Public Act 104-0158: Updated Requirements for Police Officer Background Checks
Nov 12, 2025
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Effective January 1, 2026, Public Act 104-0158 amends the Illinois Police Training Act (the “Act”) and will change the way Police Departments conduct background checks and inspections of employment records for prospective police officer applicants.
The Act has been amended by adding a new section 6.5 (50 ILCS 705/6.5). That section provides, in summary, that no law enforcement agency shall make a final offer of employment for the position of police officer without first requiring the execution of a signed release from the applicant directing all entities that previously employed the applicant to produce for inspection all employment records. The Act specifically lists those employment records to be made available for inspection. The Act further requires previous employers to produce the requested records within 14 days after receipt of the request; the producing employer may request an extension of an additional 14 days to produce the documents. The producing employer must also execute a signed verification that all responsive records have been produced, that no known records have been intentionally withheld, and that it is not aware of any additional information regarding the applicant that would reflect negatively of the applicant.
The Act also requires the requesting law enforcement agency to pay the reasonable costs and expenses of the agency that is producing the responsive records. The Act goes on to provide that “with the exception of social security numbers, individual taxpayer identification numbers, driver’s license and state identification card numbers, financial account numbers, and debit and credit card numbers, all records referenced [above] shall be produced without redaction, and no nondisclosure, separation, or settlement agreement shall prevent the production of these records.” If an entity required to produce records fails to do so, the requesting law enforcement agency has the right to seek a court order to compel production of the records and may be awarded fees and costs, including reasonable attorney’s fees, incurred in seeking a court order. Finally, the Act provides that the requesting law enforcement agency shall review all materials before making a final offer of employment.
Please note that the provisions of Section 6.5 do not apply to the extent that they are inconsistent with provisions of a CBA in effect at the time this Act goes into effect (January 1, 2026). A CBA that conflicts with this Section 6.5 may not be entered into, modified, or extended after the effective date of the Act.
The Act provides a form of the “Consent and Release for Background Information” to be executed by the applicant. The Act also contains immunity language which would protect the Board, Police Chief and the municipality for submitting, disclosing, or releasing information of employment records.
The Act contains important changes to the way in which police departments conduct background checks and inspections of employment records for prospective police officer applicants. Police Departments should be sure to carefully review the Act and to implement the requirements of the Act as part of their hiring processes. For any questions relating to Public Act 104-0158, please contact your Robbins Schwartz attorneys.
