How long are employers allowed to look back on your criminal record in Illinois?
When you fill out applications for employment they always say list all arrests/convictions on your record within X number of years. How many years is it in Illinois? What state has the shortest time frame for looking back on criminal records? I have a reckless driving charge on my record which can never be sealed or expunged under the new 2010 laws in illinois and I do not want to ruin my future employment opportunities over trying to hide a misdemeanor.
- PooPooLaTrashLv 710 years agoFavorite Answer
Seven years. Illinois has no statute overriding federal law (Fair Credit Reporting Act) which mandates that criminal background checks may only go back seven years. However a federal level background check for a high security clearance, state licensure, or MEPS can go back for as long as you have been alive.
Illinois state law:
Abide by the Federal Trade Commission’s Fair Credit Reporting Act (FCRA), 15 U. S. C. § 1661 et seq. and the following state ruling:
(20 ILCS 2635/7 (A) (1) (2) (from ch. 38, par. 1607) – Illinois Uniform Conviction Information Act
The following provisions shall apply to requests submitted pursuant to this Act for employment or licensing purposes or submitted to comply with the provisions of subsection (B) of this Section: (1) A requester shall, in the form and manner prescribed by the Department (Illinois Department of State Police), submit a request to the Department, and maintain on file for at least 2 years a release signed by the individual to whom the information request pertains. The Department shall furnish the requester with a copy of its response. (2) Each requester of conviction information furnished by the Department shall provide the individual named in the request with a copy of the response furnished by the Department. Within 7 working days of receipt of such copy, the individual shall have the obligation and responsibility to notify the requester if the information is inaccurate or incomplete.
- 10 years ago
Any search of a record searches, the WHOLE record is available. There is no legal time limit, so any conviction will show up. How much weight the company will give to it is up to them, but it's all available.
- smedrikLv 710 years ago
Your entire criminal background can legally be inspected with the exception of sealed juvenile records.
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- 10 years ago
If its in your record and not sealed or expunged its there forever, its will always show up, whether its been five years or fifty.