What happened?

On December 14, 2023, Governor Shapiro signed House Bill (HB) 689, amending Pennsylvania law relating to the expungement of certain criminal record information and employer immunity when hiring individuals with expunged records. 

What are the details? 

The bill focuses on justice reform of the Clean State Act, allowing the sealing of records for some crime convictions after 10 years and shortening the amount of time needed for its sealing. 

It also gives employers immunity for liability claims related to: 

(1) the effects of expunged records or the lawful use of criminal record history information when an applicant voluntarily discloses an expunged conviction and 

(2) arising out of misconduct of the individual from which the criminal record has been expunged or has been given limited access (relating to the petition for limited access of clean slate limited access). 

This helps clarify a potential ambiguity under existing state law regarding whether an employer still might face negligent hiring liability for hiring an individual with an expunged criminal record where the individual goes on to commit misconduct, such as injuring a third party, mitigating a negligent hiring lawsuit, according to law firm Littler Mendelson P.C.

Business Considerations 

• Create or update your business policies regarding criminal records before the job hiring process and during work.
• With the clarification and immunity contemplated in the law, plan accordingly and make a due diligence process as complete as possible. 

Resources:

• Official Governor Press Release
• House Bill (HB) 689
• Clean State Act

Source References

• New Pennsylvania Legislation and Philadelphia Ordinance Amendment Tackle Pardoned Convictions, Expunged Records, and Negligent Hiring Liability (Littler Mendelson P.C.)
• Shapiro signs ‘Clean Slate 3.0’ into law (Pennsylvania Capital-Star)
• Clean Slate 3.0 Enacted into Law – Allows Sealing of Some Old Felony Criminal Records (PA Legal Aid Network, Inc.)

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.