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February 12, 2024
Effective today, February 12, 2024, Pennsylvania law has been amended to require the expungement of certain criminal record information and to provide for immunity when employers hire individuals with expunged records.
The new law immunizes employers from liability for any claim relating to the lawful use of criminal history record information when an applicant voluntarily discloses an expunged or limited access record (i.e., a sealed record).
The law also extends the availability of automatic expungements to persons who have been granted an unconditional pardon for an offense in accordance with law.
Furthermore, the law expands eligibility for limited access status. Now, certain individuals who are free from conviction for seven years (previously, the threshold was ten years) can petition for limited access of criminal history record information for certain offenses.
Employers in Pennsylvania should update their background check policies and procedures in compliance with the new law to address situations in which an applicant discloses a record that has been expunged, pardoned, or granted limited access.
*Special thanks to Ava Petrellese, our Paralegal, for her contributions to this article.
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
