YOU HAVE A RECORD…

WHAT ARE YOUR RIGHTS?

Employment

Occupational Licenses

Housing

Higher Education

Employment

If you are applying for a job (or trying to keep the one you have) and have a criminal record, there are some protections under United States, Pennsylvania and Philadelphia law that may help you. Pennsylvania employers can only consider felony and misdemeanor convictions that are related to the job. If a Pennsylvania employer asks you about a case that has been expunged or sealed, you can deny that it ever happened. There are important exceptions to this rule. Learn more.

Jobs in Philadelphia

In Philadelphia, most employers cannot consider convictions that are more than 7 years old.

Philadelphia employers can ask you about your criminal record only after they have made you a conditional offer of employment. You should be honest, because employers can still fire or refuse to hire you if you do not tell the truth about your record.

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).

OCCUPATIONAL LICENSING

Many jobs require licensure from a licensing board. Over one million people in Pennsylvania – about one in twelve state residents – work in professions regulated by a licensing board. Many more are interested in these professions.

If you are applying for licensure and have a criminal record, there are laws that can help you.  If your record is sealed or expunged, then it will not be considered. Occupational licensing boards in Pennsylvania cannot see, or consider, cleared records.

A new law helps people with criminal records that are not cleared. Occupational licensing reform in Pennsylvania limits the ability of BPOA licensing boards, like the Nursing Board, Cosmetology Board and Board of Barber Examiners, to consider criminal records. 

Under the new law, applicants can only be denied for convictions that are directly related to the practice of the profession, or where the applicant’s criminal actions demonstrate a substantial risk to coworkers or customers. Applicants will also have an opportunity to present evidence of their fitness for the occupation.

The law requires the BPOA and the boards to create clear and transparent rules. The Department of State has published a guide for potential applicants, explaining how a criminal record may affect their likelihood of obtaining a license and describing steps they can take, if necessary, to prove that they would not pose a risk to clients or coworkers.

HOUSING RIGHTS

If your record is expunged or sealed, you do not need to disclose the cleared cases on a rental application.

Pennsylvania law does not specifically prohibit landlords from utilizing sealed records (unlike for employers).  However, in practice most landlords will not be able to see sealed records. Most housing providers use commercial tenant screening companies, and these records should not report sealed cases.

Some public housing providers do FBI background checks. (You will know if there is an FBI check because they require fingerprints to be taken.) Sealed cases will appear on FBI background checks, so housing providers who get FBI background checks will be able to see sealed records.

The Fair Housing Act protects public housing applicants from criminal record discrimination.  If you are denied public housing because of an arrest that did not lead to a conviction, or because of a conviction that is old and minor, you should seek legal help.

Higher Education

Currently, no federal, state, or city law prohibits colleges and universities from asking about criminal records on applications or using criminal record history information to make an admissions decision.

Starting in 2021, colleges and universities under Pennsylvania State System of Higher Education (PASSHE) will not ask about applicants' criminal history on college applications. This information will be collected after a student is admitted, to help the school advise students around financial aid, housing, and career counseling, etc.

Financial Aid

Federal Financial Aid is accessible to applicants regardless of their criminal record information unless they

      • are currently incarcerated,
      • are subject to an involuntary civil commitment for a sexual offense,
      • were convicted of a forcible or non-forcible sexual offense, or
      • were convicted of a drug related offense that occurred while receiving federal financial aid.

Individuals whose federal aid has been suspended due to drug related convictions can take steps to regain eligibility by successfully completing an approved drug rehabilitation program or by passing two unannounced drug tests administered by an approved drug rehabilitation program. If a person has two convictions for drug dealing or three convictions for possession, they will remain ineligible for financial aid.

Pennsylvania’s state grant programs, which are administered by PHEAA, are governed by state law.  The law states that the agency may deny financial assistance to students with certain criminal records. The Code also states that an applicant who is incarcerated will not be eligible for State grant aid until the applicant has been released. While they do have discretion to consider criminal records of all applicants, PHEAA’s current practice is to consider criminal records only when the applicant is currently incarcerated.

Find A Legal Representative

A legal representative in the county of your arrest can file record clearing petitions or help with complicated issues. Free legal services may be available.