As of 1/1/10 - ***NOTE: Laws change continuously - only good as of the date indicated and
NOT after - call an attorney for updated information
(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.)