Pennsylvania Employment Screening Laws for 2025: What Employers Need to Know

Pennsylvania Employment Background Check FAQs for Employers

1. What are the main rules for using an applicant’s criminal history in hiring decisions in Pennsylvania?

In Pennsylvania, the use of criminal history records for employment purposes is primarily governed by the state’s Criminal History Record Information Act (CHRIA). Employers must follow a specific rule when considering an applicant’s criminal record.

• Statute/Regulation: Criminal History Record Information Act (CHRIA), 18 Pa. C.S.A. § 9101 et seq.
• Description: CHRIA mandates that employers can only consider felony and misdemeanor convictions to the extent that they relate to the applicant’s suitability for the specific job in question. An employer cannot have a blanket policy of refusing to hire anyone with a criminal record. The conviction’s impact on job performance and the nature of the crime must be evaluated. Arrests that did not lead to a conviction cannot be used in hiring decisions.
• Administering Agency: The Pennsylvania State Police maintains the central repository of criminal records. Enforcement of CHRIA’s employment provisions can occur through a private lawsuit by the applicant or, if the practice is discriminatory, through the Pennsylvania Human Relations Commission (PHRC).

2. Is there a “lookback” time limit for considering criminal convictions in Pennsylvania?

Pennsylvania law does not impose a specific time limit (e.g., 7 or 10 years) for considering convictions. However, the relevance of the conviction is the key factor.

• Statute/Regulation: Criminal History Record Information Act (CHRIA), 18 Pa. C.S.A. § 9125.
• Description: Under CHRIA, the age of a conviction is a factor in determining if it is job-related. An older conviction is generally less likely to be relevant to an applicant’s current suitability for a job. While there is no set “lookback” period for convictions, employers must ensure any conviction they consider, regardless of its age, has a direct and specific relationship to the duties of the job. Importantly, records that have been expunged or sealed under Pennsylvania’s “Clean Slate” law cannot be considered at all.
• Administering Agency: The Courts determine expungements and sealing. Employers must comply with these court-ordered actions. The Pennsylvania Human Relations Commission (PHRC) may investigate if using old, irrelevant convictions leads to discriminatory impact.

3. Does Pennsylvania have a “Ban the Box” law that restricts when I can ask about criminal history?

Pennsylvania does not have a statewide “Ban the Box” law for private employers. However, several major cities, including Philadelphia and Pittsburgh, have enacted their own “Fair Chance Hiring” ordinances that employers in those jurisdictions must follow.

• Statute/Regulation: Example: Philadelphia’s Fair Criminal Record Screening Standards (FCRSS) Ordinance.
• Description: Philadelphia’s ordinance prohibits employers from asking about criminal history on an initial job application. Employers can only inquire about an applicant’s record and run a background check after making a conditional offer of employment. If the employer decides to withdraw the offer based on the record, they must follow a specific process, including notifying the applicant and allowing them to provide an explanation.
• Administering Agency: For Philadelphia, the law is enforced by the Philadelphia Commission on Human Relations. Employers in other cities should check for local ordinances.

4. What are my obligations when using a third-party service to run background checks?

When you hire a third-party Consumer Reporting Agency (CRA) to conduct background checks, you must comply with the federal Fair Credit Reporting Act (FCRA). Pennsylvania does not have a separate state-level equivalent that governs employment screening in the same comprehensive way.

• Statute/Regulation: Fair Credit Reporting Act (FCRA) – Federal Law.
• Description: The FCRA requires employers to: 1) Get the applicant’s written consent before running the background check. 2) Provide the applicant with a “pre-adverse action” notice if you are considering not hiring them based on the report’s findings (this includes a copy of the report and a summary of their rights). 3) After a waiting period, provide a final “adverse action” notice if you officially decide not to hire them.
• Administering Agency: The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) are the primary federal agencies that enforce the FCRA.

5. Are there specific rules for accessing and using driving records for employment?

Yes, accessing an applicant’s driving record (Motor Vehicle Record or MVR) is regulated in Pennsylvania, and using it for employment decisions requires a permissible purpose.

• Statute/Regulation: Pennsylvania Vehicle Code – Title 75, Chapter 61, Section 6114 (relating to limitation on sale, publication and disclosure of records).
• Description: This statute, in conjunction with the federal Driver’s Privacy Protection Act (DPPA), requires that an employer have a permissible use, such as for employment verification for a job requiring driving. PennDOT mandates that, for an end user employer to receive access to real time MVRs, the end user employer must first complete the PennDOT form DL-9105 (5-22). This is a one-time requirement for each end-user employer.
• Administering Agency: The Pennsylvania Department of Transportation (PennDOT) administers access to and release of all state driving records.