company.

What will disqualify you From the Illinois background check?

In Illinois, there are certain kinds of companies and jobs for which applicants are immediately disqualified in the event of certain criminal convictions. For instance, non-licensed health professionals who are directly involved with patients or interact with students have to be checked for criminal convictions.

Your Illinois company could enact a policy that lists the criminal violations that can cause an applicant to be disqualified from working in your company. If you want to disqualify an applicant under this hiring policy, be certain to give a written notice that the hiring policy is in place to a candidate before their appointment and then apply it to all candidates. Discrimination in implementing a hiring policy to make certain applicants unqualified to hire could result in lawsuits under federal or state laws, such as federal law, such as the FCRA and the EEOC.

The Koleman Group LLC Your trusted partner for Fast, Accurate, Compliant Illinois Background checks

Working with The Koleman Group LLC for your business's background check needs means that you will receive prompt and accurate outcomes, prompt customer service, the compliance of all laws applicable, a simplified process for your applicants, and affordable background screening options. Our experienced and trained group consisting of background check specialists is located in The U.S. and always prioritizes the highest screening quality.

The Koleman Group LLC, we customize Our Illinois background check service packages according to the needs of your business instead of providing a standard method for screening employees. Simply put, when joining together with The Koleman Group LLC, your company will not be charged the cost of any background check services that it does not require.

Request a no-cost quote on the internet or by calling at 618-398-3900 to find out more details about Our background check services in Illinois. In addition, request a no-obligation, complimentary meeting with the Illinois background check specialists to discover the ways The Koleman Group LLC can aid your company through the critical background check process.

Disclaimer: The materials provided on this site are intended for educational use only and do not provide legal advice. Contact your attorney should you have any legal questions regarding your particular practices and compliance with applicable laws.


Updated on 2022-06-07 21:33:49 by larry coleman

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