Learn about record checks and how a record check in Pennsylvania can effect your ability to obtain or keep your employment. More and more employers use record checks in making their decision regarding employing an individual. Below is a list of the type of jobs that could use criminal record checks:
Government jobs, couriers, bus drivers, subway drivers, security guards, casino employees, car dealerships, insurance agencies, funeral directors, collection agents, truck drivers, cab drivers, day care workers, nurses, parenting, bank employees, it employees, massage therapists, teachers, professors, chiropractors, doctors, banking positions, accounting, payroll positions, correctional officers, clerk of the courts, optometrists, physiotherapists, social workers, volunteer workers, veterinarians.
In Pennsylvania, the use of criminal background checks in making hiring decisions is governed by 18 Pa.C.S. $9125, part of the Criminal History Record Information Act, 18 Pa.C.S. $9101-9181. Section 9125 permits employers to consider an applicant’s felony and misdemeanor convictions – not mere arrests- in connection with hiring decisions. Significantly, however, the convictions may only be considered to the extent they relate to an applicants’ suitability for the specific job in question.
The Act further requires that if an employer’s decision not to hire an applicant is based in whole or in part on criminal history record information, then the employer must so notify the applicant in writing. Rejected applicants can sue to challenge the employer’s reliance on the background check. If, for example, an employer relies on a conviction unrelated to the job, or if the employer relied on a mere arrest, the Act permits an award of actual and real damages, as well as punitive damages (up to $10,000.00) and attorneys’ fees.
Learn more about getting your criminal record expunged, from experienced Pennsylvania Criminal Defense Lawyers that are knowledgeable about Pennsylvania Expungement laws and can advise whether you are eligible for an expungement or whether the pardon process makes sense for you. Contact Ciccarelli Lawyers to speak to a Pennsylvania Expungement or Pardon Lawyer today. Call toll free (877) 529-2422.
We are based in Suburban Philadelphia in Chester County that serves clients with Expungement matters throughout Pennsylvania including, Berks County, Bucks County, Chester County, Delaware County, Lancaster County, Montgomery County and Philadelphia County.
