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  1. #1

    Question How Will an Illinois Arrest Affect Future Employment

    I was arrested, but not convicted. Can an employer take back the job offer?

    In 2001, I was pulled over for speeding, and then arrested for DUI and I had marijuana paraphernalia and minimal amount of marijuana. I didn't blow or walk, was taken to the Police Station, photographed, fingerprinted and waited in a cell till a friend could pick me up. I hired a lawyer and was never convicted of the DUI, therefore the marijuana arrest was never entered into the court proceedings. I was put on probation (I think 6 mos, maybe a year), completed it successfully. There is no record on my Illinois driving record - because of my successful probation. I did a generic State background check, and nothing came up (except traffic things). I will be working on a county-based search next, to see what might come up.

    I know I was NOT convicted, but can this legally affect my ability to get a job? (I found 775 ILCS 5/2-103‏, but I don't understand how the OR affects the outcome - the or between arrest of conviction). I just recently found out about expunging, and will pursue that, but will this be a day late, a dollar short? Since that arrest, the only thing on my record is a traffic violation in 2005.

    Thank you in advance for your help!

    BTW - the job application only asked about convictions, not arrests... So I did answer that truthfully.

    (Illinois based employer)

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: How Will an Illinois Arrest Affect Future Employment

    Illinois acts (citations) re applicants/employees arrest/conviction records:

    Arrests - Employers may not inquire into or use the fact of an arrest as a basis for refusing to hire.

    Convictions: Employers may inquire into and use the fact of a conviction as a basis for refusing to hire. But under the Criminal Identification Act, employers may not inquire into or use the fact of a criminal history record that has been expunged, sealed, or impounded, and employers must include on applications language stating that applicants aren't obligated to disclose expunged or sealed records of arrests or convictions. Those requirements of the Criminal ID Act, however, don't apply to the state police, Dept. of Corrections, prosecutors' offices, other law enforcement agencies, etc.

  3. #3

    Thumbs up Re: How Will an Illinois Arrest Affect Future Employment

    THANK YOU! That's what I thought, but needed to verify.


  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: How Will an Illinois Arrest Affect Future Employment

    You're welcome.

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