PA Rules For Criminal Records In Hiring: Employer Guide 2025
Navigate Pennsylvania's laws on using arrest and conviction records for fair, compliant hiring decisions.
Pennsylvania employers must follow strict state and federal guidelines when reviewing applicants’ criminal histories to avoid discrimination and ensure fair hiring practices. These rules balance public safety with rehabilitation opportunities.
Core State Laws Shaping Background Checks
Pennsylvania’s framework prioritizes job relevance over blanket exclusions. Key statutes limit what employers can consider and when.
- Criminal History Record Information Act (CHRIA): Restricts use to felony/misdemeanor convictions directly tied to job suitability. Arrests, non-convictions, and summary offenses are irrelevant.
- Clean Slate Laws: Automatically seal certain misdemeanors after 10 years (or 7 in Philly) and non-conviction arrests, hiding them from standard checks.
- Ban-the-Box Policies: Delay criminal inquiries until after conditional offers, especially for public and Philly jobs.
These laws promote second chances while allowing scrutiny where risks exist, like childcare or finance roles.
How Clean Slate Reforms Employment Barriers
Enacted to aid reintegration, Clean Slate automatically conceals eligible records from public view, though courts and some employers may access them.
| Record Type | Sealing Timeline | Employer Impact |
|---|---|---|
| Non-conviction arrests | Immediate | Invisible in name-based checks |
| Summary offenses | 10 years post-sentence | Not considered under CHRIA |
| Misdemeanors (non-violent) | 10 years (7 in Philly) | Sealed from public searches |
| Felonies | Not eligible | Always visible if relevant |
PA HB 689 (2023) shortened Philly’s wait to 7 years, accelerating access to jobs. Employers must update policies to ignore sealed data.
Ban-the-Box: Timing Criminal History Questions
This policy prohibits early criminal queries, letting skills shine first. Statewide for public jobs; mandatory in Philadelphia for all employers.
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- Public sector: No app questions; checks post-conditional offer.
- Philadelphia: Covers interviews too; 7-year conviction lookback.
- Private employers: Encouraged, but Philly mandates compliance.
Violations risk fines; focus shifts to qualifications initially.
Evaluating Convictions: Job-Relatedness Test
CHRIA demands individualized review: Does the conviction predict poor performance in this role?
Steps for Compliance:
- Identify conviction details (date, nature, sentence).
- Assess link to job duties (e.g., theft for cashier = relevant; old DUI for office job = likely not).
- Consider rehabilitation evidence (time passed, references).
- Document rationale if denying.
No automatic bars; disparate impact on minorities risks Title VII suits.
Federal Overlay: FCRA Mandates
Using third-party screeners triggers FCRA, applying nationwide.
- Consent: Standalone written permission required.
- Adverse Action: Pre-notice (with report copy), wait for dispute, then final notice.
- 7-Year Limit: Civil suits/bankruptcies (not crimes) for <$75k earners; no crime limit.
Non-compliance invites lawsuits; accuracy investigations mandatory.
Industry-Specific Screening Rules
Certain fields demand deeper checks.
| Sector | Requirements | Source |
|---|---|---|
| Childcare/Vulnerable Adults | FBI fingerprints mandatory | PA Law |
| Financial Services | State Police + FBI checks for licenses | Dept. of Banking |
| Federal Contractors | Post-conditional offer only | EEOC Guidance |
These override general rules for safety.
Philadelphia’s Stricter Standards
Local ordinance exceeds state: 7-year conviction cap, pending charge consideration, rebuttal rights.
- No app/interview criminal questions.
- Individualized assessment mandatory.
- Notice for all actions based on records.
Applies to 10+ employee firms; train HR accordingly.
Best Practices for Compliant Hiring
Proactive steps minimize liability.
- Policy Development: Document job-related criteria.
- Training: Educate on laws, bias avoidance.
- Vendor Selection: FCRA-compliant screeners with dispute processes.
- Audits: Review denial patterns for discrimination.
- Notifications: Always written if criminal data influences.
Integrate with EEOC guidance for holistic compliance.
Frequently Asked Questions
What records can PA employers legally consider?
Only job-related felony/misdemeanor convictions; ignore arrests, non-convictions, sealed records.
Does Clean Slate hide everything?
No; seals eligible misdemeanors/arrests after timelines, but felonies and some checks bypass.
When can Philly employers ask about records?
Post-conditional offer only; 7-year lookback on convictions.
What if a background check error occurs?
FCRA requires investigation; provide pre-adverse notice for disputes.
Can old convictions still disqualify?
Yes, if relevant to the job, regardless of age (Clean Slate notwithstanding).
FCRA 7-year rule: applies to crimes?
No; only non-criminal data like civil suits.
Navigating Risks and Opportunities
Compliant screening expands talent pools, reduces lawsuits. Philly’s 7-year rule and statewide seals foster equity. Employers succeeding train rigorously, assess individually, and prioritize skills.
Recent 2023 reforms (HB 689) underscore reform momentum; stay updated via PA State Police or legal counsel.
References
- Pennsylvania Background Check Laws: How Far Back Do They Go? — GoodHire. 2024. https://www.goodhire.com/background-checks/pennsylvania/
- New PA Law for Background Checks: What Employers Need to Know — BackgroundChecks.com. 2024-03-21. https://www.backgroundchecks.com/compliance-and-legislation/new-pa-law-for-background-checks-what-employers-need-to-know-1
- Pennsylvania Background Checks for Employment — iProspectCheck. N/A. https://iprospectcheck.com/pennsylvania-background-checks/
- Employers’ Guide to Criminal Background Checks in Pennsylvania — Tucker Law. 2025-11-25. https://www.tuckerlaw.com/2025/11/25/employers-guide-to-criminal-background-checks-in-pennsylvania/
- Pennsylvania Law on Use of Criminal Records in Hiring — Nolo. N/A. https://www.nolo.com/legal-encyclopedia/pennsylvania-law-employer-use-arrest-conviction-records-hiring.html
- Criminal History Record Information Act — Abramson Employment Law. N/A. https://www.job-discrimination.com/pennsylvania-employment-laws/criminal-history-record-information-act/
- Legal Rights of People with Criminal Records: Employment — CLSPhila. 2019-04. https://clsphila.org/wp-content/uploads/2019/04/CHR-Employment-Rights-English.pdf
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