Numerous employers in Pennsylvania incorporate background checks into their pre-employment screening procedures. Utilizing background checks can aid in making more informed hiring choices, safeguarding the organization’s reputation, employees, and clientele. Compliance with federal, state, and local regulations regarding background screenings, appropriate management of discovered information, and preservation of the privacy rights of job applicants and employees is essential for employers. Here is a summary of key points that employers should be aware of.
In Pennsylvania, employers and public agencies employ background checks for diverse purposes. These include assessing the reliability of job candidates, qualifying and supervising operators of heavy equipment, motor vehicles, and firearms, as well as ensuring the safety of children and other vulnerable individuals.
Background checks in Pennsylvania frequently involve searching criminal records through the Pennsylvania Access to Criminal History (PATCH) online database. Additionally, they may encompass national records searches or obtaining an FBI criminal history clearance.
Common Use Cases For Pennslyvania Background Checks
Pennsylvania’s private employers and public agencies commonly conduct thorough pre-employment background screenings, encompassing criminal background checks. However, these checks in Pennsylvania encompass a variety of other assessments:
PA STATE POLICE BACKGROUND CHECK
The Pennsylvania State Police oversees Pennsylvania Access to Criminal History (PATCH), an online database utilized in background screenings by numerous state entities and local governments. This database holds records of convictions and arrests statewide. While primarily utilized by state law enforcement to examine suspects’ criminal backgrounds, it is also mandatory for prospective school staff, contractors working with children, foster caregivers, elder care providers, and individuals with direct access to vulnerable populations.
PRE-EMPLOYMENT CREDIT CHECK
In roles tied to finance and business, pre-employment credit checks are customary. These checks don’t divulge credit scores but may include employment history, bankruptcy notifications, credit and payment records, instances of debt referred to collection agencies, and other credit inquiries. Such checks result in a “soft inquiry” on the candidate’s credit report, having no impact on their credit score. However, Philadelphia’s fair hiring law imposes restrictions on the use of pre-employment credit checks by local employers.
MOTOR VEHICLE RECORD (MVR) CHECK
Pennsylvania companies hiring commercial drivers regulated by the DOT must perform motor vehicle record (MVR) checks and substance abuse screenings as part of pre-employment screening and periodically during employment, adhering to DOT guidelines. Additionally, employers may conduct MVR screenings (with applicant or employee consent) for new hires and employees who operate company vehicles or use personal vehicles for work purposes.
VOLUNTEER BACKGROUND CHECK
Volunteers assisting Pennsylvania departments or organizations serving children, seniors, or at-risk individuals must consent to criminal background checks. The Pennsylvania State Police waives processing fees for volunteers requesting background checks through a designated form.
Moreover, specific types of criminal background checks in Pennsylvania necessitate direct processing by state or federal agencies. While employers may engage third-party providers for preliminary searches, formal checks are conducted through these agencies and databases.
FBI BACKGROUND CHECK
When applying for positions involving contact with children and other vulnerable individuals, as well as for licenses in financial sectors, candidates are obligated to undergo FBI criminal background checks.
FINANCIAL SERVICES BACKGROUND CHECKS
Individuals seeking licenses in financial services in Pennsylvania, overseen by the Department of Banking and Securities, are mandated to undergo a criminal background check conducted by the Pennsylvania State Police and an FBI Fingerprint Check. This requirement applies to various roles such as financial advisers, securities traders, mortgage lenders, brokers, and providers of check-cashing and pawnbroker services.
PENNSYLVANIA CHILD ABUSE HISTORY CLEARANCE
Regulations set by Pennsylvania Child Protective Services necessitate three background checks for prospective employees in both public and private schools, child care facilities, and contractors serving these institutions. Alongside the Pennsylvania State Police criminal history check and FBI Criminal History Clearance, candidates must complete a Pennsylvania Child Abuse History Clearance application. Accessible application forms can be obtained online and submitted via the state Department of Human Services’ Child Welfare Portal or through mail. All three screenings mandated by child protective services must be updated every five years.
PENNSYLVANIA GUN BACKGROUND CHECK
The Pennsylvania Instant Check System (PICS) functions as an electronic database facilitating gun dealers and law enforcement in verifying whether an individual is legally eligible to purchase or possess a firearm. Factors leading to disqualification from a gun sale via PICS include prior convictions for various felonies and weapons-related offenses, findings of mental incompetency, and being classified as a fugitive. (Notably, a gun background check is distinct from pre-employment background checks. Rapid Hire Solutions does not provide Pennsylvania gun background checks.)
How Far Back Does A Background Check Go In Pennsylvania?
State law in Pennsylvania does not impose restrictions on the timeframe for conducting a criminal background check, allowing employers to consider relevant convictions, regardless of their age, in their hiring decisions. However, the Pennsylvania Clean Slate law, outlined in detail below, prohibits public access to information regarding most misdemeanor criminal convictions that are over 10 years old, as well as any arrests that did not result in a conviction. Consequently, such incidents should not be reflected in Pennsylvania background check reports or factored into hiring determinations.
