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Pennsylvania Limits Access in Criminal Background Checks

08/01/18

Author: ADP Admin/Friday, July 27, 2018/Categories: State Compliance Update, Pennsylvania

Overview: Pennsylvania House Bill 1419 (“HB 1419”) has amended criminal background check statutes so as to limit access to certain criminal records and provide limited liability for employers in certain situations. 

Effective Date: June 28, 2018 

Details: 
Pennsylvania’s criminal background check statutes have been amended such that the following records are subject to limited access:
  • Criminal history record information regarding convictions for second- and third-degree misdemeanors, or a misdemeanor punishable by imprisonment of no more than two years, if an individual has, for 10 years, had no convictions for any offense punishable by imprisonment of one or more years and has completed his or her court-ordered financial obligations;
  • Criminal history record information regarding charges that resulted in a final disposition other than a conviction; and
  • Criminal history record information regarding a conviction for a summary offense that is over 10 years old, when the individual has completed his or her court-ordered financial obligations.
There are exceptions for certain offenses and for individuals who have been convicted of a felony or multiple misdemeanors. 

Effects of Records that have been Expunged or given Limited Access 
Under the amended law, an employer may not inquire or require that an individual give information regarding a criminal record that has been expunged or given limited access. If the employer does make an inquiry, the individual may respond as if the offense did not occur. There are exceptions, however, including where federal law requires that an employer consider an applicant’s criminal history. 

In addition, an expunged record or record subject to limited access may not be considered a conviction that would prohibit the employment of a person under any state or federal laws that prohibit employment based on convictions. 

Employer Immunity from Liability 
An employer is immune from liability for any claim arising out of misconduct of an individual if the misconduct relates to the portion of the criminal history record that has been expunged or provided limited access. 

Action Required:  Establish a protocol for obtaining and considering criminal history information, and ensure all background check records are maintained. 

As always, please be sure to contact your Human Resources Business Partner if you have any questions. 

This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.  

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