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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.
State law places no restrictions on how far back a Pennsylvania criminal background check can search, and permits employers to consider relevant convictions, no matter how old, when making a hiring decision.
The law permits Pennsylvania departments to conduct a criminal background check only after an applicant has been given a conditional job offer. An offer of employment or promotion may be rescinded based on a background check only if the findings have direct bearing on the job in question.
How far back do background checks in Pennsylvania go? The seven-year rule applies to background checks in Pennsylvania; no criminal records of arrests that took place more than seven years ago are taken into consideration, no matter whether they resulted in convictions or not.
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.
A popular misconception amongst employers is that they have the right to know if any of their employees have a criminal record. This is not the case. In general, employers are only entitled to ask and be told if a candidate has an unspent conviction.
Many employers conduct background and reference checks during the hiring process, prior to offering a candidate the job. However, in some cases, a job offer may be contingent upon the results of the background check. That means the offer could be withdrawn if the organization finds negative information.
How far back do background checks in Pennsylvania go? The seven-year rule applies to background checks in Pennsylvania; no criminal records of arrests that took place more than seven years ago are taken into consideration, no matter whether they resulted in convictions or not.
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.
A job applicant or employee is not legally required to disclose a spent conviction, unless their job role is excepted from the protection under the Rehabilitation of Offenders Act 1974. A spent conviction is where any rehabilitation period has passed.