(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.
(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11, 1982, P.L.476, No.138, eff. 180 days)
1982 Amendment. Act 138 amended subsec. (b).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 91 - Criminal History Record Information
Section 9101 - Short title of chapter
Section 9105 - Other criminal justice information
Section 9106 - Information in central repository or automated systems
Section 9111 - Duties of criminal justice agencies
Section 9112 - Mandatory fingerprinting
Section 9113 - Disposition reporting by criminal justice agencies
Section 9114 - Correction of inaccurate information
Section 9121 - General regulations
Section 9122.1 - Petition for limited access
Section 9122.2 - Clean slate limited access
Section 9122.4 - Order to vacate order for limited access
Section 9122.5 - Effects of expunged records and records subject to limited access
Section 9122.6 - Employer immunity from liability
Section 9123 - Juvenile records
Section 9124 - Use of records by licensing agencies
Section 9125 - Use of records for employment
Section 9131 - Security requirements for repositories
Section 9142 - Quality control
Section 9151 - Right to access and review
Section 9153 - Individual rights on access and review
Section 9158.1 - Right to access
Section 9158.4 - Judicial review
Section 9158.5 - Protection of information
Section 9158.6 - Current dissemination not limited
Section 9158.7 - Rules and regulations
Section 9161 - Duties of the Attorney General
Section 9171 - Requirements of repositories relating to public notice
Section 9181 - General administrative sanctions