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Pennsylvania Background Check

If you're planning to hire new employees to your Pennsylvania firm, it's the right time to look at your options for conducting background checks.

The hiring process involves the review of the applications, conducting an interview, and then deciding whether to offer an extension; among the most crucial actions is to conduct background checks.



Pennsylvania Background Check


Conducting a background check on a potential candidate will provide more information about hiring the person. For example, you can confirm their identity, look up past employment records, confirm their educational background, and verify the background of their criminal record to ensure that you're hiring only the most qualified candidate to do the job.

At The Koleman Group LLC, we perform hundreds of background checks for Pennsylvania companies every month. As a result, we are well-versed in the specific rules and regulations governing the screening process in the state.

Learn the essentials of conducting a Pennsylvania background check with this comprehensive guide so that you can run background checks on your applicants for jobs.

Pennsylvania Background Check Laws

The most crucial element of conducting the background check for employment is knowing your state's particular background check laws. For Pennsylvania, the laws are quite extensive; however, we've laid them out for you below.

The first law that must be adhered to when conducting a PA background check on a prospective employee is the Fair Credit Reporting Act (FCRA). Per this law, employers are required to inform the candidate of the intention of the company to conduct a background check if utilizing a third party for the screening.

The notification should include the contact details of the background screening firm where the report will be conducted.

After you have completed the background check report, employers must care when reviewing the information gathered.

Background Information for Criminal Background Information

In assessing the criminal history when evaluating a candidate's criminal history, the Pennsylvania employer can only consider criminal convictions for misdemeanor and felony in a sense they pertain to the viability of employment.

This means that you should decide not to hire someone if the offense they committed was directly related to their capability to do the task under consideration.

Pennsylvania additionally has the smaller type of offense known in the state of "summary violations." A cautious reading of 18 Pennsylvania. Cons. Stat. Ann. 9125 suggests that employers in Pennsylvania should not look into summary violations in connection with their job applications.

Credit Data

The law in Philadelphia, PA, as of July 1, 2017, as per Philadelphia Code, SS9-1130 it's usually unlawful for employers to collect or use credit data in connection with employment termination, discharge, tenure promotions or discipline, or any other conditions of employment.

That means in Philadelphia, and employers cannot examine a candidate's credit history to determine a candidate's job status.

Past Salary Laws

Although PA background checks consist of several checks and verifications, they don't provide the salary history of previous employees. But, this information could still be discovered in the process of interviewing. In April of this year, the federal court on the issue of Chamber of Commerce v. The City of Philadelphia, case number. 17-1548, decided that the city had no right to prohibit employers from asking questions about their salary history. However, employers were not barred from using information about the previous salary to justify the lowest salary.

To avoid lawsuits, it's a good practice not to collect any salary data from previous years.

In the same way, the employers of Pittsburgh are not permitted to inquire about an applicant's wage history until the offer to work has been issued, as per the Article XI Chapter SS181.13 of the City Code.

As of April 23, 2017, and effective on May 23, 2017, Philadelphia employers are not permitted to request or inquire about the information about the wages of prospective employees. In addition, employers are prohibited from using the wages of an employee who is a candidate from a previous or current employer to determine the wage for the candidate in question. This law is applicable at any point in the hiring process, even when conducting background checks.

The regulations have been put to protect employees and give employers the only details to make the right hiring choices.

Abrupt Action

After you have reviewed the applicant's background check, you must decide if or not you'll proceed with hiring them.

If you decide that you would not like to work with the candidate based upon the information contained within the background check report, you must comply with the FCRA's guidelines for the adverse action.

By the FCRA, If an employer decides they are not going to employ a candidate based on information discovered in the background screening process, they have to take the following steps.

Send a pre-adverse actions letter to the applicant informing that you intend to decline their application in light of your background check report;

It is advisable to wait a certain period before writing an official letter, giving the candidate enough time to read their work and correct any errors.

If you decide not to hire the applicant due to your background check report, send the candidate an official letter of adverse action that explains your choice.

To ensure that you comply with the PA background check laws, look into partnering with a trustworthy 3rd-party background check company, The Koleman Group LLC.

We are knowledgeable about the regulations and can ensure that you comply throughout your process.

Pennsylvania History Check Laws for Schools

According to Pennsylvania legislation, students, teacher candidates, public and private schools, and independent contractors who contract with schools must go through pre-employment background checks, particularly if their jobs require interaction with students. In addition, applicants must go through a thorough review of their work histories.

