Accessing Criminal Records
In Pennsylvania, it is legal for all private and most public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. Summary offenses and misdemeanor or felony arrests and court proceedings that did not lead to a conviction must be disregarded.
As we’ll explore, the state and a handful of municipalities and counties have enacted ban-the-box laws, which must be considered to remain compliant when conducting background screening in certain jurisdictions. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.
Ban the Box Policies – State, Municipal and County
Pennsylvania is one of many states that enforces a ban-the-box law. The law prohibits public service employers from conducting a background check until providing a conditional job offer. The offer may be rescinded based on background check findings only if the results have a direct impact on the job position.
Several municipalities and counties in Pennsylvania have also adopted ban-the-box laws that only apply to the public sector, including: Allegheny County, Allentown, Bethlehem, Lancaster County, Montgomery County, Northampton County, Philadelphia County, Philadelphia, Reading and York.
Since the extent of these county ban-the-box regulations vary on a case-by-case basis, it’s important for public employers to stay aware of the distinctions that apply within their jurisdiction.
