Criminal Records, Expungement Expunged Record

[moltern]

A employer has denied me employment stating that I failed to disclose properly. On the application it asked have you ever been convicted of a crime, other than a minor traffic offense?

I answered no.

Later the employer found out that I was in the ARD program. Once I completed the program, the judge dismissed the case and had the records expunged.

On my first day of employment, someone in HR had them say I was no longer approved for hire because of my failure to disclose this.

What can I do?

 

[seniorjudge]

On my first day of employment, someone in HR had them say I was no longer approved for hire because of my failure to disclose this.

I agree; you failed to disclose it.

The expungement did not relieve you of the responsibility to disclose.

 

[moltern]

Are you familiar with the law at?

13 (1) EXCEPT AS SET FORTH IN SUBSECTION (C) OR (D)(2), AN
14 EXPUNGED RECORD OF ARREST, PROSECUTION OR CONVICTION SHALL
15 NOT BE REGARDED AS AN ARREST, PROSECUTION OR CONVICTION FOR A
16 PUBLIC OR PRIVATE PURPOSE. THIS PARAGRAPH INCLUDES THE
17 PURPOSE OF ANY STATUTE, REGULATION, LICENSE, QUESTIONNAIRE,
18 EMPLOYMENT APPLICATION OR CIVIL OR CRIMINAL PROCEEDING.

So why would I have to disclose I was convicted of a crime?

 

[moltern]

Title 18, § 9125 – Criminal History Record Information – Dissemination of Criminal History Record Information - Use of records for employment
(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.

Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 et seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183

Pennsylvania statute, 18 Pa C.S.A. section 9122, allows for those who received and completed Accelerated Rehabilitative Disposition (ARD), convicted of certain alcohol offenses, or are over the age of 70 with no convictions in the last ten years to have the record related to the offense expunged. Upon expungement, you can honestly answer "no" when asked if have been convicted of a crime.

 

[maltease]

Expungement only hides the government record. But private background search companies already obtained the information before the expungement, so it is still available in any pre-employment background check.