Employee Criminal History is the Subject of Amended Pennsylvania Laws

new Pennsylvania act clarifies that when an individual voluntarily discloses an expunged criminal record to their employer, the employer is immune from liability for any claim relating to the effects of the expunged record. For example, the employer will not be held liable in a lawsuit claiming the employer acted negligently for hiring the employee after learning of their expunged record. The act is effective February 12, 2024.

Additionally, Philadelphia has amended its “Fair Criminal Record Screening Standards” ordinance to add provisions regarding the consideration of convictions that result in exoneration. Under the amended ordinance, it is now an unlawful discriminatory practice for a City agency or private employer to reject an applicant or employee based on a conviction that resulted in exoneration. The amended ordinance is effective January 19, 2024.