What Type Of Background Checks Are Done For Employment In Pennsylvania
Many Pennsylvania employers use groundwork checks as part of their pre-employment screening process. Background checks may be used as a tool to help brand smarter hiring decisions that protect the organization's reputation, employees, and customers. Employers must follow federal, state, and local statutes governing background screenings, proper treatment of their findings, and respect for the privacy of job candidates and employees. The following is an overview of what employers should know.
What Is A Pennsylvania Background Check?
Pennsylvania employers and public agencies apply groundwork checks for a wide variety of purposes, such as gauging the reliability of job candidates; qualifying and monitoring operators of heavy equipment, motor vehicles, and firearms; and safeguarding the welfare of children and other vulnerable individuals.
Pennsylvania background checks frequently include criminal records searches using the Pennsylvania Access to Criminal History (PATCH) online database, but as well may rely on national records searches or even an FBI criminal history clearance.
Common Use Cases For PA Groundwork Checks
Pennsylvania'southward private employers and public agencies routinely run comprehensive pre-employment background checks, which includes criminal background checks, but Pennsylvania background checks tin have many other forms:
PA State Police Background Check
The Pennsylvania State Police operates and maintains Pennsylvania Access to Criminal History (PATCH), an online database used in background checks by many state agencies and municipalities. PATCH contains data on convictions and arrests statewide. PATCH is routinely used past state law enforcement agencies to check suspects' criminal histories, only PATCH checks are likewise required of all prospective school employees, contractors who work in contact with children, foster parents, elderberry care providers, and others with direct access to vulnerable individuals.
Pre-Employment Credit Check
Common for certain financial and business-related roles, a pre-employment credit cheque does not report a candidate's credit scores, just may include information on their current and past employers, notifications of bankruptcy, credit and payment history, whatever bills turned over to a collection bureau, and other credit inquiries made on the candidate. A pre-employment credit cheque generates a "soft inquiry" entry on the candidate's credit report, which does not affect their credit scores. A local fair hiring law restricts the apply of pre-employment credit checks by employers doing business organisation in Philadelphia.
Motor Vehicle Record (MVR) Cheque
All Pennsylvania companies that employ commercial drivers subject to DOT regulation must conduct motor vehicle record (MVR) checks and substance-abuse screenings on all operators as role of pre-employment screening, and at regular intervals during their employment, per U.S. Section of Transportation (DOT) requirements. Employers also may perform MVR screenings (with consent of applicant or employee) on new hires and employees who drive company vehicles or who utilise their ain cars in the course of company business.
Volunteer Background Check
Volunteers who donate their time to Pennsylvania departments and organizations that aid children, seniors or other at-chance individuals must starting time consent to a criminal background check. The Pennsylvania State Police PATCH organisation waives its customary processing fees for volunteers who asking groundwork checks using a special asking grade created for that purpose.
Additionally, there are several types of criminal background checks in Pennsylvania that must be conducted directly through state or federal agencies. Employers may even so piece of work with a tertiary-party background check provider, like GoodHire, to acquit preliminary searches for employment purposes prior to conducting checks through these databases and law enforcement agencies.
FBI Background Check
FBI criminal background checks are required of job candidates applying to work in positions with access to children and other vulnerable persons, and of applicants for licenses in fiscal fields.
Fiscal Services Background Checks
The Pennsylvania Department of Banking and Securities, which regulates financial-services in the Commonwealth, requires a Pennsylvania State Law criminal background history check and an FBI Fingerprint Cheque for all individuals applying for fiscal services licenses including financial advisers, securities traders, mortgage lenders and brokers, and providers of check-cashing and pawnbroker services.
Pennsylvania Child Abuse History Clearance
Pennsylvania Child Protective Services regulations require three groundwork checks for all new hires at public and individual schools, child intendance facilities, and contractors serving those institutions. In addition to the Pennsylvania State Law criminal history check and FBI Criminal History Clearance, task candidates must besides submit a Pennsylvania Child Abuse History Clearance application. Required application forms may be obtained online and submitted using the state Section of Homo Services' Kid Welfare Portal or via post. All three screenings required by kid protective services must be updated every 5 years.
