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Pennsylvania’s Governor Signs “Clean Slate 3.0” Allowing Sealing of Criminal Records

06 Feb

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Update Applicable to:Effective date
All employersFebruary 12, 2024


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:


Source References

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