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Illinois Compiled Statutes

775 ILCS 5/2-103 (2026)

Arrest record

✓ current as of May 2026
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(775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
    Sec. 2-103. Arrest record.
    (A) Unless otherwise authorized by law, it is a civil rights violation for any employer, employment agency or labor organization to inquire into or to use an arrest record, as defined under subsection (B-5) of Section 1-103, as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment. This Section does not prohibit a State agency, unit of local government or school district, or private organization from requesting or utilizing sealed felony conviction information obtained from the Illinois State Police under the provisions of Section 3 of the Criminal Identification Act or under other State or federal laws or regulations that require criminal background checks in evaluating the qualifications and character of an employee or a prospective employee.
    (B) The prohibition against the use of an arrest record, as defined under paragraph (1) of subsection (B-5) of Section 1-103, contained in this Act shall not be construed to prohibit an employer, employment agency, or labor organization from obtaining or using other information which indicates that a person actually engaged in the conduct for which he or she was arrested.
(Source: P.A. 101-565, eff. 1-1-20; 102-538, eff. 8-20-21.)

    
Notes of Decisions
Cited in 19 cases (8 in the last 5 years), 1994–2025 · leading case: Decatur Police Benevolent & Prot. Ass'n Labor Comm. v. City of Decatur, 2012 IL App (4th) 110764 (Ill. App. Ct. 2012).
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Decatur Police Benevolent & Prot. Ass'n Labor Comm. v. City of Decatur, 2012 IL App (4th) 110764 (Ill. App. Ct. 2012). · cites it 3× “The Trial Court Did Not Ignore or Violate Predominant Statutory Law ¶ 26 The Union first argues the trial court erroneously ignored section 15 of the Labor Act (5 ILCS 315/15(a) (West 2008)) and violated section 2-103 of the Illinois Human Rights Act (Human Rights Act) (775 ILCS…”
Murillo v. City of Chicago, 2016 IL App (1st) 143002 (Ill. App. Ct. 2016). · cites it 2× “The next section of the Act backtracks slightly by allowing employers to “[obtain] or [use] other information which indicates that a person actually engaged in the conduct for which he or she was arrested.” 775 ILCS 5/2-103(B) (West 2014).”
Wagner v. Bd. of Educ. of North Shore Sch. Dist. 112, 2023 IL App (2d) 220453 (Ill. App. Ct. 2023). · cites it 2× “Additionally, Wagner argues that the Board is precluded from establishing irremediable cause for - 13 - 2023 IL App (2d) 220453 dismissal, because of its own unlawful conduct in firing him based on his arrest record, in violation of section 2-103(A) the Illinois Human Rights Act…”
Wagner v. Bd. of Educ. of North Shore Sch. Dist. 112, 2023 IL App (2d) 220277 (Ill. App. Ct. 2023). · cites it 2× “Count I of the amended 2023 IL App (2d) 220277-U complaint, the only claim at issue in this appeal, alleged a claim of employment discrimination in violation of the Illinois Human Rights Act (775 ILCS 5/2-103(A) (West 2020)) and sought reinstatement, damages, costs, and attorney…”
Kilpatrick v. The Human Rights Comm'n, 2020 IL App (1st) 190879-U (Ill. App. Ct. 2020). · cites it 3× “” 775 ILCS 5/2-103(A) (West 2014). Effective January 1, 2020, section 2-103(A) was amended to clarify that “arrest record” means, as relevant here, “an arrest not leading to a conviction.”
Ernst v. Parkshore Club Apts. Ltd. P'ship, 863 F. Supp. 651 (N.D. Ill. 1994). · cites it 2× “775 ILCS 5/2-103, 5/2-104. Plaintiff likens' Zarate’s position of employment to that of the security guard in Easley v.”
Murillo v. City of Chicago, 2016 IL App (1st) 143002 (Ill. App. Ct. 2016). “775 ILCS 5/2-103(A) (West 2014). The next section of the Act backtracks slightly by allowing employers to “[obtain] or [use] other information which indicates that a person actually engaged in the conduct for which he or she was arrested.”
74 Fair empl.prac.cas. (Bna) 1138, 71 Empl. Prac. Dec. P 44,940 Alice Jansen v. Packaging Corp. of Am., Kimberly B. Ellerth v. Burlington Indus., Inc., 123 F.3d 490 (7th Cir. 1997). “" 775 ILCS 5/2-103 36 Judge Diane Wood inexplicably criticizes Burlington's policy as "brief" and "skimpy," without explaining how the policy falls short of her ideal.”
McCraven v. City of Chicago, 18 F. Supp. 2d 877 (N.D. Ill. 1998). “§§ 1981 , 1983, and 1985(3), and state law claims for wrongful use of expunged arrest records, 775 ILCS 5/2-103, and for fraud, deceit, and misrepresentation.”