Regarding Motor Vehicle Record (MVR) checks, Pennsylvania does not prescribe a specific timeframe for how far back these checks can extend. Nonetheless, violations typically remain on state driving records for no more than 10 years. It’s important to note that even if these violations no longer appear on a motor vehicle record, convictions for felony DUI and other motor vehicle-related felonies may persist on an individual’s criminal record indefinitely and will be detectable in criminal background checks.
Similarly, with the exception of Philadelphia, where the use of credit checks in pre-employment background screenings is limited (as explained below), Pennsylvania does not impose constraints on the timeframe for conducting credit checks. Under the federal Fair Credit Reporting Act (FCRA), bankruptcies that are older than 10 years and paid tax liens or any collection accounts that are older than seven years cannot be reported.
Pennsylvania Background Check Laws
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- Pennsylvania has several state laws that limit the use of pre-employment background checks, including:
PENNSYLVANIA CRIMINAL HISTORY RECORD INFORMATION ACT
The Pennsylvania Criminal History Record Information Act mandates that public and private employers within the Commonwealth refrain from automatically disqualifying individuals with criminal records. It stipulates that employers must:
Limit consideration to felony and misdemeanor convictions during the hiring process, disregarding summary offenses and misdemeanor or felony arrests and court proceedings lacking convictions.
Evaluate whether any convictions revealed in a criminal background check directly impact the applicant’s suitability for the applied position.
PENNSYLVANIA FAIR-CHANCE HIRING HUMAN RESOURCES POLICY
The Pennsylvania Fair-Chance Hiring Human Resources Policy, known as the ban-the-box provision, prohibits inquiries regarding criminal history on applications for public service positions within state departments under the governor’s jurisdiction. This law permits Pennsylvania departments to conduct criminal background checks only subsequent to extending a conditional job offer. Any offer of employment or promotion may only be rescinded based on background check findings if they directly relate to the job at hand.
PENNSYLVANIA CLEAN SLATE LAW
The Pennsylvania Clean Slate Law, enacted in 2018, automatically seals information pertaining to misdemeanor criminal convictions that are ten or more years old, provided all court-ordered restitutions have been fulfilled. Consequently, these convictions cannot surface in Pennsylvania background checks or influence hiring decisions.
Furthermore, many cities and counties in Pennsylvania have implemented local fair hiring laws, which impose additional restrictions on background check procedures within their jurisdictions. This can cause confusion for employers operating in multiple locations throughout the Commonwealth or employing remote workers across the state. Employers should adhere to the most stringent law applicable to a specific locality when unsure.
Employers in Pennsylvania must also adhere to the federal Fair Credit Reporting Act (FCRA). The FCRA mandates that employers obtain consent from candidates and employees prior to conducting background checks, delineates the necessary procedures for notifying candidates of background check results, and requires employers to follow a two-step adverse action process to afford candidates an opportunity to respond to background check findings that might result in a decision against hiring or promoting them.
- Pennsylvania has several state laws that limit the use of pre-employment background checks, including:
County Resources
ALLEGHENY COUNTY
Allegheny County, situated in southwestern Pennsylvania, spans 730 square miles and encompasses the city of Pittsburgh along with its surrounding metropolitan area. Renowned as the historic nucleus of America’s steel industry, the county has evolved into a hub for healthcare, education, and high-tech advancement in the 21st century. With a population of 1,250,578 residents, it ranks as the state’s second-most populous county.
Public Information & Records:
Allegheny County has a ban-the-box law.
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BERKS COUNTY
Berks County, home to Reading, the largest city, boasts historical significance as the former residence of the Reading Railroad, famously featured in the Monopoly game. Positioned within the Philadelphia metro area, Berks County spans 856 square miles and hosts a population of 428,849 individuals.
Public Information & Records:The city of Reading has a ban-the-box law.
BUCKS COUNTY
Northeast of Philadelphia and bordering New Jersey to the east, Bucks County encompasses Levittown, a planned community spanning four municipalities, as well as Croydon and the borough of Doylestown, serving as the county seat. With a land area of 604 square miles, Bucks County accommodates a population of 646,538 residents.
Public Information & Records:CHESTER COUNTY
As a southeastern Pennsylvania suburb adjoining Philadelphia to the east and Wilmington, Delaware, to the south, Chester County encompasses 750 square miles. Including the city of Coatesville and the borough of West Chester, the county accommodates 534,413 residents.
Public Information & Records:CUMBERLAND COUNTY
To the west of Harrisburg, Cumberland County spans 545 square miles and includes suburbs of the state capital along with the city of Carlisle. With a population of 259,469, Cumberland County is Pennsylvania’s fastest-growing county.
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DAUPHIN COUNTY
Dauphin County, located in close proximity to Philadelphia, encompasses a populace of 576,830 individuals across 184 square miles, including townships such as Upper Darby and Haverford, and the city of Chester.
