How Far Back Does Pa Law Allow For Companies To Look At Criminal Background History?

Many Pennsylvania employers apply groundwork checks as part of their pre-employment screening process. Background checks may be used as a tool to help make smarter hiring decisions that protect the arrangement'due south reputation, employees, and customers. Employers must follow federal, land, and local statutes governing background screenings, proper handling of their findings, and respect for the privacy of job candidates and employees. The post-obit is an overview of what employers should know.

What Is A Pennsylvania Background Check?

Pennsylvania employers and public agencies use background checks for a broad variety of purposes, such equally gauging the reliability of chore candidates; qualifying and monitoring operators of heavy equipment, motor vehicles, and firearms; and safeguarding the welfare of children and other vulnerable individuals.

Pennsylvania background checks often include criminal records searches using the Pennsylvania Access to Criminal History (PATCH) online database, but likewise may rely on national records searches or even an FBI criminal history clearance.

Common Use Cases For PA Background Checks

Pennsylvania's private employers and public agencies routinely run comprehensive pre-employment background checks, which includes criminal background checks, only Pennsylvania background checks can take many other forms:

PA Country Constabulary Groundwork Check

The Pennsylvania State Police operates and maintains Pennsylvania Access to Criminal History (PATCH), an online database used in background checks past many country agencies and municipalities. PATCH contains data on convictions and arrests statewide. PATCH is routinely used by state law enforcement agencies to check suspects' criminal histories, but PATCH checks are also required of all prospective school employees, contractors who work in contact with children, foster parents, elder care providers, and others with direct access to vulnerable individuals.

Pre-Employment Credit Check

Common for certain financial and business-related roles, a pre-employment credit check does not report a candidate'southward credit scores, but may include information on their current and past employers, notifications of defalcation, credit and payment history, any bills turned over to a drove agency, and other credit inquiries made on the candidate. A pre-employment credit bank check generates a "soft research" entry on the candidate's credit report, which does non affect their credit scores.  A local fair hiring police restricts the use of pre-employment credit checks by employers doing business in Philadelphia.

Motor Vehicle Record (MVR) Check

All Pennsylvania companies that utilise commercial drivers subject to DOT regulation must bear motor vehicle record (MVR) checks and substance-abuse screenings on all operators as role of pre-employment screening, and at regular intervals during their employment, per U.S. Department of Transportation (DOT) requirements. Employers also may perform MVR screenings (with consent of applicant or employee) on new hires and employees who drive company vehicles or who use their ain cars in the course of company business.

Volunteer Background Check

Volunteers who donate their time to Pennsylvania departments and organizations that help children, seniors or other at-risk individuals must kickoff consent to a criminal background check. The Pennsylvania Country Constabulary PATCH system waives its customary processing fees for volunteers who request background checks using a special request form created for that purpose.

Additionally, there are several types of criminal background checks in Pennsylvania that must be conducted directly through state or federal agencies. Employers may still work with a third-party background cheque provider, like GoodHire, to conduct preliminary searches for employment purposes prior to conducting checks through these databases and law enforcement agencies.

FBI Groundwork Bank check

FBI criminal groundwork checks are required of job candidates applying to work in positions with admission to children and other vulnerable persons, and of applicants for licenses in financial fields.

Fiscal Services Background Checks

The Pennsylvania Department of Banking and Securities, which regulates financial-services in the Democracy, requires a Pennsylvania Country Police criminal background history check and an FBI Fingerprint Check for all individuals applying for financial services licenses including financial directorate, securities traders, mortgage lenders and brokers, and providers of cheque-cashing and pawnbroker services.

Pennsylvania Child Corruption History Clearance

Pennsylvania Child Protective Services regulations require three background checks for all new hires at public and private schools, child care facilities, and contractors serving those institutions. In addition to the Pennsylvania State Law criminal history check and FBI Criminal History Clearance, job candidates must as well submit a Pennsylvania Kid Abuse History Clearance application. Required awarding forms may be obtained online and submitted using the state Department of Homo Services' Child Welfare Portal or via mail. All 3 screenings required past kid protective services must be updated every five years.

Pennsylvania Gun Background Check

The Pennsylvania Instant Bank check Organization (PICS) is an electronic database that enables gun dealers and law enforcement officials to cheque whether an individual is legally barred from purchasing or possessing a firearm. PICS findings that might forbid a gun sale include past convictions on a variety of felonies and weapons-related charges, findings of mental incompetency, and fugitive status. (A gun background check is not part of a pre-employment background check. GoodHire does not offer Pennsylvania gun background checks.)

How Far Back Does A Background Check Go In Pennsylvania?

State constabulary places no restrictions on how far back a Pennsylvania criminal background check tin search, and permits employers to consider relevant convictions, no matter how former, when making a hiring decision. However, the Pennsylvania Clean Slate law, described in greater detail below, blocks public admission to information for most misdemeanor criminal convictions more than x years old, and any arrests that didn't pb to a conviction. This means those incidents should non appear in Pennsylvania background cheque results or be considered in hiring decisions.

Pennsylvania does not restrict how far back a Motor Vehicle Tape (MVR) check can look, just violations typically remain on land driving records no more than 10 years. (Even if they "autumn off" a motor vehicle record, convictions for felony DUI and other motor vehicle-related felonies may stay on your criminal tape permanently and will announced in criminal background checks.)

Similarly, other than in Philadelphia, where use of credit checks in pre-employment background checks is restricted (see below), Pennsylvania does non limit how far back a credit check tin expect. The federal Off-white Credit Reporting Human activity (FCRA) forbids reporting bankruptcies that are older than 10 years and paid tax liens or any collections accounts that are older than seven years.

Pennsylvania Background Check Laws

Pennsylvania has several land laws that limit the use of pre-employment background checks, including:

• The Pennsylvania Criminal History Record Data Human action forbids public and private employers in the Commonwealth from refusing out of paw to hire persons with criminal records, and requires employers to:
  • Consider only felony and misdemeanor convictions in the hiring process. Summary offenses and misdemeanor or felony arrests and courtroom proceedings that did non lead to a conviction must exist disregarded.
  • Assess whether any conviction uncovered in a criminal background check specifically affects the bidder'southward suitability for the position to which they have applied.

• The Pennsylvania Fair-Chance Hiring law is a ban-the-box provision that forbids asking about criminal history on applications for public service jobs in land departments under the governor's authority. The constabulary permits Pennsylvania departments to bear a criminal groundwork check but later on an applicant has been given a provisional job offer. An offer of employment or promotion may exist rescinded based on a background cheque only if the findings accept direct begetting on the job in question.

• The Pennsylvania Clean Slate law, passed in 2018, automatically blocks information on misdemeanor criminal convictions that are 10 or more years old, as long as any court orders of restitution have been met. This means those convictions cannot appear in a Pennsylvania groundwork check or be considered as part of a hiring decision.

In improver to these statewide laws, many Pennsylvania cities and counties have adopted local fair hiring laws that further restrict background check procedures in their jurisdictions. This can create confusion for employers who operate in multiple locations around the Democracy, or who utilise remote workers living all across the state. When in doubt, employers should apply the strictest law that applies to any given locality.

Employers in Pennsylvania must as well comply with the federal Fair Credit Reporting Act (FCRA). The FCRA requires employers to become permission from candidates and employees before conducting background checks, outlines the required steps for notifying candidates of groundwork cheque results, and requires that employers follow a two-step agin activity process in order to give candidates an opportunity to respond to groundwork check findings that may lead to a decision against hiring or promoting them.

