Although the skyrocketing unemployment rates are expected to create a problem for those seeking work with a criminal record, there are a number of tools that applicants and employers can use to make rehiring a win-win situation. In Illinois, the best tool available for those with a criminal background involves clearing their background from the official record. State law in the state also prohibits employers from asking if an applicant has had criminal records expunged or sealed. It is important to begin this process now because employers are more inclined to hire someone who is in the process of having their record cleared than otherwise and it can take six to nine months to complete the process. In addition, under the Fair Credit Reporting Act (FCRA), background check companies are prohibited from providing records of arrest that are older than seven years from the date of the company’s report (except for positions with salaries greater than $75,000). A few more helpful tools include The Civil Rights Act – Title VII, Illinois Human Rights Act, the Illinois Job Opportunities for Qualified Applicants Act, and the Chicago-JOQAA law.
