Pennsylvania Background Check Laws: What Employers Must Know in 2026

Understanding Pennsylvania's Legal Framework for Criminal Background Checks

Pennsylvania employers operate within a multi-layered regulatory environment when conducting criminal background checks. Federal law, primarily the Fair Credit Reporting Act, establishes baseline requirements for how consumer reporting agencies handle background information. The FCRA also dictates how employers must communicate with applicants. Pennsylvania state law adds additional restrictions, particularly through the Clean Slate Act's automatic sealing provisions. State requirements also limit when and how employers may inquire about criminal history.

The intersection of these frameworks creates scenarios where information may be legally sealed under state law but still technically reportable under federal standards. County-level databases may retain records that should theoretically be inaccessible. Employers must navigate this bifurcated system by understanding not just what the law requires, but how practical implementation works across Pennsylvania's 67 counties. These counties maintain varying technological infrastructure and record-keeping practices.

Federal Requirements Under the FCRA

The Fair Credit Reporting Act governs how employers obtain and use consumer reports. These reports include criminal background checks when third-party consumer reporting agencies prepare them. Employers must provide clear written disclosure that they will conduct a background check. They must also obtain written authorization before requesting a report. This disclosure must be a standalone document. Employers cannot bury it within employment applications or other paperwork.

When an employer considers taking adverse action based on information in a consumer report, they must follow specific procedures. The employer must provide the applicant with a pre-adverse action notice. This notice includes a copy of the consumer report and a summary of rights under the FCRA. The applicant must have reasonable time to review the information and dispute any inaccuracies before the employer finalizes the decision. After making a final decision, the employer must provide a final adverse action notice. This notice explains that the employer based the decision on the report and informs the applicant of their dispute rights.

The FCRA limits how far back consumer reporting agencies may include certain information in consumer reports. Under 15 U.S.C. § 1681c(a), consumer reporting agencies generally may not report criminal convictions that are more than seven years old. The statute measures this period from the date of disposition or release from incarceration, whichever is later. This limitation applies when the position has a reasonably anticipated salary of less than $75,000 annually. The limitation applies to the consumer reporting agency's reporting practices. Employers should verify that background reports comply with applicable FCRA time limitations. Specific application may vary based on position and circumstances.

Pennsylvania's Clean Slate Act and Automatic Sealing

Pennsylvania's Clean Slate Act, codified at 18 Pa.C.S. §§ 9122.1–9122.3, took effect in stages beginning in 2018. The law established a framework for automatic sealing of certain criminal records after specified waiting periods. Sealing depends on automated administrative processes coordinated between courts and state agencies. Implementation timelines and completeness may vary by county depending on technological infrastructure and case processing backlogs.

These timelines apply only when individuals have completed all aspects of their sentences. Completion includes probation, parole, fines, and restitution.

What the Clean Slate Act Does Not Seal

The Clean Slate Act excludes numerous offense categories from automatic sealing:

• Violent offenses: Murder, voluntary manslaughter, kidnapping, and aggravated assault
• Sexual offenses: Any crime requiring Megan's Law registration
• Serious felonies: First-degree felonies and most second-degree felonies
• Weapons charges: Firearms violations and prohibited possession offenses
• Specific drug crimes: Manufacturing and trafficking charges above certain thresholds

The law does not erase sealed records. Under 18 Pa.C.S. § 9122.1(b), law enforcement agencies, courts, and certain licensing authorities can still access sealed records when statute authorizes such access. However, employers cannot access sealed records for hiring purposes. Employers may not request, access, consider, or require disclosure of sealed records when making employment decisions.

What Shows Up on a Background Check in Pennsylvania

What appears on a criminal background check in Pennsylvania depends on multiple variables. These include the scope of the search, the databases accessed, the age of the records, and whether sealing or expungement has occurred. Employers frequently assume that certified court records provide a complete and accurate picture. The reality is more complex due to differences in county systems and the timing of sealing implementation.

