Illinois General Assembly - Illinois Compiled Statutes

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775 ILCS 5/2-103

(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 an arrest
record, as defined under subsection (B-5) of Section 1-103, 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 Illinois 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 an arrest record, as defined under paragraph (1) of subsection (B-5) of Section 1-103, contained in
this Act 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. 101-565, eff. 1-1-20; 102-538, eff. 8-20-21.)