Legal Question in Criminal Law in Illinois

I work at a staffing agency and a candidate of mine was accepted to a position in IL. After he was accepted, we performed a background check and he had a misdemeaner of "Disorderly Conduct (Amended from Domestic Battery/Physical Conduct)". The company retracted his offer based on this "violent crime". Are they allowed to base their decision off the "Amended From" portion of the background check? Can he get that part erased and who should he talk to about it??

Thank you! I appreciate your input.


Asked on 10/28/10, 8:26 am

2 Answers from Attorneys
Sal Sheikh www.BetterCallSal.com

Illinois is an "At will" employment state. You can be hired/fired for any reason so long as it is not illegal( i.e. based on gender, national origin etc.)

The candidate may be able to get the charge of battery/contact "sealed".

The candidate will want to speak with an attorney regarding this process.

Fell free to contact me with further questions.

Read more
Answered on 11/02/10, 10:01 am
Purav Bhatt The Law Office of Purav Bhatt

An employer can make hiring and firing decisions for most any reason since they are a private entity. What your candidate qualifies for in terms of expunging or sealing of his record will depend on the outcome of the disorderly conduct case. An attorney can assist you with getting this issue resolved as it will probably come up again and again.

good luck

Purav

Read more
Answered on 11/02/10, 4:25 pm


Related Questions & Answers

More Criminal Law questions and answers in Illinois