Going back to work? Applying or interviewing for a job and have a criminal record? Make sure you know your rights! There are some protections under Pennsylvania law that may help you get hired.
What can employers consider?
Under Pennsylvania law, employers can only legally consider felony and misdemeanor convictions. That means that they cannot consider juvenile adjudications, summary convictions (such as traffic offenses and low-level retail theft), diversionary programs that are completed (Section 17/ARD), or arrests without convictions (charges that are “dropped”).
If you have a felony or misdemeanor conviction, employers must look at the seriousness of the offense, how long ago it occurred, and whether it relates to your ability to do the job. In other words, employers cannot just say that they want a person with a “clean record”; they must look at your individual circumstances.
Occupational Licenses and Other Exceptions
Some jobs require you to have an occupational license. Schools, training programs, and licensing boards for these jobs may reject you because of your record. Other jobs that work with vulnerable people such as elders and children may also reject individuals with a criminal record, sometimes wrongfully.
If you have a record and are interested in a license for one of these jobs, seek legal help. If you are a lower income individual, you may be eligible to receive free legal assistance. Visit https://www.palawhelp.org/find-legal-help to find a legal services provider in your area. If you do not qualify for free legal services, you can contact a lawyer referral service to find a private lawyer. To find a lawyer in your area, call Philadelphia Bar's Lawyer Referral & Information Services (LRIS) at (215) 238-6333; M-F from 9-5.
Philadelphia: Ban the Box
Philadelphia’s “Fair Hiring Law” provides protections for individuals trying to get a job in Philadelphia County.
Under this law, most employers in Philadelphia County:
- Cannot ask you about your criminal record on job applications or in your first interview.
- Can only run background checks after they have made a conditional offer of employment, depending on your record.
- Cannot take back their offer of employment if you have not been convicted or incarcerated in the past 7 years, unless the law requires that they deny you the job.
- Cannot reject you based on arrests that did not lead to conviction, regardless of when they occurred.
After a conditional offer of employment has been made, employers can ask you about your criminal record. You should be honest, because employers can still fire or refuse to hire you if you do not tell the truth about your record. However, if your case has been expunged or sealed, you do not have to disclose that case.
If an employer wishes to take back their job offer due to your criminal record, they must notify you in writing and give you a copy of your criminal record. You have 10 days to explain the conviction(s) or prove that the record is inaccurate.
These rules apply to all employers in Philadelphia County, except criminal justice agencies, employers hiring domestic service workers to work in their home, or if state or federal law otherwise requires employers to reject applicants with certain records (like in childcare jobs).
If you think an employer is not following these laws, you should file a complaint with the Philadelphia Commission on Human Relations within 300 days. You can find the complaint form here: http://www.phila.gov/humanrelations/. Mail the form to: Philadelphia Commission on Human Relations, the Curtis Center, 601 Walnut Street, Suite 300 South, Philadelphia, PA 19106 or fax to (215) 686-4684.
Sealed Records
If your criminal record has been “sealed” by Clean Slate, that means that most people cannot see it. A sealed record cannot be seen or considered by:
- The general public
- Landlords
- Schools
- Licensing boards
- Most employers – employers who do not use FBI background checks
That means the vast majority of employers won’t see a sealed record. When a criminal record is sealed, you can deny it ever happened. You are allowed to deny your sealed cases if you are asked by someone listed above. There are some important exceptions to this rule. See our Sealing Explainer for more information.