By Alex Taylor, October 10, 2023

ProbityPeople

In Pennsylvania, employers often face two crucial questions regarding criminal background checks: how many years back do these checks go, and how long are they considered valid? Understanding the legal landscape surrounding background checks is vital for both employers and potential employees.

Understanding the Lookback Period for Criminal Background Checks

When it comes to criminal background checks, states across the U.S. implement varying laws regarding how far back these checks can look into an individual’s history. In some jurisdictions, employers are restricted from considering any felonies or misdemeanors that occurred more than seven years ago. However, Pennsylvania does not impose such limitations. As of now, there are no laws or regulations in place that define a lookback period for criminal history checks in the state.

This means that employers in Pennsylvania could technically evaluate felonies and misdemeanors irrespective of how old the convictions are. However, the law does establish that employers must consider how relevant a past conviction is in relation to the applicant’s potential role within the company. For instance, an employer should weigh the nature of the offense and whether it has any bearing on the responsibilities tied to the position being applied for.

For example, consider a candidate applying for a financial management role who has a history of embezzlement from a prior job. This conviction is notably relevant, irrespective of its timeline, compared to someone with an infraction for a minor drug offense a decade ago who has no further convictions and may now be a model employee.

Validity of Background Check Reports

The second consideration for employers is determining the validity of criminal background checks. A report represents a snapshot of a person’s criminal history at a given time. This can lead to significant issues if a thorough check is done today but is not updated. For instance, if you conduct a background check on a potential employee today and they are arrested for a serious offense, such as murder, the next day, you would not be aware of this new development unless repeat checks are regularly performed.

For businesses, establishing a policy for conducting routine re-checks on their employees is essential. Depending on the nature of the business and the risks inherent in particular roles, these could take place annually, bi-annually, or even every few years. Particularly in industries with regulatory compliance or public safety concerns, frequent re-checks can be crucial in maintaining a safe and trustworthy work environment.

One way to facilitate ongoing monitoring is through subscription services that automatically check for updates on an employee’s record. For instance, you might utilize a service that queries databases on a monthly basis. If a new warrant, charge, conviction, or registration arises, the service will alert you immediately. Furthermore, you can consider running a new Pennsylvania state criminal background check on specific employees whenever necessary, which ensures your records are current and accurate.

Importance of Establishing a Criminal Background Check Policy

Creating a robust criminal background check policy is vital for employers. Such a policy should not only outline the scope and frequency of background checks but also delineate the types of offenses that are considered relevant to employment decisions. This approach can help employers mitigate potential legal risks that arise from negligent hiring practices. Employers must keep in mind that while they have a right to ensure workplace safety and integrity, they must also adhere to laws protecting candidates against discrimination.

A well-structured background check policy should include clear protocols regarding how information is utilized. Employers should utilize findings prudently, ensuring that no hiring decisions are made solely based on historic offenses that have no bearing on current job performance. The policy should be constructed with an emphasis on fairness and transparency, allowing applicants to understand how their background information will be assessed.

Final Thoughts

In conclusion, understanding the intricacies of criminal background checks in Pennsylvania is essential for both employers and applicants. Employers should be aware that while they have the latitude to consider older offenses, it is often prudent to focus on the relevance of a conviction concerning the role’s requirements. Additionally, regularly updating background checks can serve as a critical strategy to ensure that an organization’s workforce maintains the integrity and reliability needed for success.

If you are looking for more information on reliable background checks, consider exploring the offerings at ProbityPeople, where you can find various solutions tailored to your needs.

Disclaimer: The information provided in this article is for educational purposes only and should not be construed as legal advice. Employers must consult with a legal professional to ensure compliance with local laws and regulations regarding background checks.