Pennsylvania Background Check Laws

Pennsylvania's "ban-the-box" law, primarily through the Pennsylvania Criminal History Record Information Act (CHRIA), restricts when and how employers can consider an applicant's criminal history. For non-law enforcement positions, an employer may only consider convictions for felonies and misdemeanors that relate to the applicant's suitability for the job. Arrests that did not lead to a conviction cannot be considered. Employers are generally prohibited from inquiring about criminal history on initial job applications.

Pennsylvania's Criminal History Record Information Act (CHRIA) (18 Pa. C.S. § 9101 et seq.) imposes stricter limitations on the use of criminal records than the federal FCRA. While FCRA governs the procedures for obtaining and using consumer reports, CHRIA dictates what criminal history information can be considered for employment purposes and when. Specifically, CHRIA prohibits employers from considering arrests not leading to conviction and limits the consideration of convictions to those directly related to the job.

Under CHRIA, employers cannot consider arrests that did not result in a conviction. For convictions, employers can only consider felonies and misdemeanors if they relate to the applicant's suitability for the job. There are no specific time limitations (e.g., 7-year look-back) for reporting convictions under CHRIA, but the conviction must be job-related. Summary offenses generally cannot be used as a basis for denying employment unless specifically authorized by law.

Pennsylvania law provides for the expungement and sealing of certain criminal records. If a record has been expunged or sealed, it should not be reported by background check providers and generally cannot be considered by employers. Employers should treat expunged or sealed records as if they never occurred. Pennsylvania also has a 'Limited Access' program (Act 5 of 2016) which seals certain non-violent misdemeanor convictions after 10 years, making them inaccessible to the public and most employers.

Beyond the ban-the-box provisions, Pennsylvania's CHRIA acts as a fair chance law by requiring a job-relatedness analysis for any conviction considered. Employers must demonstrate that the conviction directly relates to the duties and responsibilities of the position sought. This ensures that individuals with criminal records are not automatically disqualified and are given a fair chance if their past offenses are not relevant to the job.