Pennsylvania Background Check Laws: What Employers Must Know

Pennsylvania's Criminal History Record Information Act (CHRIA)

Pennsylvania's primary background screening law is the Criminal History Record Information Act (CHRIA). It governs how criminal history information can be used in employment decisions and imposes requirements beyond the federal FCRA.

Key CHRIA Requirements

Limitations on What Can Be Considered

Under CHRIA, employers can only consider felony and misdemeanor convictions that directly relate to the position for which the person is applying. This is a meaningful restriction — it's not enough that someone has a criminal record; the conviction must be relevant to the specific job.

For example, a 10-year-old shoplifting misdemeanor conviction typically should not be used to disqualify someone from a warehouse position with no financial responsibility.

Prohibited Inquiries

CHRIA prohibits employers from asking about or considering:

• Charges that were dismissed, withdrawn, or resulted in acquittal
• Convictions for which the individual has received a pardon
• Juvenile adjudications

Required Notice

If CHRIA information is used to disqualify an applicant, Pennsylvania law requires that the applicant be notified of this decision.

Philadelphia's Additional Requirements

Philadelphia has enacted its own fair chance hiring ordinance — the Fair Criminal Records Screening Standards (Ban the Box) — which applies to employers with 10 or more employees. Philadelphia employers cannot ask about criminal history until after a conditional offer of employment. If criminal history leads to withdrawal of the offer, a detailed adverse action process is required.

Healthcare and School Employment

Pennsylvania has specific mandatory background check requirements for certain industries:

Healthcare workers: Under the Older Adults Protective Services Act (OAPSA), employees who have direct contact with older adults must undergo a criminal background check. Certain convictions are disqualifying.

School employees: The Public School Code and Child Protective Services Law require background checks for all employees in contact with children, including a Pennsylvania State Police criminal history check, FBI fingerprint check, and child abuse history clearance.

Drug Testing

Pennsylvania does not have a state law requiring or specifically regulating drug testing for private employers. Drug testing programs must comply with federal requirements for regulated industries (DOT, etc.) and should be governed by a clear written policy.

Best Practices for Pennsylvania Employers

1. Review CHRIA requirements before using any criminal conviction in a hiring decision
2. Ensure your background check authorization forms comply with both FCRA and Pennsylvania law
3. Philadelphia employers: remove criminal history questions from applications entirely
4. Industry-specific employers: confirm mandatory check requirements for your sector
5. Document every hiring decision where criminal history was considered

Do It Right Screening is based in Newtown, PA and understands Pennsylvania's specific requirements. Contact us for a compliant screening program built for PA employers.