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Expunging your Pennsylvania Criminal Record
Employers in Pennsylvania perform Criminal Background Checks
Having a Pennsylvania conviction on your record can keep you from moving on with your life. With more than 80% of employers performing background checks, obtaining a job with a record is more difficult than ever. In Pennsylvania, employers may consider a prospective employee’s convictions only to the extent that they relate to the applicant’s suitability for the position for which he or she applied. The applicant must be notified in writing if he or she was not hired based in whole or in part on his criminal history. Furthermore, licensing agencies may suspend or revoke a license because of a felony conviction or a misdemeanor that relates to the trade, occupation, or profession for which the license is sought.
Expunge your Pennsylvania Criminal Record to Move On with your Career
Having your Pennsylvania record expunged frees you from your past mistakes and allows you to move on with your life and career. Under Pennsylvania law, an expunged record is removed so that there is no trace or indication that such information existed, except for maintenance of the record for certain judicial requirements.
An employer may not use an expunged record and should not be able to even locate it. A person who has had his or her record expunged does not have to disclose the fact that the arrest or conviction occurred.
Are you Eligible to Expunge your Pennsylvania Criminal Record?
The law allows for people convicted of a summary offense to have their conviction expunged as long as they were not arrested or prosecuted during the five years after the conviction for the summary offense. A summary offense is not a misdemeanor or felony. Examples of summary offenses are underage drinking, retail theft and obstruction of the highway. The easiest way to determine if you are eligibile is to take RecordGone.com's free eligibility test here or by clicking on the image below.
If an employer in Pennsylvania hires a company to do a background check on me, how far back it look on my record?
With the exception of restrictions on non-conviction information, Pennsylvania offers no protections other than those under the Fair Credit Reporting Act (FCRA). Consumer reporting agencies may deliver reports showing all of a person’s convictions and all arrests that occurred over the 7 years prior to the report.
How far back can an employer in Pennsylvania look on my record if he or she personally looks into my criminal history?
Criminal history record information may be disseminated by a state or local police department to any individual or noncriminal justice agency upon request. However, the agency will redact information related to criminal action where 2 years have elapsed since the arrest, no conviction occurred, and no proceedings are pending.
Additionally, records kept by the Pennsylvania courts are available to the public and accessible online. Members of the public can view and print case docket sheets from the criminal cases of the Courts of Common Pleas.
Applicable Law to Expunge your Pennsylvania Conviction
- Pennsylvania Summary Offense Expungement - PCSA § 9122
- Pennsylvania Juvenile Expungement - PCSA § 9123