Legal Question in Employment Law in Pennsylvania

Re: Help,, trying to better myself

You may have been discriminated against. An employer cannot discriminate against you in PA because of a criminal record if it is unrelated to the job duties. You may have a lawsuit for damages. Give our offices a call.

Re: Help,, trying to better myself

You asked whether a criminal record can be held against a person applying for employment.

It depends. By statute employers are prevented from considering a criminal record against an applicant or employee unless it bears on the employment. While that law is hopeful, it offers NO actual protection. Most every criminal conduct can be imputed to have a bearing on employment.

Your best bet is to seek a pardon and then an expungement. The PA Board of Pardons has information on its Web site that you can download to see about obtaining a pardon.

Generally the BoP will look at 5 points of information. How much time has elapsed since the commission of the crime? (Generally the more severe the crime the longer the time before a pardon can be requested.) Did the applicant comply with all court requirements? Demonstration of successful completion of all court-imposed requirements (probation, parole, all fines and costs paid). Has the applicant made positive changes to his/her life since the offense? (What have you done to improve your life? Married? Kids? Work? Community activities? Hobbies?) What is your need for clemency? (Your job denial should prove very convincing.) What is the impact on the victim of the Offense? (Any victim will be contacted and they may present their position before the board.)

Once you get a pardon, you can then apply for an expungement in the court that originally heard your case and they have their own guidelines for expungement.

You should have an attorney help you file for pardon and expungement as there are many areas where avoidable mistakes can hurt your chances. (Such as not using specific examples to represent your claims. Failing to get the victim on your side. And so on.)

Good luck.

Regards,

Roger