Kilpatrick v. Bd. of Educ. of the City of Chicago, 2022 IL App (1st) 220002-U (Ill. App. Ct. 2022). · cites it 3× “775 ILCS 5/2-103(A) (West 2014) (prohibiting discrimination based upon an individual’s arrest record, or upon criminal history record information ordered expunged, sealed or impounded).”
Pendleton v. The Bd. of Educ. of the City of Chicago, 2023 IL App (1st) 221253-U (Ill. App. Ct. 2023). · cites it 7× “775 ILCS 5/2-103 (West 2018). Plaintiff’s interpretation of section 2-103(A) therefore improperly departs from the plain language of the statute, and we decline to follow it.”
Christopher Hickson v. AT&T Servs., Inc., 641 F. App'x 590 (7th Cir. 2016). · cites it 6× “2004) (no violation of 775 ILCS 5/2-103 where employer fired plaintiff upon discovering from newspaper that he had been arrested for marijuana possession, in violation of employer’s policy, where plaintiff offered no basis to refute that he violated policy).”
Show all 19 citing cases →
— 775 ILCS 5/2-103(A) — 14 cases
Decatur Police Benevolent & Prot. Ass'n Labor Comm. v. City of Decatur, 2012 IL App (4th) 110764 (Ill. App. Ct. 2012). “The Trial Court Did Not Ignore or Violate Predominant Statutory Law ¶ 26 The Union first argues the trial court erroneously ignored section 15 of the Labor Act (5 ILCS 315/15(a) (West 2008)) and violated section 2-103 of the Illinois Human Rights Act (Human Rights Act) (775 ILCS…”
Wagner v. Bd. of Educ. of North Shore Sch. Dist. 112, 2023 IL App (2d) 220453 (Ill. App. Ct. 2023). “Additionally, Wagner argues that the Board is precluded from establishing irremediable cause for - 13 - 2023 IL App (2d) 220453 dismissal, because of its own unlawful conduct in firing him based on his arrest record, in violation of section 2-103(A) the Illinois Human Rights Act…”
Murillo v. City of Chicago, 2016 IL App (1st) 143002 (Ill. App. Ct. 2016). “The next section of the Act backtracks slightly by allowing employers to “[obtain] or [use] other information which indicates that a person actually engaged in the conduct for which he or she was arrested.” 775 ILCS 5/2-103(B) (West 2014).”
Murillo v. City of Chicago, 2016 IL App (1st) 143002 (Ill. App. Ct. 2016). “775 ILCS 5/2-103(A) (West 2014). The next section of the Act backtracks slightly by allowing employers to “[obtain] or [use] other information which indicates that a person actually engaged in the conduct for which he or she was arrested.”
Kilpatrick v. The Human Rights Comm'n, 2020 IL App (1st) 190879-U (Ill. App. Ct. 2020). “” 775 ILCS 5/2-103(A) (West 2014). Effective January 1, 2020, section 2-103(A) was amended to clarify that “arrest record” means, as relevant here, “an arrest not leading to a conviction.”
— 775 ILCS 5/2-103(B) — 7 cases
Decatur Police Benevolent & Prot. Ass'n Labor Comm. v. City of Decatur, 2012 IL App (4th) 110764 (Ill. App. Ct. 2012). “The Trial Court Did Not Ignore or Violate Predominant Statutory Law ¶ 26 The Union first argues the trial court erroneously ignored section 15 of the Labor Act (5 ILCS 315/15(a) (West 2008)) and violated section 2-103 of the Illinois Human Rights Act (Human Rights Act) (775 ILCS…”
Murillo v. City of Chicago, 2016 IL App (1st) 143002 (Ill. App. Ct. 2016). “The next section of the Act backtracks slightly by allowing employers to “[obtain] or [use] other information which indicates that a person actually engaged in the conduct for which he or she was arrested.” 775 ILCS 5/2-103(B) (West 2014).”
Wagner v. Bd. of Educ. of North Shore Sch. Dist. 112, 2023 IL App (2d) 220277 (Ill. App. Ct. 2023). “Count I of the amended 2023 IL App (2d) 220277-U complaint, the only claim at issue in this appeal, alleged a claim of employment discrimination in violation of the Illinois Human Rights Act (775 ILCS 5/2-103(A) (West 2020)) and sought reinstatement, damages, costs, and attorney…”
Kilpatrick v. The Human Rights Comm'n, 2020 IL App (1st) 190879-U (Ill. App. Ct. 2020). “” 775 ILCS 5/2-103(A) (West 2014). Effective January 1, 2020, section 2-103(A) was amended to clarify that “arrest record” means, as relevant here, “an arrest not leading to a conviction.”
Pendleton v. The Bd. of Educ. of the City of Chicago, 2023 IL App (1st) 221253-U (Ill. App. Ct. 2023). “775 ILCS 5/2-103 (West 2018). Plaintiff’s interpretation of section 2-103(A) therefore improperly departs from the plain language of the statute, and we decline to follow it.”
— 775 ILCS 5/2-103(b) — 1 case
Beard v. Spectrum, LP (Ill. App. Ct. 2005).
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