Illinois background check laws
A practitioner-grade reference to Illinois pre-employment background screening: lookback caps, ban-the-box scope, salary-history limits, cannabis testing rules, and the statutes the SafestHires compliance team applies on every order routed to IL.
The four levers at a glance
| Lookback period | 7 years (FCRA default) |
| Ban-the-Box scope | Statewide (Job Opportunities for Qualified Applicants Act) |
| Salary history | Banned (820 ILCS 112) |
| Cannabis testing | CRTA off-duty protection |
Lookback period
Illinois follows the FCRA window. Sealed and expunged records under 20 ILCS 2630/5.2 must be suppressed.
Ban-the-Box and Fair Chance rules
Employers with 15+ workers may not inquire about criminal history until after the candidate is selected for an interview or, where no interview occurs, until after a conditional offer.
Salary history
The Equal Pay Act bars salary-history inquiries and, as of 2025, requires pay scale and benefits in job postings for employers with 15+ workers.
Cannabis & drug testing
The Cannabis Regulation and Tax Act (820 ILCS 55) protects off-duty use; impairment must be demonstrated by articulable symptoms.
Governing statutes & references
- 820 ILCS 75 (JOQAA)
- 820 ILCS 112
- 820 ILCS 55
- 20 ILCS 2630/5.2
SafestHires compliance note
Equal Pay Act amendments effective 2025 require pay scale and benefits in postings.