Pre-employment background check in Illinois

Question

I have a felony arrest record but my case is still pending in Cook county. The employment application asks for disclosure on "conviction only'.

What does pre-employment background check show? Since there is no conviction, will the arrest record show up? Will a pending case show up in the background check?

Answer 1

Call the police station and ask. That's what HR would do.  

Answer 2

Yes, the pending case should be discovered by the background screening company.  While you are correct it is not a conviction, it could hinder your ability to be at work and conduct your job duties if the charges amount to a trial and subsequent conviction.  It is well within the FCRA for an employer to withhold a job offer due to a pending case.  

Answer 3

This all depends upon the type of background check that is conducted by your employer.  There are a variety of methods that employers use when conducting background checks.  Yes, arrest records do typically show up.  Background checks are regulated by the FCRA, if they use an outside source to conduct the search as well as state laws.  For more information check out the FCRA and your state employment laws.  This website provides tons of valuable information regarding your privacy rights.  Some of it focuses on California laws, but the Federal information applies to all states.  http://www.privacyrights.org/fs/fs16-bck...

Answer 4

Depending on the type of background check (company).  The one we do, we get all convictions state wide, restraining order, pending cases, and arrests.

So, it depends on the type of background.  Just be honest.  If you application states "conviction", well, you have not been convicted.  Therefore, you do not put nothing on their.  More than likely, the arrest will show up and show a pending case.