Pennsylvania Law On Use Of Criminal Records
Criminal History Records – PA Office of Attorney General
Pennsylvania Human Relations Act (PHRA) – like the federal civil rights laws, the PHRA prohibits discrimination based on race or national origin (among other bases), including both disparate treatment and disparate impact. Thus, the use of criminal records exclusions may be challenged under state law under an analysis similar to under federal law.
https://www.attorneygeneral.gov/protect-yourself/civil-rights/criminal-history-records/
Governor Wolf Reminds PA of Criminal Record Sealing Law
“The United States is the world leader in incarceration and a criminal record often carries a lifetime of consequences that often lead to poverty or re-incarceration,” Governor Wolf said. “This law is a commonsense, positive and unprecedented step to help Pennsylvanians with minor or dated criminal records have a fighting chance at opportunities for gainful employment.
https://www.governor.pa.gov/newsroom/governor-wolf-reminds-pennsylvanians-of-new-criminal-record-sealing-law/
Pennsylvania Law on Employer Use of Arrest and Conviction Records in ...
Two federal laws provide some protections for applicants with criminal records. Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, which can include unintentional race discrimination caused by excluding anyone with a criminal record. The Fair Credit Reporting Act addresses the issue of accuracy in consumer records, including criminal background checks. Title VII: Discrimination Based on Criminal Records
https://www.nolo.com/legal-encyclopedia/pennsylvania-law-employer-use-arrest-conviction-records-hiring.htmlPennsylvania Criminal Records | StateRecords.org
First-degree misdemeanors have a maximum fine of $10,000 in Pennsylvania. The maximum jail time is five (5) years. Common first-degree misdemeanors include simple assault, terroristic threats, stalking, theft of more than $200 but less than $2,000, and multiple DUI offenses. Second-degree misdemeanors have a maximum fine of $5,000 in Pennsylvania.
https://pennsylvania.staterecords.org/criminal.php
USE OF CRIMINAL RECORDS | Attorney Jana R. Barnett, Esq
The Criminal History Record Information Act entitles a person to recover actual and real damages of at least $100 per violation, reasonable costs of litigation and attorney’s fees, and exemplary and punitive damages of $1,000 – $10,000 if the violation of the law is willful.
https://janarbarnettesq.com/employment-law/use-of-criminal-records/
Criminal History Background Check - Pennsylvania State Police
For a Pennsylvania State Police (PATCH) Criminal Background Check, go to: Pennsylvania Access to Criminal History (PATCH) and fill out the online form. For questions regarding your PA Access to Criminal History request (PATCH), please call the PATCH helpline at 888-783-7972. Checking the Status of a Request
https://www.psp.pa.gov/Pages/Criminal-History-Background-Check.aspx
USE OF CRIMINAL RECORDS BY PENNSYLVANIA EMPLOYERS - 18 § Pa.C.S. 1925
Pennsylvania law permits felony and misdemeanor convictions1to become eligible for an expungement if: 1. The conviction is subject of pardon by governor; 2. Petitioner is at least 70 years old, and is 10 years from the end of supervision; and 3. The subject of the information has been dead for at least 3 years.
http://www.philaworks.org/wp-content/uploads/2016/12/AnnotatedCriminalRecord_forEmployers.pdf
Employers - What You Need To Know When Hiring Under The New PA Law ...
It further provides that law enforcement agencies must remove records of arrests and other criminal proceedings where three years have passed without a conviction or further proceedings. The legislation does not allow for records-sealing in more serious crimes, such as firearms charges, sexual offenses, murder, kidnapping, child endangerment, and endangering the welfare of children, among other serious offenses.
https://www.muslaw.com/new-pa-law-limits-availability-of-criminal-record-information/
Public Records | Unified Judicial System of Pennsylvania
Search and view individual court case information (including docket sheets)—for free—please go to the UJS web portal. Search, view and print Unified Judicial System (UJS) contract summaries, detailed expenditure data, monthly salary and annual compensation reports. Review the statewide processes for making and responding to public records requests;
https://www.pacourts.us/public-records
Pennsylvania Arrest Records | StateRecords.org
Pennsylvania has a ‘Right to Know Law’ that allows individuals to request records from the state’s police department. The subpoena request must be in writing, and identify the necessary records and provide a name and address for the department to send a reply.
https://pennsylvania.staterecords.org/arrests