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Arrests and Convictions in Illinois (IL)

Prohibited Actions

All private employment agencies and all private employers with 15 or more employees (in the current or preceding calendar year) in Illinois are prohibited from inquiring about, considering or requiring disclosure of an applicant’s criminal record or history until after:

• The applicant has been determined qualified for the position; and
• The employer has notified the applicant that the applicant has been selected for an interview.

If the employer or employment agency does not conduct an interview, such inquiries, considerations, or disclosures may not be made or requested until after a conditional offer of employment is made.

Exceptions

These requirements do not apply for positions where:

• Employers are required to exclude applicants with certain criminal convictions from employment under state or federal law;
• A standard fidelity bond (or an equivalent bond) is required and an applicant's conviction of one or more specified criminal offenses would disqualify him or her from obtaining such a bond; or
• Employers employ individuals licensed under the emergency medical services laws.

The law does not prohibit an employer from notifying applicants in writing of the specific offenses that will disqualify an applicant from employment in a particular position due to federal or state law or the employer's policy.

Arrests and Convictions in Indiana (IN)

Indiana regulates the use of arrest and conviction records by private employers as follows:

Permitted Access to Records

• Employers may obtain records relating to arrests and charges for felonies and class A misdemeanors that occurred either:
  • Less than one year before the date of the request; or
  • One year or more before the date of the request, if the associated criminal proceedings have been concluded or indefinitely postponed.
• Criminal history information includes identifiable descriptions and notations of arrests, indictments, informations, or other formal criminal charges; information, including a photograph, regarding a sex or violent offender obtained through sex or violent offender registration; any disposition, including sentencing, and correctional system intake, transfer, and release; a photograph of the person; and certain finger print information.     

Prohibited Use of Records

• Employers may not use arrest and conviction records for purposes other than those stated in the request or for purposes that would deny any civil right of the person who is the subject of the records.
• An employer may not ask an employee, contract employee, or applicant whether the person's criminal records have been sealed or restricted.  Additionally, information relating to certain infractions will not be disclosed and applicants may state that they have not been convicted of the infraction. 
• It is generally unlawful discrimination for an employer to suspend; expel; refuse to employ; refuse to admit; refuse to grant or renew a license, permit or certificate necessary to engage in any activity, occupation or profession; or otherwise discriminate against any person because of a conviction or arrest record expunged or sealed under the law.
• In any application for employment, license, or other right or privilege, a person may be questioned about a previous criminal record only in terms that exclude expunged convictions or arrests, such as: "Have you ever been arrested for or convicted of a crime that has not been expunged by a court?"

Louisiana Arrests and Convictions

Louisiana regulates the use of arrest and conviction records by private employers as follows:

Prohibited Actions

 Employers may not:

• Ask applicants about criminal arrests or charges that did not result in conviction;
• Request non-conviction criminal record information from any source about an applicant; or
• Consider non-conviction criminal record information about an applicant in any way when making hiring decisions, unless another applicable law requires otherwise it.  

Individual Assessment Requirement

For records involving charges for which an applicant was convicted, the law requires employers to make an individual assessment of whether an applicant’s criminal history record has a direct and adverse relationship with the specific duties of the job that may justify denying the applicant the position.

As part of this assessment, an employer must consider all of the following:

• The nature and gravity of the offense or conduct;
• The time that has elapsed since the offense, conduct or conviction; and
• The nature of the job sought.

Obligation to Provide Information to Applicants

The law also imposes a requirement for employers to provide applicants with any background check information they use during the hiring process. However, this obligation applies only if an applicant makes a written request for the information.

Arrests and Convictions in Mississippi (MS)

Mississippi regulates the use of arrest and conviction records by private employers as follows:

Permitted Access to Records

• Employers who obtain written consent from an applicant or employee (or who are authorized by law to obtain criminal history record information) may access state criminal convictions records (from March 1998 to the present) and arrest information which is less than 1 year old. 

Prohibited Use of Records

• Employers may not access non-conviction information relating to:
  • Arrests without disposition information if 1 year has elapsed from the date of arrest and no active prosecution for the charge is pending;
  • Acquittals; or
  • Dismissals.
• Applicants and employees may deny the existence of expunged records. 
• Employers may not disclose criminal records unless authorized by law.