What Does A Criminal Record Actually Hold You Back From?

What Does Criminal Record Actually Hold You Back From?

As a widely accepted expert on the use/clearing of criminal records in Pennsylvania, I would like to utilize this platform to address several misconceptions when it comes to exactly how one’s criminal record can potentially impact their life in the Commonwealth of Pennsylvania. While the imposition of a conviction rightfully is supposed to deter the incidence of future crime, having a record does not have to constitute the end of one’s life. I could easily write a book on this subject; however, let’s consider this piece as Part 1 of a series of articles that I plan to write on this topic. That said, let’s discuss a one area where you can be better positioned to challenge an instance where your criminal record may be unlawfully used against you.

Employment

When it comes to employment, Pennsylvania dictates that employers are only allowed to consider misdemeanor and felony convictions (Not summary offenses, arrests or charges that did not result in a conviction) to the extent that the conviction relates to the position that you are applying for. This creates a suitability standard whereby employers may only disqualify you on the basis that the nature of your criminal conviction renders you as being as unsuitable to work in a certain field or position. In addition, whenever an employer denies you because your conviction, they are required by law to provide you with this in writing (Not verbally). Of course, there are exceptions to this rule when it comes to what’s known as ‘statutory prohibitions’ where it is clearly stated in law that you must wait a certain period before you would be eligible to work in a certain field. You usually only see these in the education field, the healthcare field, and in the public safety field. I often here people ask the question “Is there a list of conviction friendly employers?” My response to this is that every employer is supposed to be conviction friendly, except for those fields where there is a statutory prohibition. Many cities and municipalities have been proactive at ensuring that their residents with criminal records are given a fair chance in the workforce by adopting ‘Ban the Box’ policies, including the City of Harrisburg. This is a policy where the criminal history question is removed from the application so that the applicant can be primarily judged by their professional qualifications for any given position. While this is certainly worth acknowledgement, it is worth noting that this only applies to employment with the City of Harrisburg, not private industry employers. Nevertheless, the one takeaway from this section is that if you are ever denied employment because of the existence of your criminal record, always require them to provide you with this information in writing – they are required to do so by law. That said, please stay tuned for the next article where I will touch on how criminal records may or may not impact your ability to run for public office.

Brandon Flood is the Founder/Owner of the Lazarus Firm – info@thelazarusfirm.com; www.thelazarusfirm.com