When does Illinois's Clean Slate law take effect?

The law was signed in late 2025. The Illinois State Police begins system development in July 2026, and the automated sealing system goes live on January 1, 2029. Until then, you can still petition for sealing or expungement under existing Illinois law (20 ILCS 2630). Once the system is live, eligible records will be sealed automatically without the need to file a petition.

What records will be automatically sealed under Clean Slate?

Dismissals and acquittals will be sealed immediately upon system launch. Successful supervision and qualified probation records will be sealed 2 years after completion. Misdemeanor convictions will be sealed 2 years after sentence completion. Eligible felony convictions will be sealed 3 years after sentence completion. Records excluded from auto-sealing include murder, Class X felonies, sex offenses, human trafficking, DUI, and domestic battery.

Can Illinois employers ask about arrests that didn't lead to conviction?

No. The Illinois Human Rights Act (775 ILCS 5/2-103) explicitly prohibits employers from inquiring about or using arrest records that did not result in a conviction. If an employer asks about non-conviction arrests, they are violating state law. You can file a complaint with the Illinois Department of Human Rights.

When can Illinois employers ask about my criminal record?

Under JOQAA (the ban-the-box law), employers with 15 or more employees cannot ask about criminal history until after conducting an interview or making a conditional job offer. Smaller employers are not covered by JOQAA but still cannot ask about arrests without conviction. Criminal history questions on job applications from covered employers are a violation of state law.

What happens if an Illinois employer wants to reject me based on my record?

Employers subject to JOQAA must conduct an interactive assessment before taking adverse action. They must consider the nature of the offense, time elapsed, job relevance, and evidence of rehabilitation. They must also provide you with written notice of a preliminary denial and give you an opportunity to respond with additional information before making a final decision.

Can I still petition for expungement before Clean Slate takes effect?

Yes. You do not have to wait until 2029. Under the existing Criminal Identification Act (20 ILCS 2630), you can petition to seal or expunge eligible records right now. Expungement is available for arrests without conviction, supervision completions, and some other dispositions. Sealing is available for many convictions after waiting periods. Contact a legal aid organization for help with your petition.

Does Illinois ban-the-box apply to all employers?

JOQAA applies to employers with 15 or more employees, covering both public and private sector. Smaller employers are not covered by the ban-the-box requirement specifically, but they are still prohibited from using arrest records without conviction under the Human Rights Act. The City of Chicago has its own fair-chance ordinance that may cover additional employers.

Illinois Background Check Laws

Mixed / conditional limitsLast updated: 2026-04-01

Illinois prohibits employers from considering arrest records without convictions. The state has ban-the-box for employers with 15+ employees (cannot ask until after interview or conditional offer). Illinois passed a landmark Clean Slate law (HB 1836) in late 2025 — auto-sealing begins January 1, 2029, covering dismissals, supervision, qualified probation, misdemeanors, and eligible felonies.

Overview

Illinois is one of the most progressive states in the country for people with criminal records. The state offers strong employment protections, a robust ban-the-box law covering private employers, and — most significantly — a new Clean Slate law (HB 1836) signed in late 2025 that will eventually auto-seal a wide range of criminal records. While the Clean Slate system is still being built (the Illinois State Police begins development in July 2026, with the system going live January 1, 2029), it represents a transformative change for hundreds of thousands of Illinoisans. Under the Illinois Human Rights Act, employers are prohibited from considering arrest records that did not result in a conviction. While Illinois does not impose a traditional 7-year lookback limit on convictions reported by consumer reporting agencies, the combination of ban-the-box, arrest record protections, and the upcoming Clean Slate law creates one of the strongest frameworks for fair-chance hiring in the nation. The Job Opportunities for Qualified Applicants Act (JOQAA) — Illinois's ban-the-box law — applies to employers with 15 or more employees and prohibits criminal history inquiries until after an interview has been conducted or a conditional offer of employment has been made. This gives applicants a meaningful opportunity to demonstrate their qualifications before their record enters the conversation.

How Far Back Does a Background Check Go in Illinois?