County-Level Variations in Record Accessibility

Pennsylvania maintains criminal records primarily at the county level. Each of the 67 counties operates its own court system and database. While statewide repositories exist, including the Pennsylvania Access to Criminal History (PATCH) system, not all county records update uniformly. The Pennsylvania State Police maintains PATCH, but counties do not always make records accessible through centralized systems.

Some counties have modernized electronic filing systems that integrate relatively quickly with state repositories. Others rely on older systems where staff may enter records manually or update them with significant delays. This disparity means that identical offenses processed in different counties may appear differently on background checks. Results depend on the source consulted and when someone conducted the search.

Sealed vs. Expunged Records and Practical Visibility

Theoretically, sealed records under the Clean Slate Act should not appear on background checks conducted through official channels. Once sealing takes effect, the system removes the records from public access. Consumer reporting agencies should not disclose them in reports provided to employers.

However, practical implementation challenges mean sealed records sometimes still surface:

• County databases may not update immediately when sealing occurs, creating lag periods
• Third-party data aggregators may retain outdated information collected before sealing
• Legacy systems maintained by commercial databases may not reflect current sealing status

Expunged records differ from sealed records. Expungement represents a court order directing destruction or removal of specific records. Courts typically grant expungement through a petition process. Expunged records should not appear anywhere. However, legacy data retained by commercial databases presents similar challenges to those affecting sealed records.

Employers who receive background reports showing potentially sealed or expunged information face difficult decisions. Using such information as a basis for employment decisions may violate Pennsylvania law if courts legally sealed the records. Best practice involves asking the applicant directly. Employers should allow them to provide documentation of sealing or expungement and consult legal counsel before proceeding.

Arrests, Charges, and Pending Cases

Arrests without conviction present particular challenges in Pennsylvania background checks. Federal guidance from the Equal Employment Opportunity Commission advises that employers should not use arrest records alone as a basis for employment decisions. Arrests do not establish that criminal conduct occurred. However, arrests may appear on background checks, particularly if the case remains pending or if the record has not yet received sealing.

Consumer reporting agencies may report arrests or criminal charges for which the date of disposition or trial is within seven years. They may also report pending criminal charges. Employers who learn of pending charges face complex legal considerations. Taking adverse action based solely on pending charges risks discrimination claims. This risk increases when the charges do not relate to job responsibilities.

Pennsylvania Criminal History Inquiry Restrictions

Pennsylvania law restricts when certain employers may inquire about an applicant's criminal history. The Fair Criminal Record Screening Standards Act (43 P.S. § 1421) applies to public agencies and private employers with Commonwealth contracts. Philadelphia and certain other Pennsylvania municipalities have adopted separate ordinances. These ordinances apply to private employers within their jurisdictions.

Understanding these timing restrictions is essential for structuring compliant hiring processes.

Application Stage Restrictions

Where restrictions apply, employers cannot ask about criminal history on initial job applications. Application forms cannot include questions like "Have you ever been convicted of a crime?" Employers also cannot use checkboxes requiring disclosure of criminal records. The restriction applies to the initial written application stage. This prevents employers from screening out applicants based on criminal history before evaluating their qualifications.

These restrictions do not prevent employers from conducting criminal background checks later in the hiring process. Once an employer determines that an applicant is otherwise qualified and has conducted an initial interview, they may request information about criminal history. At this stage, employers can conduct background checks.

Exceptions to Criminal History Inquiry Restrictions

Where criminal history inquiry restrictions apply, exceptions typically exist for certain positions. These include positions where criminal history screening is required by law. They also include positions where statute or regulation mandates specific disqualifying offenses:

• Healthcare facilities serving vulnerable populations
• Educational institutions and childcare settings
• Financial institutions subject to regulatory requirements
• Positions requiring professional licensure with criminal history provisions
• Law enforcement and security positions

Employers should review the specific requirements of the applicable law. They should document the legal basis for any exception claimed.

