Background Check in PA: Your Guide to Background Checks in Pennsylvania

Lily Evans - December 7, 2024

Think of a background check like a puzzle — it’s only as good as the pieces you used to build it. The rules in Pennsylvania differ from those in other states, making it crucial to understand the specific requirements before starting your search. 

Conducting background checks can be intimidating, especially when dealing with complex laws and regulations. That’s why we’re here to help you gather the right information and stay compliant with local and federal laws. 

This comprehensive guide will cover everything you need to know about conducting efficient and cost-effective background checks in Pennsylvania. From understanding the different background checks available to navigating PA’s unique laws and regulations (such as the Pennsylvania Background Investigation Act), we’ve got you covered.

Types of Background Checks in Pennsylvania

When it comes to background checks in Pennsylvania, one size doesn’t fit all. Depending on the situation, like hiring, finding a tenant, or buying a gun, you need different checks to follow state rules and safety standards. 

Let’s break down the most common types of background checks you’ll encounter in PA:

Criminal Background Checks

Criminal background checks are among the most requested checks, especially for employers looking to ensure a safe work environment. They involve reviewing a person’s criminal history, including arrests, convictions, and pending charges. Pennsylvania law requires specific authorization for certain industries, especially when working with vulnerable populations.

FBI Background Checks

An FBI background check goes beyond state borders, pulling data from national databases to uncover any criminal activity outside Pennsylvania. This is often mandatory for positions requiring high security, such as federal jobs or those involving children.

Motor Vehicle Record (MVR) Checks

If the position involves driving — whether for delivery, transportation, or other reasons — employers will likely request an MVR check. This report highlights driving-related offenses, license suspensions, and other relevant driving history.

Employment Verification

Ensuring candidates have the experience they claim is vital for hiring the right one. Employment verification confirms previous job roles, dates of employment, and sometimes reasons for leaving, helping employers avoid fraudulent claims.

Education Verification

Education verification confirms the accuracy of the credentials listed on a resume in roles that require specific degrees or certifications. This check can be vital for employers hiring in law, medicine, or academia.

Professional Reference Checks

Beyond just confirming employment history, reference checks provide deeper insight into an individual’s character and work ethic. Employers reach out to listed references for feedback on performance, skills, and professional conduct.

Civil Court Checks

Civil court checks reveal non-criminal disputes an individual has been involved in, such as lawsuits, bankruptcy filings, or restraining orders. This information may be relevant for certain job positions or business dealings.

Child Abuse History Clearance

This background check is necessary for jobs involving children to review whether an individual has been named in a child abuse investigation. This is often mandatory in Pennsylvania for educators, daycare workers, and healthcare professionals working with minors.

Gun Purchase Background Checks

In Pennsylvania, background checks are required in roles that may demand carrying or using firearms. This check includes a review of criminal history, mental health records, and other disqualifying factors to ensure safe gun ownership under federal and state laws.

Laws Governing Background Checks in Pennsylvania

A mix of state-specific laws and federal regulations shapes Pennsylvania’s background checks, each with unique nuances that employers and job seekers need to understand. Here’s a breakdown of the major laws:

Criminal History Record Information Act (CHRIA)

CHRIA is a key Pennsylvania law regulating the use of criminal records in employment decisions. Employers can only consider convictions directly related to the job in question. 

The law prohibits using arrests that did not result in convictions against an applicant. It also ensures that applicants aren’t unfairly penalized for unrelated offenses or past mistakes that have no bearing on their current qualifications.

Fair Credit Reporting Act (FCRA)

The FCRA is a federal law that applies nationwide, including in Pennsylvania. It sets the rules for employers’ use of background checks for employment. Under the FCRA, employers must get written permission from the candidate before conducting a background check. 

If the employer takes adverse action (like rejecting a job application) based on the report, they must inform the candidate. They must also provide the applicant with a copy of the report and a summary of their rights.

Ban-the-Box Legislation

In 2016, Pennsylvania joined several other states by enacting its “ban-the-box” legislation. This law restricts when and how employers can ask about an applicant’s criminal history during the hiring process. 