Record Type	Rule in Illinois
Felony Convictions	Reported indefinitely under current law. Under the Clean Slate law (effective 2029), eligible felony convictions will be automatically sealed 3 years after sentence completion. Exclusions apply for murder, Class X felonies, sex offenses, human trafficking, DUI, and domestic battery.
Misdemeanor Convictions	Reported indefinitely under current law. Under the Clean Slate law (effective 2029), misdemeanor convictions will be automatically sealed 2 years after sentence completion.
All Convictions	No traditional state lookback limit on conviction reporting by consumer reporting agencies. However, many conviction records will be automatically sealed under the Clean Slate law starting January 1, 2029, which will effectively remove them from background checks.
Arrests (No Conviction)	PROHIBITED. Under the Illinois Human Rights Act (775 ILCS 5/2-103), employers cannot inquire into or use arrest records that did not result in conviction as a basis for employment decisions. This is a strong, long-standing protection.
Pending Cases	Pending cases can be reported and considered since they represent ongoing legal proceedings. However, employers should distinguish pending charges from convictions in their evaluation.

Ban the Box / Fair Chance

Yes — covers private employers

The Job Opportunities for Qualified Applicants Act (JOQAA, 820 ILCS 75) applies to employers with 15 or more employees. Employers cannot ask about criminal history on job applications or during interviews until after an interview has been conducted or a conditional offer has been made. Employers must also perform an interactive assessment before taking adverse action based on criminal history, considering factors like the nature of the offense, time elapsed, and the job's duties.

Effective: 2015-01-01

Clean Slate / Auto-Sealing

Yes — automatic sealing

Illinois passed landmark Clean Slate legislation (HB 1836) signed in late 2025. The Illinois State Police (ISP) begins system development in July 2026, with the automated sealing system going live on January 1, 2029. Auto-sealing will cover: dismissals and acquittals (immediately upon system launch), successful supervision and qualified probation (2 years after completion), misdemeanor convictions (2 years after sentence completion), and eligible felony convictions (3 years after sentence completion). Records excluded from auto-sealing include: murder, Class X felonies, sex offenses, human trafficking, DUI/DWI, and domestic battery. Until the system launches, individuals can still petition for sealing and expungement under existing Illinois law (20 ILCS 2630).

Effective: 2029-01-01

What Employers Can Do in Illinois

When can employers ask about criminal history?: Employers with 15+ employees cannot ask about criminal history until after an interview has been conducted or a conditional offer of employment has been made (JOQAA). Employers with fewer than 15 employees are not covered by the JOQAA but are still prohibited from using arrest records under the Human Rights Act.
What can they consider?: Employers cannot consider arrest records without conviction. For convictions, employers subject to JOQAA must conduct an interactive assessment before taking adverse action, considering: (1) the nature and severity of the offense, (2) how much time has passed, (3) the nature of the job, (4) evidence of rehabilitation, and (5) the applicant's employment history. Employers must provide written notice of preliminary denial and allow the applicant to respond.
Individualized assessment required?: Yes — employers must evaluate each applicant individually, considering the nature of the offense, time elapsed, and relevance to the job.

Key Laws in Illinois

Illinois Clean Slate Act (HB 1836)(2025)
Landmark automatic record-sealing law signed in late 2025. ISP begins development July 2026; automated sealing goes live January 1, 2029. Auto-seals dismissals, acquittals, supervision, qualified probation, misdemeanor convictions (2 years), and eligible felony convictions (3 years). Excludes murder, Class X felonies, sex offenses, human trafficking, DUI, and domestic battery.
Job Opportunities for Qualified Applicants Act (JOQAA, 820 ILCS 75)(2015)
Illinois ban-the-box law covering private employers with 15+ employees. Prohibits criminal history inquiries on applications or during interviews. Requires interactive assessment before adverse action based on criminal history.
Illinois Human Rights Act (775 ILCS 5/2-103)(1980)
Prohibits employers from using arrest records that did not result in a conviction as a basis for refusing to hire, discharging, or otherwise discriminating against an individual. This is one of the strongest arrest record protections in the country.
Criminal Identification Act (20 ILCS 2630)(1975)
Governs sealing and expungement of criminal records in Illinois. Allows petition-based sealing for a wide range of offenses. Will be supplemented by the automated Clean Slate system starting in 2029.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. Illinois state protections (arrest record ban, ban-the-box, upcoming auto-sealing) provide significantly more protection than the FCRA baseline.

