Many employers in Pennsylvania use background checks as part of their pre-employment screening process. These checks help companies make informed hiring decisions, protect their reputation, and ensure the safety of employees and clients. It is crucial for employers to comply with federal, state, and local regulations, handle discovered information appropriately, and protect the privacy rights of job applicants and employees. Below is an overview of key points employers should be aware of.

What Is a Pennsylvania Background Check?

In Pennsylvania, employers and public agencies conduct background checks for various purposes, such as assessing job candidate reliability, qualifying heavy equipment or vehicle operators, and ensuring the safety of vulnerable populations, including children.

These checks often include searching criminal records through the Pennsylvania Access to Criminal History (PATCH) database and may also involve national records searches or FBI criminal history clearances.

Common Types of Pennsylvania Background Checks

1. PA State Police Background Check The Pennsylvania State Police manages PATCH, an online database used to check statewide conviction and arrest records. This database is primarily used by law enforcement but is mandatory for jobs like school staff, foster caregivers, elder care workers, and others who interact with vulnerable populations.

2. Pre-Employment Credit Check Employers in finance and business roles often perform credit checks. These checks show payment history, debt collections, and bankruptcy notifications but don’t affect the candidate’s credit score. In Philadelphia, there are restrictions on using these checks for hiring.

3. Motor Vehicle Record (MVR) Check Companies hiring commercial drivers are required to conduct MVR checks and substance abuse screenings. These checks are also commonly used for employees driving company or personal vehicles for work purposes.

4. Volunteer Background Check Volunteers working with vulnerable populations must undergo criminal background checks. The Pennsylvania State Police waives fees for volunteers requesting these checks through a special form.

5. FBI Background Check Positions involving children or vulnerable individuals, as well as certain financial services roles, require FBI background checks.

6. Financial Services Background Check Individuals applying for licenses in financial services must pass background checks from the Pennsylvania State Police and the FBI. This includes roles such as financial advisers, mortgage lenders, and securities traders.

7. Pennsylvania Child Abuse History Clearance Employees and contractors working with children in schools or childcare must complete three checks: a criminal history check, FBI clearance, and a Pennsylvania Child Abuse History Clearance, which is updated every five years.

8. Pennsylvania Gun Background Check The Pennsylvania Instant Check System (PICS) verifies eligibility for firearm purchases, disqualifying individuals with certain criminal records or mental health issues. (Note: This check is separate from employment background checks.)

How Far Back Do Background Checks Go?

Pennsylvania law does not limit how far back employers can check criminal records. However, under the Clean Slate Law, misdemeanors older than 10 years and arrests that didn’t lead to convictions are sealed and shouldn’t appear in background reports.

For MVR checks, violations typically stay on driving records for up to 10 years. Felony DUIs and other motor vehicle felonies may remain on criminal records indefinitely.

Credit checks are subject to the federal Fair Credit Reporting Act (FCRA), which prevents bankruptcies older than 10 years and certain tax liens or collections over seven years from being reported.

Pennsylvania Background Check Laws

1. Pennsylvania Criminal History Record Information Act This law prohibits employers from automatically disqualifying applicants based on criminal records. It requires employers to:

   • Focus on felony and misdemeanor convictions.
   • Consider whether a conviction is relevant to the job.

2. Pennsylvania Fair-Chance Hiring Human Resources Policy Also known as the “ban-the-box” law, this policy prevents inquiries about criminal history on job applications for public positions until a conditional offer is made. Employment offers can only be withdrawn based on background findings that directly relate to the job.

3. Pennsylvania Clean Slate Law Enacted in 2018, this law seals certain misdemeanor convictions that are over 10 years old, provided court-ordered restitution has been paid. These convictions cannot be included in background checks or influence hiring decisions.

Employers should also be mindful of local fair hiring laws, which may impose stricter regulations on background checks. When in doubt, follow the strictest applicable law.

Employers must comply with the FCRA, which requires them to obtain candidate consent before conducting a background check, notify candidates of results, and provide a two-step adverse action process if results affect hiring or promotion decisions.