I have a past drug arrest that didn't lead to conviction or formal charges, arrest only. IL, where I reside, doesn't allow an employer to inquire or access arrest records for hiring purposes (IL 775 ILCS/5/2-103). If I apply for jobs in IL for companies that have IL offices, but corp headquarters or offices in other states can they sidestep IL 775 ILCS 5/2-103 by conducting my background check in one of their other offices that allows arrest records to be accessed (FL, for example)? I fear that a company w/ HQ in a state that can access arrests on a background check can always claim that ALL employees are first hired by their main office (in FL, for example) instead of their IL office
Is it determined by:
- applicant's residence state
- branch office location
- main office/HQ location
You are right, an employer cannot inquire into an arrest that did not lead to a conviction. It is a violation of the federal law on discrimination. This arises from the fact that more blacks were being arrested (and not convicted) than whites. So, to allow arrests to impact hiring would discriminate against blacks. While the other attorneys are right they can do a background check, the companies that supply it, do not supply arrests only. There are jobs that an arrest is critical and they are exempt. Such as police and defense contractors... Hope that helps.
Jeff Jacobson. Helping those with serious employment matters good over 20 years.
Start over
Read the statute again. Employers all across the state of Illinois conduct employment background checks legally.
(775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
Sec. 2-103. Arrest Record.
(A) Unless otherwise authorized by law, it is a civil rights violation for any employer, employment agency or labor organization to inquire into or to use the fact of an arrest or criminal history record information ordered expunged, sealed or impounded under Section 5.2 of the Criminal Identification Act as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment. This Section does not prohibit a State agency, unit of local government or school district, or private organization from requesting or utilizing sealed felony conviction information obtained from the Department of State Police under the provisions of Section 3 of the Criminal Identification Act or under other State or federal laws or regulations that require criminal background checks in evaluating the qualifications and character of an employee or a prospective employee.
(B) The prohibition against the use of the fact of an arrest contained in this Section shall not be construed to prohibit an employer, employment agency, or labor organization from obtaining or using other information which indicates that a person actually engaged in the conduct for which he or she was arrested.
(Source: P.A. 96-409, eff. 1-1-10.)
It does not matter about the location of the potential employee or the employer. The employer even in Illinois, can conduct a background check. You misunderstood the statute.