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DELAWARE COUNTY
Delaware County, situated southwest of Philadelphia within its metropolitan area, is home to 576,830 residents spanning 184 square miles, including townships like Upper Darby and Haverford, as well as the city of Chester.
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ERIE COUNTY
Erie County, occupying 799 square miles in the northwestern corner of the Commonwealth alongside Lake Erie, encompasses cities such as Erie and Corry, boasting a population of 270,876.
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LACKAWANNA COUNTY
Lackawanna County, nestled in the northeastern region of the Commonwealth, boasts a population of 215,896 across 459 square miles. It includes cities like Scranton and Carbondale, the latter named after the coal mining industry pivotal to the county’s 19th-century economy. Presently, manufacturing, healthcare, and education services dominate its job sectors.
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LANCASTER COUNTY
Lancaster County, renowned globally as the heart of “Pennsylvania Dutch Country,” spans 944 square miles and houses 552,984 inhabitants. Apart from its allure to tourists, the county and its seat, Lancaster city, support thriving manufacturing and healthcare sectors.
Public Information & Records:
Lancaster County has a ban-the-box law.
LEHIGH COUNTY
Lehigh County, named after the Lehigh River, occupies a 345 square-mile area, encompassing Pennsylvania’s third-largest city, Allentown, and part of Bethlehem, shared with Northampton County. With a population of 374,557, Montgomery County extends across a 483 square-mile area, including suburbs adjacent to Philadelphia and part of Valley Forge National Historical Park. It encompasses Norristown city and townships like Abington, Lower Merion, and Upper Merion.
Public Information & Records:
The cities of Allentown and Bethlehem have ban-the-box laws.
LUZERNE COUNTY
Luzerne County, located in northeastern Pennsylvania, spans 890 square miles and houses 325,594 residents. Historically a hub of anthracite coal mining, it transitioned into a manufacturing center in the mid-20th century and now serves as a major warehousing services center.
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MONTGOMERY COUNTY
Encompassing a 483 square-mile expanse, Montgomery County includes suburbs neighboring Philadelphia and a portion of Valley Forge National Historical Park, commemorating the trials of George Washington’s troops during the harsh winter of 1777-1778. It comprises the city of Norristown and the townships of Abington, Lower Merion, and Upper Merion, boasting a population of 856,553.
Public Information & Records:
Montgomery County has a ban-the-box law.
NORTHAMPTON COUNTY
Stretching over 370 square miles in eastern Pennsylvania, Northampton County shares a border with New Jersey and forms part of a metropolitan area including Easton, its county seat; Bethlehem, partially within Northampton County and partially in neighboring Lehigh County; and Allentown, Lehigh County’s largest city. With a population of 312,951.
Public Information & Records:
Northampton County and the city of Bethlehem have ban-the-box laws.
PHILADELPHIA COUNTY
As Pennsylvania’s most populous county and the nucleus of its largest metropolitan area, Philadelphia County boasts a population of 1,603,797. The county and city of Philadelphia occupy the same 134 square-mile territory, sharing consolidated government court systems.
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Philadelphia County and the city of Philadelphia have ban-the-box laws. There is also a ban on testing many job candidates for marijuana use.
WESTMORELAND COUNTY
Situated southeast of Pittsburgh and housing the towns of Murrysville, Latrobe, and Greensburg (the county seat), Westmoreland County is reputed to have over 100 abandoned coal mines across its 1,028 square-mile area. While remnants of its significance in the rise of the Pennsylvania steel industry remain, its economic landscape in the 21st century comprises industries such as healthcare, social services, manufacturing, and retail.
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YORK COUNTY
Spanning 904 square miles in South-central Pennsylvania’s Susquehanna River valley, York County is home to 456,438 residents. Sometimes dubbed the Snack Food Capital of the World, it hosts five major snack food bakeries, including Snyder’s of Hanover, Martin’s Snacks, and Stauffer Biscuit Company, the originator of animal crackers.
Public Information & Records:
The city of York has a ban-the-box law.
Get A Pennsylvania Background Check With Rapid Hire Solutions
Background checks play a crucial role in the hiring procedures and public welfare policies of both private and public employers throughout Pennsylvania. Adhering to the Fair Credit Reporting Act (FCRA) and the various fair chance hiring and ban-the-box laws across the Commonwealth can pose challenges for businesses of all sizes, given the potential costly repercussions of compliance errors.
For Pennsylvania employers seeking assurance and ease in navigating these regulations, utilizing a third-party background check provider such as Rapid Hire Solutions can offer peace of mind. Rapid Hire Solutions provides FCRA-compliant background check services through a user-friendly online platform, streamlining the process for both hiring managers and job candidates. Our platform includes built-in compliance features that automate essential steps like background check reviews and initiation of adverse actions. Additionally, our in-house compliance team is readily available to address any inquiries or concerns you may have.
DISCLAIMER
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws