How a Criminal Record in Pennsylvania Can Affect Your Job Search in the New Year

As we approach the New Year, many of us take the opportunity to set new goals, plan for the future, and strive to improve our lives. For some, this means pursuing new job opportunities and advancing in their careers. However, if you have a criminal record in Pennsylvania, you may face significant challenges during your job search. In the competitive job market of 2025, employers increasingly conduct background checks, and a criminal history could be a barrier to securing the job you want.

If you’re in this situation, it’s important to understand how criminal records can impact your employment prospects in Pennsylvania. This guide will explore the legal landscape, the challenges you might face, and the opportunities available for clearing or expunging your criminal record before the New Year. With the right knowledge and legal support, you can navigate the job market and take the necessary steps to build a brighter future.

How Employers Check Backgrounds: What You Need to Know About Criminal Records and Job Applications

One of the first steps in any job application process is a background check. Most employers in Pennsylvania use background checks to verify a candidate's criminal history, among other things. These checks can reveal whether a potential employee has been convicted of a crime, including felonies, misdemeanors, or other offenses. Background checks are often conducted through state and federal databases, and many employers rely on third-party companies to run these checks.

What Employers Consider in a Background Check

When employers conduct a criminal background check, they are looking for information that may indicate that a potential employee could pose a risk to the company, its employees, or its customers. In Pennsylvania, the law allows employers to consider the nature, severity, and recency of a conviction when making hiring decisions. Some key factors employers will evaluate include:

• Type of Crime. Serious offenses such as violent crimes or theft may be more likely to disqualify a candidate than minor offenses.
• Time Passed Since the Conviction. Employers may be more lenient if the offense occurred a long time ago and the individual has demonstrated rehabilitation.
• Relevance to the Job. For example, a conviction for driving under the influence (DUI) may be more relevant to a job that requires operating a vehicle, while it may not matter as much for office-based roles.

It’s also important to note that Pennsylvania has a "ban the box" law that prevents employers from asking about criminal convictions on job applications. This means that you cannot be disqualified from an initial job interview simply because of your criminal history. However, this does not mean that employers cannot conduct background checks later in the hiring process.

Will a Criminal Record Impact Your Job Search in 2025? Understanding the Legal Landscape.

The legal landscape around hiring practices and criminal records continues to evolve in Pennsylvania and across the United States. As of 2025, Pennsylvania’s "Clean Slate Law" is one of the most impactful pieces of legislation for job seekers with criminal records. This law allows for the automatic sealing of certain nonviolent misdemeanor records after 10 years if there are no subsequent offenses. Sealed records are not accessible to employers during background checks, providing a significant opportunity for many Pennsylvanians to move forward without the weight of their past.

It’s also important to note that Pennsylvania employers are not legally barred from hiring individuals with criminal records, but they must follow anti-discrimination laws. The Equal Employment Opportunity Commission (EEOC) advises employers to evaluate whether a criminal offense is relevant to the job. For example, a conviction for embezzlement may be considered more pertinent for a financial position than a warehouse job.

Knowing your rights is essential. While employers can review your public criminal history, they cannot use sealed or expunged records against you. If you believe your record is being unfairly used to deny you opportunities, consulting with a legal advocate can help you address these issues effectively.

Can You Get a Job with a Criminal Record? Key Challenges and Opportunities.

While it’s true that a criminal record can present obstacles in your job search, it’s not necessarily a dead-end. Understanding the key challenges and opportunities can help you navigate the job market with confidence.

Key Challenges

• Limited Job Opportunities. Some employers may be hesitant to hire individuals with criminal records, especially if the offenses are serious or recent. This can limit the range of job opportunities available to you.
• Stigma and Bias. Even with the growing focus on second-chance hiring, many individuals with criminal records still face stigma and bias during the job application process. Unfortunately, some employers may make judgments based on your past rather than your qualifications and skills.
• Licensing Barriers. Certain professions, such as those in healthcare, law, and finance, may have specific licensing requirements that disqualify individuals with criminal convictions from entering the field. In these cases, having a criminal record can limit career advancement opportunities.

Key Opportunities

Despite these challenges, there are also several opportunities available:

• Skills-Based Hiring. More employers are focusing on candidates’ skills and experiences rather than their past. If you can demonstrate that you have the right skills for the job, your criminal record may carry less weight.
• Rehabilitation and Personal Growth. Many employers are willing to hire candidates with criminal records if they can show they’ve taken steps to improve themselves, such as completing education, vocational training, or volunteer work.
• Second-Chance Programs. There are organizations and employers that actively seek to hire individuals with criminal records. Some states even offer tax incentives to businesses that employ formerly incarcerated people.

By targeting the right industries and organizations, and highlighting your qualifications and positive steps toward rehabilitation, you can improve your chances of finding meaningful employment.

Steps to Clear or Expunge Your Criminal Record Before the New Year: Legal Options to Explore

If you’re planning to search for a job in 2025 and want to improve your chances of success, clearing or expunging your criminal record is one of the best steps you can take. Here’s what you need to know about the process.

What Types of Records Can Be Expunged?

Not all criminal records are eligible for expungement. In Pennsylvania, you may be able to expunge certain types of offenses if:

• You were arrested but not convicted. If you were arrested but not convicted of a crime, your record can likely be expunged.
• You were convicted of a summary offense. Certain summary offenses, such as disorderly conduct, may be eligible for expungement after a certain period.
• Your conviction occurred a long time ago. Some individuals may be eligible for expungement if a significant amount of time has passed since their conviction, and they have not been convicted of any other crimes.

However, serious felonies, such as violent crimes or sex offenses, are typically not eligible for expungement. You can consult with a criminal defense attorney to determine whether your record qualifies for expungement.

How to Apply for Expungement

The process of expunging a record in Pennsylvania is not automatic and requires filing a petition with the court. Here’s a basic overview of the steps:

1. Consult with an Attorney. Before starting the process, it’s wise to consult with a criminal defense attorney who can advise you on whether you’re eligible and guide you through the paperwork.
2. File a Petition. You’ll need to file a petition for expungement in the county where you were convicted. This petition will include details about your case, your criminal record, and your rehabilitation efforts.
3. Attend a Hearing. In some cases, you may be required to attend a hearing where a judge will decide whether to grant your request for expungement.
4. Wait for Approval. If the judge grants your expungement, your criminal record will be sealed, and you can move forward without that conviction showing up in background checks.

By taking steps to expunge your record before the new year, you can start your job search with a clean slate and increase your chances of success.

How a Criminal Defense Attorney Can Help You Navigate Job Searches and Record Expungement

Navigating a job search with a criminal record can be overwhelming, but working with an experienced criminal defense attorney from Scaringi Law can help you overcome these challenges. Our criminal defense attorney can assist you in expunging your record, meeting legal requirements, and preparing for the job market.

Our skilled criminal defense attorney can also help you determine which offenses are eligible for expungement and guide you through the application process. We can help you with legal representation during hearings, increasing the likelihood that your request will be approved. We can help you understand your legal options and work with you to clear your criminal record, making it easier for you to pursue new employment opportunities.

All in all, the New Year offers a fresh start for everyone, and with the right legal support and resources, you can overcome the barriers posed by a criminal record and take control of your future.

Don't let a criminal record hold you back from achieving your career goals. Reach out to Scaringi Law at (717) 775-7195 orcomplete our web form to book a consultation.