Conducting Compliant Background Checks in Pennsylvania

Employers conducting criminal background checks in Pennsylvania must navigate overlapping federal and state requirements. Screening processes must comply with the FCRA, Pennsylvania law, and anti-discrimination standards.

Selecting Background Check Methodologies

Employers may conduct background checks using various methodologies:

• County courthouse searches provide certified records directly from the source but have geographic limitations
• Statewide database searches access centralized repositories like PATCH with broader geographic coverage
• National criminal database searches offer the widest scope but depend on data quality from various sources
• Fingerprint-based searches provide the most accurate matching but require additional time and logistics

Statewide database searches access centralized repositories like Pennsylvania's PATCH system. This system aggregates records from multiple sources. These searches provide broader geographic coverage than single-county searches. However, they depend on the completeness and timeliness of county reporting to state systems.

Disclosure, Authorization, and Adverse Action Procedures

When employers obtain consumer reports from consumer reporting agencies, FCRA compliance is mandatory. The law defines consumer reporting agencies as entities that regularly assemble or evaluate consumer credit or other information for third parties (15 U.S.C. § 1681a(f)). Employers must provide applicants with a clear, standalone written disclosure. This disclosure explains that the employer may obtain a consumer report for employment purposes.

After providing disclosure, employers must obtain written authorization from the applicant before requesting the background report. When a background check reveals information that may lead to an adverse employment decision, employers must follow pre-adverse and final adverse action procedures.

The pre-adverse action notice must include several elements. Employers must provide a copy of the consumer report and a summary of FCRA rights. The notice must include information about the consumer reporting agency that prepared the report. Employers must give the applicant reasonable time to respond. The FCRA requires employers to provide applicants with reasonable time to review the report and dispute inaccuracies before making a final adverse action decision. Many employers provide five to seven business days as a standard practice. Longer periods may be appropriate when applicants initiate disputes.

If the employer proceeds with the adverse decision after the waiting period, they must provide a final adverse action notice. This notice must include the name and contact information of the consumer reporting agency. It must include a statement that the agency did not make the decision. The notice must inform the applicant of their right to dispute the report's accuracy.

Individualized Assessment Requirements

Federal anti-discrimination law requires employers to conduct individualized assessments before rejecting applicants based on criminal history. The Equal Employment Opportunity Commission interpreted this requirement in its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records. This requirement arises from Title VII's prohibition on employment practices that create unlawful disparate impact on protected classes.

Employers should provide applicants an opportunity to present mitigating information. This includes evidence of rehabilitation, certificates of completion for treatment programs, employment history since the conviction, and references attesting to character.

Records Access and Verification Methods

Employers have multiple options for accessing criminal records in Pennsylvania. Options range from direct courthouse searches to third-party background screening services.

Pennsylvania Access to Criminal History (PATCH)

The Pennsylvania State Police operates PATCH. This system provides access to criminal history records maintained by the state. PATCH includes records from Pennsylvania courts, state police, and federal sources when authorities fingerprinted individuals in Pennsylvania.

PATCH searches are name-based unless someone conducts them through the fingerprint-supported process. Name-based searches face matching limitations. Common names may produce multiple results requiring review and verification. Fingerprint-based PATCH searches provide greater accuracy by matching biometric data rather than relying on name matching.

Direct County Courthouse Searches

Directly searching records at county courthouses provides certified information from the official source. However, these searches have geographic limitations to the specific counties searched. Certified courthouse searches reduce the risk of reporting sealed or expunged records. Courthouse staff should restrict access to sealed information.

Consumer Reporting Agencies and Multi-Source Searches

Consumer reporting agencies compile information from multiple sources. These potentially include county courthouses, statewide repositories, federal courts, corrections departments, and sex offender registries. This multi-source approach provides broader coverage than single-source searches. However, it introduces complexity regarding accuracy and timeliness.

Background reports prepared by consumer reporting agencies must comply with FCRA accuracy standards. These standards require reasonable procedures to ensure maximum possible accuracy. However, data aggregation from multiple sources with varying update cycles means errors occur. Employers should establish processes for investigating disputes raised by applicants. They should not automatically accept background reports as conclusive.