County Resources

Allegheny County

Located in southwestern Pennsylvania, Allegheny County's 730 square miles include the urban center of Pittsburgh and surrounding metro surface area. Known equally the historic heart of America'southward steel industry, the county has emerged in the 21st century every bit a center for healthcare, didactics and high-tech development. It is the land'southward 2nd-nigh populous county with 1,250,578 residents.
Public Information & Records:

• Allegheny County website
• Allegheny Canton public and courtroom records

 Allegheny County has a ban-the-box law. Learn more.

Berks County

Reading, the largest city in Berks County, is famous every bit the historical home to the Reading Railroad, made famous by the Monopoly game. Considered part of the Philadelphia metro area, Berks County occupies 856 square miles and has a population of 428,849.
Public Information & Records:

• Berks County website
• Berks County public and court records

The urban center of Reading has a ban-the-box constabulary. Learn more than.

Bucks Canton

Located to the northeast of Philadelphia and bordering New Bailiwick of jersey to its e, Bucks County encompasses the suburb of Levittown, a planned community that straddles four municipalities; Croydon, another suburb that lacks a municipal authorities; and the borough of Doylestown (the county seat). The county spans 604 square miles and is dwelling house to 646,538 people.

Public Data & Records:

• Bucks County website
• Bucks County public and court records

Chester County

This southeastern Pennsylvania canton covers 750 square miles and serves as a suburb to Philadelphia, to its due east, and to Wilmington, Del., to its south. Including the borough of W Chester (the county seat) and the urban center of Coatesville, Chester County has a population of 534,413.
Public Data & Records:

• Chester County website
• Chester County public and court records
  

Cumberland County

Occupying 545 square miles to the due west of Harrisburg, Cumberland County is home to several of the state capital's suburbs as well as the city of Carlisle. Cumberland County is the fastest-growing county in Pennsylvania, with a population of 259,469.

Public Information & Records:

• Cumberland County website
• Cumberland Canton public and court records

Dauphin County

Dwelling house of Harrisburg, Pennsylvania'due south capital urban center and 6th-largest municipality, Dauphin Canton encompasses 525 square miles and has a population of 286,401.

Public Information & Records:

• Dauphin County website
• Dauphin County public and courtroom records

Delaware Canton

Located southwest of Philadelphia and within its metropolitan area, Delaware County is habitation to 576,830 people and spans 184 foursquare miles, comprising the townships of Upper Darby and Haverford and the metropolis of Chester.

Public Data & Records:

• Delaware County website
• Delaware County public and court records

Erie County

Occupying 799 square miles in the northwestern corner of the Commonwealth, astride its namesake Swell Lake, Erie County includes the cities of Erie and Corry and has a population of 270,876.

Public Information & Records:

• Erie County website
• Erie County public and court records

Lackawanna County

Located in the northeastern region of the Commonwealth, Lackawanna County has a population of 215,896 and occupies 459 square miles. It includes the cities of Scranton and Carbondale, which takes its proper name from the coal mining industry that collection the county'southward economic system in the 19th century. Mining nonetheless makes upwardly a modest portion of its economy, only today the county'south biggest job sectors are manufacturing, healthcare, and education services.

Public Data & Records:

• Lackawanna Canton website
• Lackawanna County public and courtroom records

Lancaster County

Known the world over as the heart of "Pennsylvania Dutch Country," Lancaster County spreads beyond 944 square miles and is home to 552,984 people. Aside from their popularity with tourists. The county and its seat, the city of Lancaster, also support thriving manufacturing and healthcare industries.

Public Information & Records:

• Lancaster County website
• Lancaster County public and court records

Lancaster County has a ban-the-box police. Acquire more.

Lehigh County

Taking its name from the Lehigh River, whose valley it occupies, Lehigh County's 345 foursquare-mile expanse includes Pennsylvania's third-largest city, Allentown, and a portion of the city of Bethlehem, which it shares with bordering Northampton County. Montgomery County'south population is 374,557.

Public Information & Records:

• Lehigh County website
• Lehigh County public and court records

The cities of Allentown and Bethlehem have ban-the-box laws. Larn more.