Frequently Asked Questions — Illinois

How far back does a background check go in Illinois?: Illinois does not currently have a strict time limit on how far back convictions can be reported. However, arrest records that did not result in conviction cannot be considered at all. Starting January 1, 2029, the Clean Slate law will automatically seal many conviction records — misdemeanors after 2 years and eligible felonies after 3 years — which will effectively limit how far back many records go.
When does Illinois's Clean Slate law take effect?: The law was signed in late 2025. The Illinois State Police begins system development in July 2026, and the automated sealing system goes live on January 1, 2029. Until then, you can still petition for sealing or expungement under existing Illinois law (20 ILCS 2630). Once the system is live, eligible records will be sealed automatically without the need to file a petition.
What records will be automatically sealed under Clean Slate?: Dismissals and acquittals will be sealed immediately upon system launch. Successful supervision and qualified probation records will be sealed 2 years after completion. Misdemeanor convictions will be sealed 2 years after sentence completion. Eligible felony convictions will be sealed 3 years after sentence completion. Records excluded from auto-sealing include murder, Class X felonies, sex offenses, human trafficking, DUI, and domestic battery.
Can Illinois employers ask about arrests that didn't lead to conviction?: No. The Illinois Human Rights Act (775 ILCS 5/2-103) explicitly prohibits employers from inquiring about or using arrest records that did not result in a conviction. If an employer asks about non-conviction arrests, they are violating state law. You can file a complaint with the Illinois Department of Human Rights.
When can Illinois employers ask about my criminal record?: Under JOQAA (the ban-the-box law), employers with 15 or more employees cannot ask about criminal history until after conducting an interview or making a conditional job offer. Smaller employers are not covered by JOQAA but still cannot ask about arrests without conviction. Criminal history questions on job applications from covered employers are a violation of state law.
What happens if an Illinois employer wants to reject me based on my record?: Employers subject to JOQAA must conduct an interactive assessment before taking adverse action. They must consider the nature of the offense, time elapsed, job relevance, and evidence of rehabilitation. They must also provide you with written notice of a preliminary denial and give you an opportunity to respond with additional information before making a final decision.
Can I still petition for expungement before Clean Slate takes effect?: Yes. You do not have to wait until 2029. Under the existing Criminal Identification Act (20 ILCS 2630), you can petition to seal or expunge eligible records right now. Expungement is available for arrests without conviction, supervision completions, and some other dispositions. Sealing is available for many convictions after waiting periods. Contact a legal aid organization for help with your petition.
Does Illinois ban-the-box apply to all employers?: JOQAA applies to employers with 15 or more employees, covering both public and private sector. Smaller employers are not covered by the ban-the-box requirement specifically, but they are still prohibited from using arrest records without conviction under the Human Rights Act. The City of Chicago has its own fair-chance ordinance that may cover additional employers.

Illinois Resources

Illinois State Police — Criminal Record Review
Request your Illinois criminal history record, check your rap sheet for accuracy, and learn about the record sealing and expungement process.
Illinois Legal Aid Online — Expungement & Sealing
Free legal information and step-by-step guides for petitioning to seal or expunge your criminal record in Illinois.
Cabrini Green Legal Aid
Provides free legal services for criminal record expungement, employment rights, and reentry support in the Chicago area.
Illinois Department of Human Rights
File complaints about employment discrimination, including violations of the ban-the-box law or use of arrest records without conviction.
National Expungement Works
National organization that holds free expungement clinics in Illinois and other states, providing direct legal help with record clearing.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Illinois for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

← Idaho Indiana→