If you have a criminal record, sealing or expunging that record is one of the best ways to improve your chances of getting a job. In Philadelphia, those benefits go even further. Thanks to new and improved Philadelphia law, people who seal or expunge their records are given extra protection and freedom when an employment-related background check is performed. The city updated these laws to provide protections for record holders, and limits the ways that employers can use background checks.

In this post, we’ll explain how record clearance works in Pennsylvania, what makes Philadelphia’s system unique, and how the city’s updated protections help make sure that a cleared record really means a fresh start.

Understanding the Impact of Record Clearance on Background Checks

When someone clears their record, it changes how that record can be accessed or used in the future. A sealed or expunged record limits access to that record by most employers, landlords, and schools that run background checks. This gives people a real chance to rebuild their lives. One of the big benefits of clearing a record is how that interacts with background checks.

Federal and State Background Checks

If you apply for a new job, your potential employer can run a background check on you to view your criminal records, work history, credit score, and other history. The Fair Credit Reporting Act governs background checks in the United States. This federal law limits how background information can be collected and used. It applies to credit reports, employment screenings, and criminal history checks. 

While any employer can run a background check, some employers are legally required to run background checks. There are different state and federal rules that determine whether or not you have to get a background check before you can be hired for certain jobs. If a background check is required by federal law, a federal background check is performed. These are more thorough than other types of background checks. Background checks are used in many situations, and having a criminal record affects them all.

Record Clearance, in Philadelphia Law and Beyond

Pennsylvania offers several types of record clearance, including expungement, sealing, and pardons. All of these options limit who can view your record. Expungement completely removes a record from public access. Sealing a record can prevent employers and landlords from accessing your record, but it may still appear on federal background checks.

Eligibility for record clearance depends on a few important details, such as:

• how many charges or convictions appear on your record
• the nature of the charges or convictions
• how long it has been since your last conviction or sentence

There are many benefits that come with record clearance. Employment is especially affected by record clearance. People’s chances of employment and earnings both increase significantly after a person clears their record.

The Intersection of Clearance and Background Checks

Because record clearance limits access, it’s less likely for a sealed or expunged record to show up on a background check. Once you seal or expunge a record it becomes much harder, and sometimes impossible, for the public to see it. The Fair Credit Reporting Act also provides clear guidelines for using criminal record information and penalties for misuse of that information. 

Even with these protections, however, there are still gaps. The penalties for employers or companies who misuse information are technical and can take a while to resolve. Also, employers are allowed to consider criminal records when deciding whether or not to give a job offer, and convictions show up on a record indefinitely. Recognizing these gaps and other places that could use strengthening, Philadelphia law now provides extra protections and safeguards.

Philadelphia and Revised Employment Laws

Over the past year, Philadelphia lawmakers strengthened existing “Fair Criminal Record Screening Standards” to make sure that criminal records are not used against someone unfairly, and that cleared records truly stay private. These new protections are some of the broadest in the nation available for job applicants. These laws, and the penalties that come with them, make record clearance even more effective. 

Understanding the Law

Philadelphia law doesn't override federal law, but it does provide extra protections for things federal law does not regulate. Under the city’s updated Fair Chance Hiring ordinance, employers must follow strict steps before using a criminal record to make a hiring decision. They are also subject to quicker and more specific penalties for violating these rules.

Under these new laws, an employer can only consider a record if it directly relates to the job duties. If it has been at least four years since a person’s misdemeanor conviction or a person has a summary conviction, an employer is not supposed to consider it.  Employers have to carefully consider criminal history and attempts at rehabilitation before denying someone a job. They have to show that the person’s criminal record directly relates to the job role, and that they considered rehabilitation before denying the person for a job. 

Philadelphia law also bans employers from considering sealed or expunged records to determine whether or not someone gets a job. This means that even if a cleared record wrongly shows up on a background check, the prospective employer cannot use it when deciding whether or not to hire you. People in Philadelphia have more protections than those provided throughout the rest of Pennsylvania. These local laws give residents a stronger safety net, making sure that once you clear your record it stays clear during a background check.

Penalties for Violating Philadelphia Law

Philadelphia not only created stricter rules around background checks in employment, but they also made impose penalties for people who break these rules. Employers who break the law can face serious penalties, including fines and requirements to cover the applicant’s attorney fees associated with a hiring decision challenge. 

This provides two types of protection. First, it makes sure that people have a way to make things right if their record is misused. Even if the Fair Credit Reporting Act does not apply, local institutions can enforce this. Second, it ensures that employers are careful when hiring people, which means they are more likely to consider someone with a criminal record. 

Moving Forward With More Protections

By going beyond state and federal requirements, Philadelphia has created one of the broadest systems for protecting people with criminal records. Employers have to think carefully before rejecting an applicant, and people who have sealed or expunged their records can apply for jobs knowing the law is on their side. 

If you’re ready to move forward with record clearance, we can help. Click here to use our easy online eligibility tool to find out what is on your record and what your record clearance options are.. Our team makes the record clearance process simple, affordable, and accessible online, so you can clear your record and apply for jobs with confidence.