Luzerne Canton

Northeastern Pennsylvania'due south Luzerne County, which includes the cities of Wilkes-Barre and Hazleton, is an 890 square-mile area with a population of 325,594. A celebrated heart of anthracite coal mining, the county became a manufacturing center in the mid-20th century and today is a major center of warehousing services.

Public Data & Records:

• Luzerne County website
• Luzerne Canton public and courtroom records

Montgomery County

Extending across a 483 square-mile area, Montgomery County includes suburbs of adjacent Philadelphia and role of Valley Forge National Historical Park, which commemorates the ordeal of George Washington's troops' encampment in the biting winter of 1777-1778. Encompassing the city of Norristown and the townships of Abington, Lower Merion and Upper Merion, Montgomery Canton has a population of 856,553.

Public Information & Records:

• Montgomery Canton website
• Montgomery Canton public and court records

Montgomery County has a ban-the-box law. Acquire more.

Northampton Canton

Spread out over 370 square miles in eastern Pennsylvania, Northampton County borders New Jersey and forms role of a metropolitan area comprising Easton, its county seat; Bethlehem, which lies partially within Northampton County and partially in neighboring Lehigh Canton; and Allentown, Lehigh Canton'south largest city. Northampton Canton's population is 312,951.

Public Data & Records:

• Northampton County website
• Northampton County public and court records

 Northampton County and the city of Bethlehem have ban-the-box laws. Learn more.

Philadelphia County

Pennsylvania'southward most populous county and the hub of its largest metropolitan surface area, Philadelphia Canton had a population of i,603,797. The county and city of Philadelphia occupy the same 134 square-mile area, and share consolidated government court systems.

Public Information & Records:

• Philadelphia City/County website
• Philadelphia City/County public and court records

Philadelphia County and the city of Philadelphia accept ban-the-box laws. There is also a ban on testing many job candidates for marijuana utilise. Larn more.

Westmoreland Canton

Located southeast of Pittsburgh and home to the towns of Murrysville, Latrobe and Greensburg (the county seat), Westmoreland County is believed to have more than 100 abandoned coal mines across its 1,028 square-mile area. Remnants of the county'due south function in the rise of the Pennsylvania steel industry, their economic role in the 21st century is filled by industries including health care and social services, manufacturing, and retail. Westmoreland County's population is 354,663.

Public Information & Records:

• Westmoreland Canton website
• Westmoreland County public and courtroom records

York County

Occupying 904 foursquare miles in South-central Pennsylvania's Susquehanna River valley, York County has a population of 456,438. York County is sometimes chosen the Snack Food Majuscule of the Earth, as habitation to v major snack nutrient bakeries, including Snyder's of Hanover, Martin's Snacks and Stauffer Biscuit Visitor, originator of creature crackers.

Public Data & Records:

• York County website
• York County court and court records

The city of York has a ban-the-box police force. Learn more.

Get A Pennsylvania Groundwork Bank check With GoodHire

Background checks are vital to the hiring practices and public welfare policies of individual and public employers beyond Pennsylvania. Compliance with FCRA, and fair chance hiring and ban-the-box laws throughout the Republic, tin can be daunting for both modest businesses and large companies alike as the consequences of compliance mistakes tin can be costly.
Pennsylvania employers tin gain peace of mind by using a third-party groundwork bank check provider, similar GoodHire. GoodHire offers FCRA-compliant background check services with an easy-to-use online platform that simplifies the process for both hiring managers and job candidates. Our built-in compliance features automate key steps such equally background check review workflows and initiating agin activeness. GoodHire's in-business firm compliance squad is also available to reply your questions.

Disclaimer

The resource provided here are for educational purposes only and do not constitute legal advice. We advise you lot to consult your own counsel if you accept legal questions related to your specific practices and compliance with applicable laws.

How Far Back Does Pa Law Allow For Companies To Look At Criminal Background History?,

Source: https://www.goodhire.com/background-checks/pennsylvania/

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