Special Considerations for Specific Offense Types

Different categories of criminal offenses present unique considerations for Pennsylvania employers. Understanding how various offense types relate to job responsibilities informs more nuanced screening decisions.

Drug Offenses and Substance-Related Convictions

Pennsylvania employers frequently encounter applicants with drug-related convictions. These range from summary possession offenses to felony trafficking charges. Lower-level possession offenses may qualify for sealing under the Clean Slate Act after 10 years if the individual remained conviction-free. More serious trafficking or manufacturing offenses typically remain visible indefinitely.

Employers must determine whether drug-related offenses relate to specific job responsibilities. They should consider evidence of rehabilitation. Federal law prohibits certain drug-related conduct regardless of state legal changes. This creates complications for employers subject to federal regulations or receiving federal contracts.

Theft, Fraud, and Financial Crimes

Offenses involving dishonesty, theft, fraud, or breach of fiduciary duty are generally considered directly relevant to certain positions. These positions include those involving financial responsibility, access to assets, or handling of sensitive information:

• Embezzlement and financial fraud: High relevance to accounting, finance, and management positions
• Retail theft: Variable relevance depending on offense age, value, and position responsibilities
• Identity theft: Significant concern for positions with access to personal information

Pennsylvania law does not create categorical bars to employment based on theft or fraud convictions. Exceptions exist in specific regulated industries. However, employers may justify treating these offenses as highly relevant to certain positions through individualized assessment.

Violent Offenses and Public Safety Concerns

Violent offenses, including assault, weapons charges, and sex crimes, typically remain permanently visible on background checks. Most qualify for exclusion from Clean Slate Act sealing. Positions involving vulnerable populations face additional scrutiny. Vulnerable populations include children, elderly individuals, or people with disabilities. Statute often prohibits hiring individuals with certain violent or sexual offense convictions for these roles. Employers in healthcare, education, and social services should identify mandatory disqualifications applicable to specific roles.

Addressing Applicant Disputes and Background Check Errors

Background check errors occur despite best efforts at accuracy. County clerks misfile records under wrong names. Commercial databases retain outdated information. Name matching produces false positives.

Common Error Types and Verification Steps

Name-matching errors represent the most common category of background check inaccuracies. When applicants dispute background check results, employers should request identifying information that clarifies the dispute. This may include documentation showing the record belongs to a different person. It may also include court documents reflecting case outcomes not captured in the background report.

Common error types include:

• Name confusion: Records attributed to individuals with similar names
• Sealed or expunged records: Information that should have been removed still appearing
• Incomplete dispositions: Arrests shown without final case outcomes
• Outdated information: Records not reflecting recent legal changes

Sealed or expunged records that incorrectly appear on background checks present particularly serious disputes. If an applicant provides court documentation confirming sealing or expungement, the employer should not rely on the inaccurate report.

Reinvestigation Obligations Under the FCRA

The FCRA requires consumer reporting agencies to reinvestigate disputed information within 30 days. This requirement activates when consumers notify them of inaccuracies. During reinvestigation, agencies must review all relevant evidence and verify information with original sources. If agencies cannot verify information or find it inaccurate, they must correct or delete it.

Employers who learn of disputes during the pre-adverse action process should pause hiring decisions until reinvestigation is complete. Proceeding with adverse action while a dispute remains unresolved creates legal risk.

Developing Internal Policies and Training Programs

Sustainable compliance with Pennsylvania background check laws requires structured internal policies. Organizations also need ongoing training for HR staff, hiring managers, and others involved in employment decisions.

Policy Components and Documentation Requirements

Comprehensive background check policies should be addressed when employers conduct background checks. They should specify what screening methodologies employers use and how they evaluate criminal history. Policies should outline what procedural safeguards protect applicants' rights. Policies should specify which positions require background checks. Organizations should document individualized assessment procedures in written policies that guide decision-makers through required considerations.

