Illinois Felonies And Applications.

Topic 17987 | Page 1

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Remy E.'s Comment
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So I've been putting in my apps through that Driver Pulse thing and was confused because it never asked about criminal history. Swift said that I had simply (somehow) missed the section, but US Express laid it out for me. It turns out that in Illinois an employer cannot ask about criminal history during the application process unless it is directly connected to the job. Like in this case They can ask you about driving related crimes. DUIs and the like. Just something I thought I would put out there in case anyone else is in Illinois and was confused about this section.

DUI:

Driving Under the Influence

Rick S.'s Comment
member avatar

The Illinois law, only applies to companies based out of Illinois.

If you're applying to companies based out of Missouri - your Illinois law means nothing.

Disclose what's requested. Don't play lawyer. Deception (or the appearance of it) is more difficult to overcome- than explaining a past.

Rick

Remy E.'s Comment
member avatar

I'm not playing lawyer at all, I've been calling the the companies I apply to after I fill out the apps to talk to them about it because the system automatically omits the section because I don't want to be caught up in something like that later on.

Rick S.'s Comment
member avatar

I'm not playing lawyer at all, I've been calling the the companies I apply to after I fill out the apps to talk to them about it because the system automatically omits the section because I don't want to be caught up in something like that later on.

You disclose what is asked for on the application. If it says FELONY CONVICTION and it doesn't list a time limitation, then ANY FELONY CONVICTION should be listed. If it doesn't request anything - then don't disclose until asked.

The fact that you are FROM IL, and IL says you don't have to disclose, applies ONLY TO COMPANIES THAT ARE HOME-BASED IN IL. NY has a similar law - it's very confusing and stupid. Regardless of folks "changing their lives around" (lord knows I did) - a CONVICTION IS A CONVICTION.

Illinois Job Opportunities for Qualified Applicants Act

An employer or employment agency may not inquire about or into, consider, or require disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview by the employer or employment agency or, if there is not an interview, until after a conditional offer of employment is made to the applicant by the employer or employment agency.

So if you are applying to a company that is NOT ILLINOIS BASED - you MUST ANSWER THE QUESTION ON THE APPLICATION. Throwing up the IL law, is not a valid excuse for say, Prime - who is based out of Springfield MO. US Ex is out of Chattanooga TN.

The IntelliApp should have a criminal section. If it does NOT - then don't worry about it. I'm not familiar with how driverpulse works - I've only filled out apps on the links provided by the company web page - they are pretty much ALL on intelliapp - and ALL ask for conviction background.

I have a weird case myself. I got a "harassment citation" in PA, in 2010. Magistrate that I paid the fine to (no arrest, no fingerprints, no miranda) said it was like an open container ticket or spitting on the sidewalk. Considered a "summary offense" under PA law - less than a misdemeanor. I don't disclose it on apps - but it DOES COME UP on a background. When asked why I don't disclose - because it is neither a misdemeanor OR a felony.

I wasn't trying to be a wiseguy (about the lawyer thing) - just that every app I've seen, asks criminal BG questions (even Uber - ESPECIALLY UBER). The laws in IL, apply ONLY IN IL.

Rick

OWI:

Operating While Intoxicated

Rick S.'s Comment
member avatar

FYI - the IL law, is similar to the ADA law, that says companies can't tell you if they don't like your psych meds BEFORE they bring you in for orientation. Orientation is a "conditional offer of employment" - and at that point, they can disclose/bounce you.

The IL law works the same way for IL companies - they can bring you in for orientation, then ONCE THERE - they can ask you about criminal background. The IL law was meant for companies to consider whether an applicant IS QUALIFIED for the position - without considering their criminal background.

IL law further says: This does not prohibit an employer from notifying applicants in writing of the specific offenses that will disqualify an applicant from employment in a particular position due to federal or State law or the employer's policy.‚Äč

So an employer can have a laundry list of offenses that won't consider hiring someone convicted of - and as long as they list them BEFOREHAND - they are in the clear.

Rick

Remy E.'s Comment
member avatar

Right, So in the end, make sure the companies know BEFORE orientation about criminal history, which is what I've been doing. My point was that this is why it's not on those apps (The ones I've been filling out anyway) if you live in Illinois. I sure as hell don't want to be bussed out 1000 miles and be stuck because they decide then that I can't be hired and then get stuck there. Stuck at orientation with no way home is another thing I've been hearing horror stories about but I think that's a something for another thread altogether. It's not even something I'm really worried about at this point but I want everything to be known up front.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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