Pennsylvania Gun Background Check
The Pennsylvania Instant Check System (PICS) is an electronic database that enables gun dealers and law enforcement officials to cheque whether an private is legally barred from purchasing or possessing a firearm. PICS findings that might prevent a gun sale include by convictions on a multifariousness of felonies and weapons-related charges, findings of mental incompetency, and fugitive condition. (A gun background check is non part of a pre-employment groundwork check. GoodHire does not offer Pennsylvania gun background checks.)
How Far Back Does A Background Bank check Go In Pennsylvania?
Country law places no restrictions on how far back a Pennsylvania criminal background check can search, and permits employers to consider relevant convictions, no matter how old, when making a hiring decision. However, the Pennsylvania Clean Slate law, described in greater detail below, blocks public access to information for about misdemeanor criminal convictions more than 10 years old, and whatsoever arrests that didn't lead to a conviction. This means those incidents should not appear in Pennsylvania background bank check results or exist considered in hiring decisions.
Pennsylvania does not restrict how far back a Motor Vehicle Record (MVR) bank check tin can look, only violations typically remain on state driving records no more than ten years. (Even if they "fall off" a motor vehicle record, convictions for felony DUI and other motor vehicle-related felonies may stay on your criminal record permanently and will appear in criminal background checks.)
Similarly, other than in Philadelphia, where use of credit checks in pre-employment background checks is restricted (run into below), Pennsylvania does not limit how far back a credit cheque tin look. The federal Fair Credit Reporting Human action (FCRA) forbids reporting bankruptcies that are older than 10 years and paid tax liens or any collections accounts that are older than 7 years.
Pennsylvania Groundwork Bank check Laws
Pennsylvania has several country laws that limit the use of pre-employment background checks, including:
- The Pennsylvania Criminal History Record Information Act forbids public and private employers in the Commonwealth from refusing out of paw to hire persons with criminal records, and requires employers to:
- Consider only felony and misdemeanor convictions in the hiring procedure. Summary offenses and misdemeanor or felony arrests and court proceedings that did non pb to a conviction must exist disregarded.
- Assess whether any conviction uncovered in a criminal background check specifically affects the applicant's suitability for the position to which they accept applied.
- The Pennsylvania Fair-Chance Hiring law is a ban-the-box provision that forbids asking nigh criminal history on applications for public service jobs in land departments under the governor'southward say-so. The constabulary permits Pennsylvania departments to comport a criminal background bank check only after an applicant has been given a provisional job offer. An offer of employment or promotion may be rescinded based on a background check simply if the findings accept direct bearing on the task in question.
- The Pennsylvania Clean Slate police force, passed in 2018, automatically blocks data on misdemeanor criminal convictions that are ten or more years old, equally long as whatever court orders of restitution accept been met. This means those convictions cannot announced in a Pennsylvania background check or be considered as part of a hiring conclusion.
In improver to these statewide laws, many Pennsylvania cities and counties have adopted local fair hiring laws that farther restrict groundwork bank check procedures in their jurisdictions. This tin can create confusion for employers who operate in multiple locations effectually the Democracy, or who utilise remote workers living all across the state. When in doubt, employers should apply the strictest police that applies to any given locality.
Employers in Pennsylvania must also comply with the federal Fair Credit Reporting Act (FCRA). The FCRA requires employers to get permission from candidates and employees before conducting background checks, outlines the required steps for notifying candidates of groundwork check results, and requires that employers follow a ii-step adverse action process in order to give candidates an opportunity to respond to background check findings that may lead to a conclusion against hiring or promoting them.
