Pardon Process in Pennsylvania

KNOW YOUR RIGHTS

• when you’re applying for a job with a criminal record

  IN PHILADELPHIA

  

• It is illegal for employers to ask about your criminal background on applications or during a job interview 

• Employers can’t run your background check until after they offer you the job 

• Employers can’t take back a job offer based on: 

• arrests that didn’t lead to a conviction 

• convictions that are 7 years old or older 

• Employers can’t automatically reject you just because you have a more recent conviction (less than 7 years old).

They must consider:  the type of offense  how much time has passed  whether the conviction is related to the job you’re applying for  what you’ve done since the conviction  your references 

If you’re rejected because you have a record, you still have rights: 

• Employers must notify you in writing and give you a copy of your background report 

• You have 10 days to explain your record, show that it is wrong, or show that you’ve rehabilitated yourself

• OUTSIDE OF PHILADELPHIA

   Employers can’t consider arrests, juvenile adjudications, and summary offenses.  Employers can’t automatically reject you because you have a conviction. They must consider whether the conviction affects your suitability for the job, based on  the type of offense  how much time has passed  whether you’ve succeeded in similar jobs in the past  If the employer wants to use a credit reporting agency to run your background check:  you have a right to know that the employer is going to obtain your credit report  you have a right to know if information in your file will be used against you  If you’re rejected because of your record, the employer must tell you in writing why you were denied the job.  If the job is in Pittsburgh, Allentown, Lancaster, or Reading, you may have additional rights under local laws.

• IF YOU ARE TOLD YOU NEED A “CLEAN RECORD” TO APPLY FOR A JOB

   In some fields, there are laws that restrict people with certain offenses from certain positions in places like schools, child care centers, and nursing homes.  But even employers in restricted fields can’t reject an applicant just because their record isn’t “clean.” Ask a lawyer if you think your conviction shouldn’t disqualify you from the job.
  

  CONTACT

  : 1709 Benjamin Franklin Parkway, 2nd Floor, Philadelphia PA 215-637-7100,

  www.pubintlaw.org

Program Description:

For decades, Pennsylvania has been among the most heavily incarcerated states in the country. In 2017, it had more people under carceral control (probation and parole) than lived in the city of Pittsburgh. 

After they have completed their sentences, these hundreds of thousands of Pennsylvanians will have a criminal record that will make it impossible for them to get the jobs, careers, credit, housing, training, education, and other benefits for which they are qualified.  In April 2020, The Economy League issued a path-breaking report calling pardons a "no-cost workforce development and community investment program," and Pennsylvania's Secretary of Labor and Industry called for making pardons available to more people more quickly, as an essential component of making the state's workforce competitive in a global market.

Today, the Board of Pardons is approving over 80% of the applications for pardons that it hears.