expungment criminal background checks

Starting next year potential employers will not be allowed to ask about criminal histories of job applicants.

Beginning January 1, 2015, Illinois Law will not allow employers from asking about, requiring to disclose or using as a hiring factor, a person’s criminal history.

This law may sound curious at best, dangerous at worst, but the new law has considered what employers will fall under the law. According to the law, an employer is defined as having at least 15 employees. The law also specifies that jobs where federal background requirements are in place, individuals who are licensed under Illinois’ Emergency Medical Services System Act are considered exempt.

Potential employers can send notice to potential employees indicating what what types of offenses will eliminate an applicant. These offenses can be either federal, state or against the “employer’s policy”.

While the law will not provide a blanket protection for those with criminal pasts, it will open up job opportunities for some. Additionally, once an applicant is considered qualified for a position, a criminal background check can be performed. What the law hopes for is that an employer will have determined that a person is qualified before seeing his or her criminal history.

The Law also states that a person cannot sue a potential employer for allegedly using the person’s criminal history in hiring. An employer who violates the law is subject to fines of up to $1500.

Having a criminal history can prevent you from seeking employment. The Law Office of Purav Bhatt can expunge or seal your record. Contact our office at 773-791-9682.