County Resource
Allegheny County
Located in southwestern Pennsylvania, Allegheny County's 730 square miles include the city of Pittsburgh and surrounding metro surface area. Known as the historic heart of America'due south steel manufacture, the county has emerged in the 21st century as a center for healthcare, didactics and high-tech development. Information technology is the land's 2d-well-nigh populous county with one,250,578 residents.
Public Information & Records:
- Allegheny County website
- Allegheny County public and court records
Allegheny Canton has a ban-the-box law. Learn more.
Berks County
Reading, the largest urban center in Berks Canton, is famous equally the historical home to the Reading Railroad, made famous past the Monopoly game. Considered office of the Philadelphia metro area, Berks County occupies 856 square miles and has a population of 428,849.
Public Data & Records:
- Berks County website
- Berks Canton public and court records
The city of Reading has a ban-the-box constabulary. Learn more.
Bucks County
Located to the northeast of Philadelphia and bordering New Jersey to its eastward, Bucks County encompasses the suburb of Levittown, a planned customs that straddles four municipalities; Croydon, another suburb that lacks a municipal authorities; and the borough of Doylestown (the county seat). The county spans 604 square miles and is home to 646,538 people.
Public Information & Records:
- Bucks Canton website
- Bucks County public and courtroom records
Chester County
This southeastern Pennsylvania county covers 750 square miles and serves as a suburb to Philadelphia, to its east, and to Wilmington, Del., to its s. Including the civic of West Chester (the county seat) and the city of Coatesville, Chester County has a population of 534,413.
Public Information & Records:
- Chester County website
- Chester County public and court records
Cumberland County
Occupying 545 square miles to the west of Harrisburg, Cumberland County is habitation to several of the state upper-case letter'south suburbs also as the urban center of Carlisle. Cumberland County is the fastest-growing canton in Pennsylvania, with a population of 259,469.
Public Information & Records:
- Cumberland County website
- Cumberland Canton public and court records
Dauphin County
Home of Harrisburg, Pennsylvania'south capital metropolis and sixth-largest municipality, Dauphin Canton encompasses 525 foursquare miles and has a population of 286,401.
Public Data & Records:
- Dauphin County website
- Dauphin County public and court records
Delaware County
Located southwest of Philadelphia and inside its metropolitan area, Delaware Canton is habitation to 576,830 people and spans 184 square miles, comprising the townships of Upper Darby and Haverford and the metropolis of Chester.
Public Information & Records:
- Delaware County website
- Delaware County public and courtroom records
Erie County
Occupying 799 square miles in the northwestern corner of the Commonwealth, astride its namesake Neat Lake, Erie County includes the cities of Erie and Corry and has a population of 270,876.
Public Information & Records:
- Erie Canton website
- Erie County public and court records
Lackawanna County
Located in the northeastern region of the Commonwealth, Lackawanna Canton has a population of 215,896 and occupies 459 square miles. It includes the cities of Scranton and Carbondale, which takes its name from the coal mining manufacture that drove the canton's economy in the 19th century. Mining nevertheless makes upward a small portion of its economy, but today the county'due south biggest job sectors are manufacturing, healthcare, and education services.
Public Information & Records:
- Lackawanna Canton website
- Lackawanna County public and courtroom records
Lancaster County
Known the globe over as the center of "Pennsylvania Dutch Country," Lancaster County spreads across 944 foursquare miles and is habitation to 552,984 people. Aside from their popularity with tourists. The county and its seat, the city of Lancaster, also support thriving manufacturing and healthcare industries.
Public Information & Records:
- Lancaster County website
- Lancaster County public and court records
Lancaster Canton has a ban-the-box police. Learn more.
Lehigh County
Taking its name from the Lehigh River, whose valley it occupies, Lehigh County'due south 345 foursquare-mile expanse includes Pennsylvania's third-largest city, Allentown, and a portion of the city of Bethlehem, which it shares with bordering Northampton County. Montgomery County'due south population is 374,557.
