Too many Illinoisans are relegated to the sidelines of the state’s economy — not for lack of talent but due to an old criminal record. A new law signed in January aims to fix that by modernizing the state’s record-sealing process and, in doing so, removing unnecessary employment barriers for the 2.2 million residents with a record.   

Under the Clean Slate Act, HB 1836, the state now has until 2029 to create, test and launch systems to automate the sealing of eligible low-level, nonviolent criminal records after an individual meets all requirements and remains crime-free for a sustained period. It fixes an outdated petition-based process that left most eligible individuals unable to access the record sealing they earned under law. 

But Illinois employers don’t need to wait until the law’s full implementation to reap the benefits in their workforces of embracing talented people who have been affected by the justice system. 

As a recruitment strategy, fair chance hiring is smart business. According to an SHRM study, 81% of business leaders and 85% of human resources professionals believe that individuals with a criminal record perform the same as or better than those without a record. These hires also show much longer tenure and are less likely to voluntarily quit than other workers — saving companies valuable time and money on turnover. Reaping this benefit begins by examining how hiring practices may be screening out viable talent before candidates are truly evaluated on their merits. 

For employers concerned the new law will reduce visibility into an individual’s background, the data is reassuring: Research by the Rand Corp. shows that about 75% of people with a first conviction do not get a second within 10 years. Fair-chance employers can reasonably take some credit for this, as stable employment is among the most important factors in successful reentry. Individuals who remain employed two months after reentry are about half as likely to recidivate as those without employment. 

Fair chance hiring isn’t just a workforce issue; it’s a human one. As Marlon Chamberlain, founder and executive director of the Illinois Coalition to End Permanent Punishments, puts it: “People who faced accountability and served their time deserve a fair chance to move forward with dignity. Clean Slate means an old record can no longer be used to deny employment and inflict perpetual punishment. It ends a broken system and unlocks opportunity not just for those who earned it, but for our entire state.” 

Including fair chance talent is more than just filling open roles; it’s about finding the best people for your business.

“Working for an employer that judges me by my skills and potential inspires me to bring my best self to work every single day. I’m more than my past record and am proud of the career I’m building in service of others,” said David Williams, a longtime employee at the Responsible Business Initiative for Justice.

A more inclusive workforce also fuels a stronger economy. The U.S. loses as much as $87 billion each year due to the underemployment of people with records. Similarly, underemployment related to imprisonment or conviction reduces people’s wages by up to $372.3 billion annually. Trapping individuals in endless cycles of exclusion and financial hardship squanders potential, reduces tax revenue and widens disparities. 

The passage of the Clean Slate Act is another step forward for our businesses and residents. As public policies evolve to address barriers, businesses have even greater opportunities to build their talent pipelines, to the benefit of all Illinoisans, today.

Brian Fabes is managing director of the Corporate Coalition of Chicago. Fabes previously served as CEO of the Civic Consulting Alliance. Maha Jweied is CEO of the Responsible Business Initiative for Justice. She previously led the U.S. Department of Justice’s Office for Access to Justice and also was executive director of the White House Legal Aid Interagency Roundtable.

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