HR Alert

IL Law Clarifies Employers' Obligations Regarding Expunged Juvenile Records

IL Law Clarifies Employers' Obligations Regarding Expunged Juvenile Records

Law Currently in Effect

A new law in Illinois clarifies employers' obligations regarding expunged juvenile records. Highlights of the law are presented below.

Prohibitions
Employers (regardless of size) are generally prohibited from considering expunged juvenile records in employment matters. Employers may not ask--in any format or context--if an applicant has had a juvenile record expunged.

Job Applications
Job applications within Illinois must contain specific language stating that the applicant is not obligated to disclose expunged juvenile records of adjudication or arrest.

Information about an expunged record obtained by a potential employer--even inadvertently--from a job application that does not contain this specific language (that the applicant is not obligated to disclose expunged juvenile records of adjudication or arrest) is treated as dissemination of an expunged record by the employer.

The law is currently in effect. Click here to read the text of the law.


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