Regional Background Check Regulations: Midwest 29 Dec 2017

Do you know the background check laws by state? If you don’t, you could be hit with fines or worse for noncompliance. Here’s an overview of the laws, statutes and executive orders that employers in Minnesota, Illinois, Indiana and Michigan need to know to stay in compliance with the law.

Minnesota

Ban the box

This legislation prevents employers and licensing authorities from running background checks on applicants until that applicant has either been selected for an interview or before a conditional job offer is made. It also prohibits employers from considering records of arrest that did not result in a valid conviction, annulled or expunged convictions, and misdemeanor convictions for which no jail sentence is imposed.

Full disclosure

13C.02 subdivision 2 requires employers to give applicants written notice before running a background check. It also requires employers to offer applicants the opportunity to see a copy of the report within 24 hours and free of charge.

Expenses

181.645 states that employers may not require applicants to pay for their own background checks.

Illinois

Full disclosure on records from the Illinois State Police

20 ILCS 2635/7 states that, regarding records from the Illinois State Police, the department requires the CRA to have a signed release of the criminal record by the applicant. If the record includes conviction information, the CRA must send a copy of the record. If there are any mistakes or discrepancies on the report, the law gives the applicant seven days to notify the CRA.

No discrimination based on being charged but not convicted

775 ILCS 5/2-103 prohibits employers from basing an employment decision on an arrest that doesn’t lead to a conviction, or a criminal record that has been expunged, sealed, or impounded.

Credit Privacy Act

820 ILCS 70 prohibits employers from running credit checks on applicants unless an occupational requirement is established.

Ban the box

This legislation applies to private employers with 15 or more employees or employment agencies. It prevents employers and licensing authorities from running background checks on applicants until that applicant has either been selected for an interview or before a conditional job offer is made.

Michigan

No misdemeanor search

Michigan Compiled Laws Act 453-37.2205a states that employers cannot ask for, assemble, or keep information on an applicant’s misdemeanor arrests, detentions, or dispositions that did not result in convictions. It does not apply to felony charges that have not yet resulted in convictions.

Indiana

Ban the box

This legislation prevents public and private employers and licensing authorities from running background checks on applicants until that applicant has either been selected for an interview or before a conditional job offer is made. It also prohibits employers from considering records of arrest that did not result in a valid conviction, annulled or expunged convictions, and misdemeanor convictions for which no jail sentence is imposed.

New ban-the-box law

In July 2017, a state law went into effect prohibiting any county, city, or town from passing its own ban-the-box law.

Ban-the-box order

An executive order for public sector positions in the state’s executive branch prohibits hirers from inquiring about criminal history or convictions of applicants unless a particular crime is relevant to the specific job the applicant is applying for.

At Trusted Employees, we know that the laws surrounding background checks for employers vary from state to state and can change rapidly. That’s why it’s important to have your pre-employment background checks done by the pros.