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State legislators passed a law which clarifies what information will be made unavailable once a record is expunged and creates certain protections for employers.

House Bill 689

Pennsylvania’s House Bill 689 (HB689) begins by clarifying what types of information will no longer be publicly available after a record is expunged. It says the following will be sealed:

• Data about arrests, indictments or other anything else relating to the initiation of criminal proceedings if:
  • Three years have passed since the date of the arrest;
  • There is no disposition in the record;
  • Nothing in the record indicates any further proceedings are pending.
• All the details about a conviction, arrest, indictment and proceedings which lead up to those events.

However, information regarding a conviction, non-conviction, arrest, indictment or any proceedings before those events can be made available on a limited basis following a court order.

Expunction Opportunities

Pennsylvania’s law clarifies that the following records are typically eligible to be expunged:

• Those that do not have a disposition for 18 months after the arrest. The court that heard the case must verify this is true for expunction to be authorized.
• Arrests which did not result in a conviction.
• Convictions that were pardoned.
• Under certain circumstances, offenses for which the person was later acquitted.
• Lower-level criminal records if the individual has not had another offense for at least seven years.

Immunity For Employers

HB689 also creates protections for employers that hire someone who has an expunged criminal record. It says the organization “shall be immune from liability for any claim arising out of the misconduct of the individual, if the misconduct relates to the portion of the criminal history record that has been expunged or provided limited access.”

Therefore, if an applicant voluntarily informs a potential employer about their criminal record, then the employer will be immune from any liability regarding a claim which is related to their lawful use or consideration of the record.

When Records Are Expunged

Once a record is expunged, it can no longer be considered by employers or other entities that make decisions about consumers. The person who held the record may act as if it never occurred.

To help avoid reviewing records that should not be considered, employer can opt to work with a Consumer Reporting Agency (CRA) which is accredited by the Professional Background Screening Association (PBSA). To earn accreditation, CRAs must demonstrate that they take reasonable steps to ensure the background checks they provide only contain current, accurate and reportable data. These reports can be used to help hiring managers make informed decisions and maintain safe workplaces.

If Your Organization Background Checks

When your business is bringing on employees, volunteers or contractors, please contact us. Backgrounds Online is an accredited CRA with a highly trained staff. As a service-first company, we take the time to learn about your hiring needs and help you overcome any challenges.

Our team can help you customize screening packages that meet your specific needs as well as comply with applicable laws and industry regulations. We are available to assist you Monday through Friday from 5am to 6pm PT.