Pennsylvania Consent to Credit History Background and Reference Check

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Multi-State
Control #:
US-853LT
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Word; 
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Description

This is a consent form to be signed by Tenant or Employee, permitting a credit history, background and reference check to be performed by the Landlord or Employer.


A criminal history background information check is the review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation, the state Department of Public Safety, or any other repository of criminal history records, involving a pending arrest or conviction by a criminal justice agency, including, but not limited to, child abuse crime information, conviction record information, fingerprint cards, correctional induction and release information, identifiable descriptions and notations of convictions; provided, however, dissemination of such information is not forbidden by order of any court of competent jurisdiction or by federal law. Criminal history background information generally does not include any analytical records or investigative reports that contain criminal intelligence information or criminal investigation information.

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FAQ

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.

In Philadelphia, PA, as of July 1, 2017, per the Philadelphia Code §9-1130, it is generally unlawful for an employer to obtain or use credit information in connection with the following: hiring, discharge, tenure, promotion, discipline, or conditions of employment.

The PA background check policy demands that the report exclude arrest records that didn't lead to a conviction if they took place more than 7 years ago. Unless the position has a salary of over $75,000 annually.

Amendments to Philadelphia's Unlawful Credit Screening Practices in Employment ordinance and Fair Criminal Record Screenings Standards ordinance (FCRSS), commonly referred to as the Ban the Box regulation, took effect March 21, 2021, and April 1, 2021, respectively.

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.

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.

Pennsylvania School Law requires that all applicants for employment in public and private schools, employees of independent contractors seeking business with public and private schools, and student teacher candidates undergo background checks if they will have direct contact with students.

Disclosing criminal records to employers in brief Many employers ask at some point and if your convictions are unspent, you legally need to disclose them. If an employer asks and you don't disclose, they could later revoke the job offer or you could be dismissed. You could even face a further conviction.

The following three background checks are required: Department of Human Services Child Abuse History Clearance. Pennsylvania State Police Request for Criminal Records Check. Federal Criminal History Record Information (CHRI)

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Pennsylvania Consent to Credit History Background and Reference Check