Unfortunately, finding a job with a conviction record can be challenging. Many people who have served sentences are looking for fresh starts and trying to make better choices, but employers may fail to look past the record. If you’ve previously been convicted and are now seeking employment, learn your rights. State and local policies and laws limit how employers can consider your criminal record in the hiring process.
Find out what criminal record discrimination looks like and what Pennsylvania employers legally can and cannot do when vetting applications.
What Is Criminal Record Discrimination?
For many people who have been convicted of a crime, finding a job after serving jail time is one of their first goals. However, there is a negative stigma surrounding people with a criminal record, which can make it challenging for them to find work. When employers wrongfully deny someone a job because of a previous conviction, they experience criminal record discrimination.
Because there aren’t federal laws against it, employers can consider your criminal record during the hiring process — to some degree. Luckily, there are some limitations. Many states and cities have passed laws to ensure employers give fair consideration to people with criminal records when hiring. While these laws vary from state to state, they often ban employers from rejecting applicants based solely on the existence of a criminal record.
More specifically, to deny employment because of a person’s criminal record, the employer must specify how the conviction would directly affect the job. For example, denying someone with a kidnapping charge a job at a day care would be legal because the conviction directly relates to the job. Regardless of the situation, the employer must provide a written explanation of the denial, and the applicant has a limited period in which they can respond.
States require employers to prove that they are adequately considering applicants with a criminal record. The offense’s severity and the length of time that has passed since the conviction are typical considerations. To help with this, many states have implemented “ban-the-box” laws, which prevent employers from inquiring about criminal histories with a simple “yes/no” check box on job applications. These policies ensure employers aren’t making snap decisions about applicants before getting details or fairly considering them.
Often, employers will either add space for an explanation of your convictions or wait until later in the hiring process to ask about criminal charges and run background checks. These policies allow hiring managers to evaluate applicants’ qualifications and skills before asking them about their records.
Other factors may impact how an employer treats job applicants with criminal records. For example, Title VII of the Civil Rights Act makes it illegal to discriminate against people based on their sex, race, religion or other protected characteristics. The U.S. Equal Employment Opportunity Commission enforces laws prohibiting employers from violating the Civil Rights Act when making employment decisions regarding applicants with criminal records.
For example, if two applicants had similar misdemeanor charges, it’s illegal for the employer to treat one of the applicants differently based on their record because one is a female and the other is a male.
PA Criminal Record Discrimination Laws
If you’ve had a previous conviction and are seeking employment in Pennsylvania, it can be helpful to understand what employers can and cannot do regarding your application and hiring processes. When you know your rights, you can determine if a hiring manager has discriminated against you based on your record.
In Pennsylvania, an employer may only consider an applicant’s criminal history as it relates to misdemeanors and felony convictions, and only to the extent that the convictions that may make you unsuitable for a job position. Employers may not consider charges which are either pending or do not result in a conviction, and they may not consider summary offenses.
Additionally, if an employer in PA denies you employment because of your criminal record, they must provide written notice. If this happens, the law entitles you to a copy of your background check, and you have 10 days to explain why a hiring manager shouldn’t consider your convictions problematic for the position. Be sure to explore local policies to find out if there are other limitations specific to your city.
Sealed or Expunged Records
If you have had your conviction record expunged or sealed, you do not have to disclose the information to an employer. If someone asks you about it, you can truthfully deny the convictions happened because the record no longer exists.
In 2018, Pennsylvania passed the Clean Slate law, which automatically seals some records after enough time has elapsed. The state even lets you petition to get your record sealed. In some cases, like being acquitted or pardoned of charges, the state will automatically expunge or seal records without needing to petition.
The Clean Slate policy allows Pennsylvanians to pursue jobs and licenses without the risk of judgment or denial for their prior actions.