This law prohibits employers in PA from asking about an applicant’s criminal record on their initial job application unless it’s directly related to the job requirements. This means that applicants get a fair chance at being considered for a position based on their qualifications alone, with no preconceived notions about their past.

Clean Slate Law

Pennsylvania’s Clean Slate Law allows for sealing certain criminal records after a while, making them inaccessible to employers. If an individual hasn’t committed additional offenses, the Clean Slate Law automatically seals non-violent misdemeanor convictions after ten years. 

This gives people a second chance at employment by preventing old mistakes from holding them back indefinitely. Unlike federal law, which has no equivalent provision, this law is unique to Pennsylvania.

Child Protective Services Law (CPSL)

For jobs involving minors, Pennsylvania’s CPSL mandates employers conduct specific background checks, including the Child Abuse History Clearance. This law ensures that employers do not employ individuals with a history of child abuse in roles where they could harm vulnerable children.

Understanding these laws is crucial for both employers and job seekers in Pennsylvania. It ensures compliance and fair treatment during the hiring process.

How to Conduct a Background Check in Pennsylvania

Conducting a background check in Pennsylvania depends on the type of information you need and how much you’re willing to spend. There are two main approaches: using third-party services or doing it yourself (DIY).

Third-Party Services

Hiring a third-party background check provider, like us at CheckPeople, is the easiest option, especially for businesses. These companies handle everything from gathering data to ensuring compliance with state and federal laws like CHRIA and FCRA. 

They typically offer different packages based on your needs, such as criminal history, employment verification, or even more specific checks like motor vehicle records. Costs can vary depending on the depth of the check, but it’s often worth it for the convenience and compliance assurance.

DIY Background Checks

Those who want to save on costs or handle things directly can opt for a DIY background check. This approach demands additional effort but is highly effective. 

Before starting, seek written consent from the individual, as required by both state and federal law. From there, you can:

• Use Free Resources: Pennsylvania’s online court system (UJS Portal) and other free public databases can help you search for criminal records.
• Combine Free and Paid Tools: These will help you get a more comprehensive view. While public records are accessible, more detailed checks (e.g., federal crimes or in-depth employment verification) might require paid services.

A Word of Advice: Consider your budget when deciding between different tools and services. While DIY methods can be cheaper upfront, the time and effort involved may balance out the cost savings. Regardless of your approach, always stay compliant with local laws to avoid legal issues.

Cost of Background Checks in Pennsylvania

The cost of background checks in Pennsylvania can fluctuate significantly depending on various factors. Key influences include:

1. Scope of the Check: Basic checks (e.g., criminal records) are less expensive than comprehensive ones (e.g., employment and education verification), requiring more resources.
2. Provider Choice: Different companies offer varying pricing structures, with reputable providers often charging higher fees for more thorough services.
3. Volume of Checks: Bulk orders may qualify for discounts, reducing the per-check cost.

Our Tip: To save costs, consider using state databases like PATCH for criminal checks and public records lookups. Also, opt for basic screenings whenever possible.

Background Checks Don’t Have to Be Overwhelming

Conducting background checks might seem daunting, but they become an essential tool for making informed decisions when done responsibly. Ensuring you follow the proper steps will help you avoid legal pitfalls and promote fairness in the hiring process.

First, always get informed consent. Before starting a background check, you need written permission from the individual, as required by laws like the FCRA and CHRIA. Clearly explain what information will be checked and how it will be used. Being upfront helps maintain trust and transparency throughout the process.

Next, focus on accuracy. Verifying the details you find is crucial. Double-check sources, whether using public databases or third-party services, to avoid errors that could harm someone’s reputation or your business. Take the time to verify facts in order to prevent unfair decisions based on incorrect information.

If you’re unsure of anything, seek professional advice. Laws around background checks can be complex, and working with legal counsel or a compliance expert can make sure you’re on the right path. Remember, background checks are there to protect both employers and employees, so approach them with care.

With the right mindset and tools, conducting background checks doesn’t have to be overwhelming. By following legal guidelines and maintaining a fair, transparent process, you can make informed, responsible decisions that benefit everyone involved.