The mandatory background check reports for applicants contain the following information:

  • The history of child abuse is available from The Pennsylvania Department of Human Services
  • Criminal record check at Pennsylvania State Police Pennsylvania State Police
  • Criminal history check for Federal law enforcement

We are The Koleman Group LLC; we have access to reports from all of these resources for universities and businesses that have contracts with them.

How to do a Pennsylvania Background Check

When you are familiar with the regulations and laws for Pennsylvania, then it's time to conduct a background check on your potential candidate.

It is crucial to have a background check policy to guarantee a uniform procedure throughout your business. In addition, the policy must be legal and in line with the laws of each state for conducting background checks.

After the policy has been put in place, you can select an independent background check company to partner with for all needs in screening. Companies like The Koleman Group LLC can assure that the process will run smoothly for both you and your potential candidates.

If you decide to collect the background information yourself, there are options for conducting the background check on a potential employee within PA.

If you're looking for no-cost background check services in PA, there is a chance that you will find certain services on the internet, but you'll need to make sure they comply with all FCRA as well as state laws and make sure there are no hidden charges. Unfortunately, many free services result in higher costs due to inaccurate information.

In Pennsylvania, the Pennsylvania State Police are responsible for maintaining an official database of criminal records. Through the PSP, both individuals and businesses can request criminal histories via the internet or mail.

If you decide to make this choice, your information is not likely to be comprehensive. The repository of the state only contains the data stored by the repository and may not contain information from other agencies of the criminal justice system within the state. The repository also doesn't include the information of federal or out-of-state convictions or criminal offenses. Therefore, if you decide to utilize the PSP criminal record test, you won't receive any relevant information on the applicant's educational or work background.

The background information provided by The Koleman Group LLC is current, reliable, and complete. In addition, our background checks before employment contain conviction records from other states and the federal government, and within Pennsylvania.

We can also provide proof of your prospective applicants' work history and educational qualifications, as well as other kinds of background reports.

We recognize the importance of complying with the whole process. This is why we offer inexpensive background check packages with time frames of between one and two days.

What is displayed in a background check for a Pennsylvania?

When you conduct a background check on a potential employee, you gain important information regarding the individual and their past. This includes:

  • ID verification It is possible to verify that the person applying for credit is the person they claim to be.
  • Education and employment verification You can verify that the applicant has the previous expertise required to complete the job effectively.
  • Criminal record: you can know the criminal history of your candidate and verify that they aren't on any lists of registered offenders.

What is revealed on the Pennsylvania background check helps you make the right hiring choice for your business.

While not all applicants need to undergo a background check, certain clearances are required for certain jobs, such as educational positions. For an area, one is required to obtain the Department of Human Services Child Abuse History Clearance, along with a federal and state criminal record screening.

How Long Does a Background Check go to PA?

In normal circumstances in standard cases, a background check report cannot include any arrest records which did not lead to an arrest that is more than seven years of age.

However, for jobs that offer an annual pay of more than $75,000 per year, The FCRA restrictions are not applicable, and background checks are not required. A background check can report back for more than seven years.

There aren't any restrictions regarding convictions. Any convictions, regardless of when they were made, are recorded according to guidelines of the FCRA guidelines.

However, employers in Philadelphia are subject to restrictions. Philadelphia has to adhere to limitations on using criminal record information in hiring anyone in the city. Employers covered by the law can only take into consideration convictions that occurred within the past seven years [from the date of dissolution or release from confinement, whichever comes earlier], and they may not take into consideration non-convictions, regardless of the time they took place.

The Koleman Group LLC is your trusted partner in the field of Compliant PA Background Checks.

It is a vital aspect of expanding your business. We appreciate the amount of consideration and care that goes into the hiring process, including conducting background checks on every potential applicant. This is why we provide Pennsylvania background check for companies that is easy to complete, fast and affordable.

The Koleman Group LLC provides a range of background check packages for employment that will only cost you the information you require. We also offer other useful services that you can use in the process of hiring, including medical screening and drug testing.

Contact us today to learn more about our full background check services and arrange a no-cost appointment, no obligation.

Disclaimer: The information and resources offered on this site are intended for educational use only and are not legal advice. Talk to your lawyer for legal concerns regarding your particular practices and compliance with applicable laws.

Updated on 2022-06-07 21:33:49 by larry coleman

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