Legal Question in Criminal Law in Pennsylvania

Criminial history causing employment possibilities

I've been having difficulty with employment b/c of my record. My record is over 10 years old & I haven't had any additional problems since I was 18 �. I have 2 convictions-a misdemeanor of the 2nd degree, & a felony of the 3rd degree-from 1994. I've looked into expungement, but have run into a problem. According to the state police, I have no criminal record. My record is only on file at the local county court (where I was sentenced), not with the state police, so I'm unable to attend a copy of my record to include with my application for expungement.

I'm trying to get a job with a company that has strict background rules (they check county & state). I'm currently working @ the company through a temporary agency (who only checks back 7 years). I know people in HR who've said that other temps have been let go when they try to get a job b/c when they did a background check (the last step before they offer the job), there was anything on their record.

I've heard there's a law that states you can only be turned down on the basis of criminal history if your conviction is directly related to your work. The felony was auto theft, I work in production.

Any suggestions on clearing my record or make the company hire me?


Asked on 11/09/05, 10:57 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Criminial history causing employment possibilities

I have succesfully recovered money for employment denied on the basis of improper use of criminal history. The problem with a auto thefy is the employer can take the position that theft is related to your position in that they can't have employees steal.

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Answered on 11/10/05, 5:29 am


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