Third Circuit Finds Pennsylvania’s Criminal Records Law Applies to Self-Disclosures

Employers hiring in Pennsylvania should take note of a recent court ruling from the U.S. Court of Appeals for the Third Circuit. This ruling analyzed language from Pennsylvania’s Criminal History Record Information Act (CHRIA) in relation to self-disclosed criminal history information.

The plaintiff in this case applied to drive for a transportation company. According to the court’s opinion, he possessed a commercial driver’s license, had relevant experience, and had federal clearance to access secure ports. During the hiring process, the plaintiff disclosed a 15-year-old armed robbery conviction and was immediately told by the employer that he would not be hired due to that prior conviction. The plaintiff then filed suit alleging the employer violated the CHRIA.

Before we dive into the opinion, here is a reminder of what the CHRIA says with respect to employment:

§ 9125. Use of records for employment.

• (a) General rule. Whenever an employer is in receipt of information which is part of an employment applicant's criminal history record information file, it may use that information for the purpose of deciding whether or not to hire the applicant, only in accordance with this section.
• (b) Use of information. Felony and misdemeanor convictions may be considered by the employer only to the extent to which they relate to the applicant's suitability for employment in the position for which he has applied.
• (c) Notice. The employer shall notify in writing the applicant if the decision not to hire the applicant is based in whole or in part on criminal history record information.

The primary issue at hand is subsection (a). The District Court determined that the CHRIA did not apply since the employer learned of the conviction from the individual, and not the state.

Upon appeal, the Third Circuit analyzed whether the law applied to the employer given where the criminal record information came from. The Third Circuit determined the language should be interpreted to apply to more than just the state agency’s files and includes self-disclosed criminal record information. Based on this interpretation, the Third Circuit reversed the District Court’s opinion and remanded the case for further review.

We often focus on recently passed fair chance laws and how they impact the use of criminal record information. However, it’s important for employers to remember other long-standing laws that may exist at the state level, such as Pennsylvania’s CHRIA, to ensure that their use of criminal records in employment decisions complies with applicable law.