Chester County Expungement Attorney

How Does Having a Criminal Record Affect Employment?

Background Checks

Every employer is permitted to conduct a background check of potential hires to find out if they’ve been arrested in the past 7 years and if they’ve ever been convicted of a crime. However, not all employers choose to do so. If the employer doesn’t ask, you’re not required to volunteer the information. Also, you don’t need to disclose charges that were dismissed, crimes you were found not guilty of, minor traffic violations (this means speeding tickets, not involuntary manslaughter) or juvenile crimes if that record is sealed. If you’re not sure what’s on your record, request a copy from the Department of Justice before you apply for jobs (see Resources below).

Denial of Employment

All private employers are allowed to deny you a job simply because you have a criminal record. That is their right and something you will have to face. However, it’s much better to be upfront about your record than to lie and let them find out when they do the background check. Not only will you be fired, but you’ll then be ineligible for unemployment benefits, and in some cases lying about your record is a crime. Public employers in Pennsylvania cannot deny you a job without examining the details of your conviction and how they relate to the work. Felony convictions, and misdemeanors that resulted in jail time, will most likely keep you from getting jobs that require security clearances, are related to law enforcement, involve working with children or need state licensing (bus driver, CPA, nurse, etc.). So it’s best not to seek out these fields as your first choice.

What to Do

Honesty is the best policy. If you must disclose your criminal history, try to give it a positive spin. Explain what you learned from the situation and how you’re different now. Provide references that can prove to the employer that you are trustworthy and dependable. When you get that first offer, make it your goal to impress.

Learn more about getting your criminal record expunged, from experienced Pennsylvania Criminal Defense Lawyers that are knowledgeable about Pennsylvania Expungement laws and can advise whether you are eligible for an expungement or whether the pardon process makes sense for you. Contact Ciccarelli Lawyers to speak to a Pennsylvania Expungement or Pardon Lawyer today. Call toll free (877) 529-2422.

Getting A Job

How a past mistake keeps getting in the way of finding and keeping a good job and earning a livelihood for your family. Speak to an experienced Pennsylvania Criminal Defense Lawyer at Ciccarelli Lawyers to discuss how to clear your Pennsylvania criminal record.

Even in the best of economic times, employers pay attention to a prospective employees’ criminal record when they would make a decision to hire, retain or promote. However, in a recession or rough business environment where unemployment is high, big and small companies tend to get pickier. Don’t be the victim because of a prior criminal record.

Often a company is faced with balancing trying to be fair to a prospective employee while facing charges of negligent hiring of a convict. An individual with a criminal record also has to worry about getting fired if they lie on their employment application and then the employer finds out on a criminal record check.

Know your rights. Pennsylvania law does provide some protection to individuals not hired because of a criminal record and often employment applications are limited to convictions for only crimes that carry a minimum of on year or more of potential incarceration. Pennsylvania also allows for the expungement, clearing or pardoning of criminal offenses under certain circumstances. Speak to one of our experienced lawyers to assist you.

There is a solution. Its to retain an experienced criminal defense lawyer and apply for an expungement or pardon of your criminal charges.

Record Checks

Learn about record checks and how a record check in Pennsylvania can effect your ability to obtain or keep your employment. More and more employers use record checks in making their decision regarding employing an individual. Below is a list of the type of jobs that could use criminal record checks:

Government jobs, couriers, bus drivers, subway drivers, security guards, casino employees, car dealerships, insurance agencies, funeral directors, collection agents, truck drivers, cab drivers, day care workers, nurses, parenting, bank employees, it employees, massage therapists, teachers, professors, chiropractors, doctors, banking positions, accounting, payroll positions, correctional officers, clerk of the courts, optometrists, physiotherapists, social workers, volunteer workers, veterinarians.

In Pennsylvania, the use of criminal background checks in making hiring decisions is governed by 18 Pa.C.S. $9125, part of the Criminal History Record Information Act, 18 Pa.C.S. $9101-9181. Section 9125 permits employers to consider an applicant’s felony and misdemeanor convictions – not mere arrests- in connection with hiring decisions. Significantly, however, the convictions may only be considered to the extent they relate to an applicants’ suitability for the specific job in question.

The Act further requires that if an employer’s decision not to hire an applicant is based in whole or in part on criminal history record information, then the employer must so notify the applicant in writing. Rejected applicants can sue to challenge the employer’s reliance on the background check. If, for example, an employer relies on a conviction unrelated to the job, or if the employer relied on a mere arrest, the Act permits an award of actual and real damages, as well as punitive damages (up to $10,000.00) and attorneys’ fees.

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A Criminal Record

A criminal record is normally a list of crimes, violations, and infractions that an individual has been accused to have committed. A criminal record can take the form of an arrest record, a record of the filing of the charges, fingerprinting records and conviction records. A criminal record is a record of a person’s criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness.

In most cases it lists all non-expunged criminal offenses and may also include traffic offenses such as speeding and drunk-driving. In some cases, the record is limited to actual convictions (where the individual has pleaded guilty or been declared guilty by a qualified court) while in others it also includes arrests, charges dismissed, charges pending and even charges of which the individual has been acquitted.

A criminal record in Pennsylvania can limit an individual’s ability to get or keep a job, obtain credit, and blemish his or her reputation. Even where the court case is dropped, evidence of criminal charges can remain in the way of records of the arrest, fingerprint records and or court filing records. There can be a record from the filing of not only criminal felony and misdemeanor charges like a dui, but also from summary offenses, ordinances, and traffic charges filed when you were a minor or an adult.

A criminal record expungement or pardon is the means to clean your record and get a second chance. Do not allow your prior mistakes to impact you and your family for the rest of your life. Consult with an experienced criminal record expungment and pardon lawyer to discuss your options.

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Criminal Conviction

Learn about a criminal conviction in Pennsylvania. In Pennsylvania, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime. The opposite of a conviction is an acquittal (i.e. “not guilty”).

No criminal system is perfect and both guilty people can be acquitted and innocent people are convicted, even where due process is followed. In Pennsylvania, both criminal and traffic matters begin at the district magistrate level in most of the sixty seven counties in Pennsylvania (excluding Philadelphia with its Traffic Court, Municipal Court and Criminal Court systems).

Appeal mechanisms mitigate this problem to some extent. An error which results in the conviction of an innocent person is known as a miscarriage of justice.

After a defendant is convicted, the court determines the appropriate sentence as a punishment. Furthermore, the conviction may lead to results beyond the terms of the sentence itself. Such ramifications are known as the collateral consequences of criminal charges. A minor conviction is considered, in a term, a warning conviction, and it doesn’t affect the defendant, but does serve as a warning.

The outcome of a criminal prosecution which concludes in a judgment that the defendant is guilty of the crime charged. The juncture of a criminal proceeding during which the question of guilt is ascertained. In a case where the perpetrator has been adjudged guilty and sentenced, a record of the summary proceedings brought pursuant to any penal statute before one or more justices of the peace or other properly authorized persons.

The terms conviction and convicted refer to the final judgment on a verdict of guilty, a plea of guilty, or a plea of nolo contendere. They do not include a final judgment that has been deleted by a pardon, set aside, reversed, or otherwise rendered inoperative.

The term summary conviction refers to the consequence of a trial before a court or magistrate, without a jury. Whether you are facing a criminal conviction for a misdeanor, felony, summary offense or traffic matter, a record is available to the public that can be used against you unless you take steps to clear you record.