Pennsylvania Criminal History Record Policy The Pennsylvania Criminal History Record Policy refers to the regulations and guidelines set forth by the Commonwealth of Pennsylvania regarding the handling, access, and release of criminal history records. These policies are crucial in ensuring the accuracy, integrity, and confidentiality of criminal history information, and they play a significant role in the criminal justice system, law enforcement agencies, employers, licensing boards, and the public. Under Pennsylvania law, the central repository for criminal history records is the Pennsylvania State Police (PSP), which maintains an extensive database known as the Pennsylvania Instant Check System (PICS). The PICS gather and stores information related to arrests, charges, convictions, and other criminal activities at both the state and national levels. Multiple types of Pennsylvania Criminal History Record Policies exist to cater to different entities and purposes. These policies include: 1. Noncriminal Justice Users: This policy governs the access and dissemination of criminal history records primarily for non-law enforcement personnel, such as employers, licensing agencies, volunteer organizations, and educational institutions. It outlines the requirements, procedures, and limitations for obtaining and using criminal history records for employment screening, licensing determinations, volunteer selection, and other non-criminal justice purposes. 2. Criminal Justice Users: Specific policies apply to criminal justice agencies, including but not limited to police departments, district attorneys' offices, courts, and correctional institutions. These policies establish guidelines for accessing and using criminal history records in the course of criminal investigations, prosecutions, supervisions, and other legitimate law enforcement purposes. They ensure that criminal justice agencies follow proper procedures and comply with applicable laws when handling and sharing such sensitive information. 3. Expungement and Limited Access: Pennsylvania also has policies related to the expungement and limited access to certain criminal records. These policies specify the criteria under which an individual can request the sealing, expungement, or limited access of their criminal history records, ensuring fair and equal opportunities for individuals seeking rehabilitation and reintegration into society. 4. Protection of Personal Information: Given the sensitive nature of criminal history records, Pennsylvania has strict policies in place to protect the personal information contained within these records. These policies establish safeguards to prevent unauthorized access, use, or disclosure of individuals' criminal records, ensuring compliance with state and federal privacy laws, such as the Pennsylvania Personal Information Protection Act and the Family Educational Rights and Privacy Act (FER PA). The Pennsylvania Criminal History Record Policy aims to strike a balance between providing access to necessary information for legal and legitimate purposes while upholding individual privacy rights and maintaining the accuracy and confidentiality of criminal history records. These policies help to create a fair and transparent criminal justice system that benefits both the public and the individuals involved.
Pennsylvania Criminal History Record Policy
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FAQ
The most common search parameters in Pennsylvania background checks are the employee's full name, date of birth, Social Security number, current residence address, state, and email. Another necessary condition is their consent to conduct the background check.
This type of report contains one's credit score; personal information such as ID Number; full names, addresses, information on how well the individual pays his/her accounts, public information, such as defaults, and court orders, property information, and enquiries that have been made on the individual by Credit
Generally, an employer can inquire into any criminal background information. However, because Pennsylvania allows employers to only consider felony and misdemeanor convictions for hiring decisions, it is best to only inquire on an application or in an interview about felony or misdemeanor convictions.
Covered employers may only consider convictions within the last seven years from date of disposition or release from confinement whichever is later, and may not consider non-convictions regardless of when they occurred.
Criminal history reports shall be no more than five (5) years old at the time of employment. See Act 114 of 2006 for further detailed information on PA background check requirements.
What is the renewal requirement for background checks? They must be renewed every 60 months (five years). The fingerprint FBI check or the Disclosure Statement only needs to be completed one time since establishing PA residency.
How Far Back Does a Background Check Go in PA? In standard cases, a background check report cannot include any records of arrest that did not result in a conviction that are over seven years old.
Summary offenses typically include minor convictions such as harassment, loitering, or disorderly conduct. Summary offenses are still considered criminal history, so they may show up on a Pennsylvania background check. Candidates should disclose these offenses if asked about criminal history on job applications.
Summary offenses typically include minor convictions such as harassment, loitering, or disorderly conduct. Summary offenses are still considered criminal history, so they may show up on a Pennsylvania background check. Candidates should disclose these offenses if asked about criminal history on job applications.
In general, background checks typically cover seven years of criminal and court records, but can go back further depending on compliance laws and what is being searched.
