What Do I Have to Tell Employers About My Expunged Criminal Record in Illinois?

If you have an expunged criminal record in Illinois, you may be wondering what you need to tell potential employers about it. The good news is that the law does provide some guidance on this issue; the bad news is that there are still a lot of unanswered questions. We’re here to clear up some of the confusion.

What Do I Have to Tell Employers About My Expunged Criminal Record in Illinois?

If your criminal record has been expunged, you don’t have to tell employers that you were ever arrested or involved with the criminal justice system. However, there are some exceptions to this rule. For example, if you’re applying for a job with the Illinois State Police or another law enforcement agency, you’ll need to disclose your expunged record.

Additionally, even though you don’t have to tell employers about your criminal record, they may still be able to find out about it. For example, if you’re applying for a job that requires a background check, the expunged record may still show up in the FBI’s database or other systems that haven’t yet updated.

Related: Can you work for the government if you have a criminal record?

Can Illinois Employers Ask You if You Have Ever Been Convicted of a Crime?

In general, Illinois employers with 15 or more employees are not allowed to ask you if you have ever been convicted of a crime. In the rare circumstances where it’s okay for an employer to ask you this question, they’re only allowed to ask about convictions that are relevant to the job you’re applying for. For example, an employer may be allowed to ask if you have ever been convicted of a crime if you’re applying for a job that involves working with children.

If an employer does ask you about your criminal record, they are not allowed to consider any arrests that did not lead to a conviction.

Related: Can violent crimes be sealed in Illinois?

Do You Need to Talk to an Attorney About Expungement or Sealing?

If you’re tired of your criminal past coming back to bite you, we may be able to help. Call us right now at 847-920-4540 or fill out the form below so we can talk about your case.

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