Public Information & Records:
- Lehigh Canton website
- Lehigh County public and courtroom records
The cities of Allentown and Bethlehem have ban-the-box laws. Larn more than.
Luzerne Canton
Northeastern Pennsylvania's Luzerne County, which includes the cities of Wilkes-Barre and Hazleton, is an 890 square-mile area with a population of 325,594. A celebrated center of anthracite coal mining, the county became a manufacturing center in the mid-20th century and today is a major center of warehousing services.
Public Information & Records:
- Luzerne Canton website
- Luzerne County public and court records
Montgomery County
Extending beyond a 483 square-mile area, Montgomery County includes suburbs of side by side Philadelphia and part of Valley Forge National Historical Park, which commemorates the ordeal of George Washington's troops' encampment in the bitter winter of 1777-1778. Encompassing the urban center of Norristown and the townships of Abington, Lower Merion and Upper Merion, Montgomery County has a population of 856,553.
Public Information & Records:
- Montgomery County website
- Montgomery County public and court records
Montgomery County has a ban-the-box law. Learn more.
Northampton County
Spread out over 370 square miles in eastern Pennsylvania, Northampton County borders New Jersey and forms part of a metropolitan expanse comprising Easton, its county seat; Bethlehem, which lies partially within Northampton Canton and partially in neighboring Lehigh County; and Allentown, Lehigh County'southward largest city. Northampton County's population is 312,951.
Public Data & Records:
- Northampton County website
- Northampton County public and courtroom records
Northampton County and the city of Bethlehem have ban-the-box laws. Learn more.
Philadelphia County
Pennsylvania'southward most populous county and the hub of its largest metropolitan surface area, Philadelphia County had a population of 1,603,797. The canton and city of Philadelphia occupy the same 134 square-mile surface area, and share consolidated government court systems.
Public Information & Records:
- Philadelphia City/County website
- Philadelphia City/County public and court records
Philadelphia County and the city of Philadelphia accept ban-the-box laws. There is also a ban on testing many job candidates for marijuana apply. Learn more.
Westmoreland County
Located southeast of Pittsburgh and home to the towns of Murrysville, Latrobe and Greensburg (the canton seat), Westmoreland County is believed to have more than 100 abandoned coal mines across its 1,028 square-mile surface area. Remnants of the county's office in the rise of the Pennsylvania steel industry, their economic part in the 21st century is filled by industries including wellness care and social services, manufacturing, and retail. Westmoreland County's population is 354,663.
Public Information & Records:
- Westmoreland County website
- Westmoreland County public and courtroom records
York County
Occupying 904 square miles in Due south-central Pennsylvania's Susquehanna River valley, York County has a population of 456,438. York County is sometimes called the Snack Food Capital of the World, as home to five major snack nutrient bakeries, including Snyder'southward of Hanover, Martin'southward Snacks and Stauffer Biscuit Company, originator of creature crackers.
Public Data & Records:
- York County website
- York Canton court and court records
The city of York has a ban-the-box law. Larn more.
Get A Pennsylvania Background Check With GoodHire
Background checks are vital to the hiring practices and public welfare policies of private and public employers across Pennsylvania. Compliance with FCRA, and fair chance hiring and ban-the-box laws throughout the Republic, can exist daunting for both minor businesses and big companies alike as the consequences of compliance mistakes can exist costly.
Pennsylvania employers tin can proceeds peace of listen by using a tertiary-party groundwork cheque provider, like GoodHire. GoodHire offers FCRA-compliant background bank check services with an like shooting fish in a barrel-to-use online platform that simplifies the process for both hiring managers and job candidates. Our built-in compliance features automate key steps such as background cheque review workflows and initiating adverse activity. GoodHire's in-house compliance team is also available to answer your questions.
Disclaimer
The resource provided here are for educational purposes only and do not constitute legal advice. We advise yous to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws.
What Type Of Background Checks Are Done For Employment In Pennsylvania,
Source: https://www.goodhire.com/background-checks/pennsylvania/
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