Pennsylvania residents who find themselves facing criminal charges will have many things to learn about. The criminal defense process is one part of things they will need to know but so too is how a potential conviction may affect the rest of their lives. From a reckless driving charge to a homicide charge, these situations can have consequences far beyond fines or prison sentences.
Over the years, it has become a common practice for employers to conduct background checks on job candidates before making final hiring decisions. However, there is some recent controversy in Pennsylvania around this practice and even a proposed new law that could play into what these checks would ultimately reveal. Pennsylvania’s Clean Slate Act, signed into law in 2018, has since put this into practice: many non-violent misdemeanor convictions are now automatically sealed after 10 years of a clean record, meaning these convictions are generally no longer visible on standard background checks. You can read more about the current expungement and record-sealing process in Pennsylvania.
A bus operator whose tentative job offer from a transit agency was revoked after his background check has filed a lawsuit. The man alleges that federal employment laws were violated. His background check returned information about a drug-related criminal conviction in the 1990s. Local prosecutors in Pennsylvania have also been discussing the importance of helping people with criminal histories move forward with their lives.
With the ability to earn a living and even secure housing potentially on the line, people who have been arrested in Pennsylvania may wish to talk with an attorney. Doing this can help to shed some insight into the criminal justice system.
Source: Philly.com, “Rejected bus driver sues SEPTA over background checks,” April 28, 2016
Frequently Asked Questions
Can an old misdemeanor conviction still affect my job search today?
It depends on whether the conviction qualifies for automatic sealing under the Clean Slate Act. Many older non-violent misdemeanors are now sealed after 10 years, but felonies, certain violent offenses, and more recent convictions generally remain visible on background checks.
Does record sealing happen automatically, or do I need to apply?
For most eligible records, Clean Slate sealing happens automatically through a court computer system without you filing anything. However, some records or situations may require a separate expungement petition, particularly for convictions that don’t meet Clean Slate’s automatic criteria.
Can an employer still see a sealed record?
Once a record is sealed under Clean Slate, it is generally hidden from public access and standard employer background checks. Certain government agencies, law enforcement, and some licensing boards may still retain limited access in specific circumstances.
What can I do if a job offer was revoked because of a background check?
You may have rights under federal and state employment laws, including notice and dispute procedures under the Fair Credit Reporting Act if a third-party background check was used. An attorney can review the circumstances to determine whether your rights were violated.
How do I find out if my record qualifies for sealing or expungement?
An attorney can review your specific charges, conviction dates, and case outcomes to determine whether your record already qualifies for automatic Clean Slate sealing or whether you need to file a separate expungement petition.
Contact a Pennsylvania Criminal Defense Attorney at Rubin, Glickman, Steinberg & Gifford, P.C.
If a past conviction is affecting your ability to find work or housing, our attorneys can help you understand your options for record sealing or expungement under Pennsylvania law. Call Rubin, Glickman, Steinberg & Gifford, P.C. at (215) 822-7575 or use our contact form to schedule a free consultation.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
August 24, 2026