Training Hiring Managers and HR Staff

Individuals involved in reviewing background checks and making hiring decisions need training on legal requirements. They need instruction on company policies and recognizing situations requiring escalation to legal counsel. Training should cover criminal history inquiry timing restrictions. It should address individualized assessment obligations, adverse action procedures, and how to respond to applicant disputes.

Conclusion

Pennsylvania background check laws require employers to navigate overlapping federal and state requirements. Automated sealing provisions change what criminal records remain accessible. County-level variations affect how authorities maintain and report records. Compliant screening processes incorporate proper disclosure and authorization, individualized assessments that consider offense relevance and rehabilitation, and procedures for addressing disputes.

Frequently Asked Questions

What criminal records are automatically sealed under Pennsylvania's Clean Slate Act?

Pennsylvania's Clean Slate Act automatically seals certain second- and third-degree misdemeanor convictions 10 years after sentence completion if the individual remained conviction-free. The law seals summary offenses after five years. Violent crimes, sexual offenses, and most first- and second-degree felonies remain excluded and permanently visible.

Can employers ask about criminal history on job applications in Pennsylvania?

Pennsylvania law restricts when certain employers may inquire about criminal history on initial job applications. The Fair Criminal Record Screening Standards Act applies to public agencies and employers with Commonwealth contracts. Some municipalities have separate ordinances. Private employers not subject to these requirements may inquire later in the hiring process after initial interviews.

How far back do criminal background checks go in Pennsylvania?

Pennsylvania law does not impose a universal lookback limit. However, the FCRA generally restricts consumer reporting agencies from reporting convictions older than seven years. This applies to positions with anticipated salaries under $75,000 annually. The Clean Slate Act's automatic sealing provisions remove certain convictions from visibility after 10 years.

What is the difference between sealed and expunged records in Pennsylvania?

Sealed records remain in existence but authorities remove them from public access. Employers cannot access them for hiring purposes. Expunged records face court orders directing removal or destruction. Employers may not request, access, or consider sealed records when making employment decisions.

Do arrests without conviction appear on Pennsylvania background checks?

Arrests without conviction may appear depending on the sources searched and case status. The FCRA permits consumer reporting agencies to report arrests or charges for which disposition or trial occurred within seven years. They may also report pending charges. EEOC guidance recommends against using arrest records without conviction as a basis for employment decisions.

Must Pennsylvania employers provide individualized assessments before rejecting applicants with criminal records?

Yes. Federal anti-discrimination law under Title VII requires employers to conduct individualized assessments. Employers must consider the nature and gravity of the offense, time elapsed since the conviction, and relevance to the position. Blanket policies that automatically disqualify all applicants with criminal records create legal risk.

What happens if a background check contains errors or sealed records?

If a background check contains inaccurate information or improperly includes sealed or expunged records, applicants should dispute the information. They should contact both the employer and the consumer reporting agency. The FCRA requires reinvestigation within 30 days. Employers should pause hiring decisions until disputes are resolved.

Are there positions in Pennsylvania where certain criminal convictions create absolute hiring bars?

Some Pennsylvania positions face statutory disqualifications based on specific criminal convictions. For example, individuals with certain convictions may face prohibitions from working in licensed healthcare facilities, schools, or childcare settings. Licensing statutes or regulations specific to the industry typically define these disqualifications.

Additional Resources

1. Pennsylvania Clean Slate Limited Access Law Overview
   https://www.pacourts.us/news-and-statistics/cases-of-public-interest/cleanslatefaq
2. Pennsylvania Access to Criminal History (PATCH)
   https://www.psp.pa.gov/Pages/PATCH.aspx
3. Fair Credit Reporting Act Full Text and Summary
   https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act
4. EEOC Guidance on Criminal Records in Employment
   https://www.eeoc.gov/laws/guidance/arrest-and-conviction-records
5. Pennsylvania Unified Judicial System Web Portal
   https://ujsportal.pacourts.us/