Act 33 and 34 background checks

Hope Academy volunteers: When you have electronic copies of all of your clearances, you can upload everything here.

You will need an email address to create an account and a credit or debit card for payment. Applicants will receive their results through an automated system and will be able to view and print their results online. This could take up to 14 days. Pennsylvania Criminal Record Check Act Log into Pennsylvania Access to Criminal History website.

In most instances, you should receive an immediate result if no criminal record exists.

Pennsylvania Law Changes

There are a few questions throughout the course and a short evaluation at the end. This is required for all teaching artists and staff. East Liberty Presbyterian Church S. Highland Avenue Pittsburgh, PA The Notice provides examples of such information. Employers may identify specific examples of rehabilitation and good conduct that would be most relevant to the prospective position, but examples must be included.

This time period begins running when an applicant receives both the inquiry and Notice. Employers may therefore wish to confirm receipt, either by disclosing the information in person, electronically, or by registered mail. Such method of communication must be mutually agreed on in advance by the applicant and employer. The process allows an applicant to respond either orally or in writing and provide additional information relevant to any of the Article A factors.

If, after communicating with an applicant, the employer decides not to hire her or him, it must relay that decision to the applicant. Handling Errors in the Background Check An error on a background check might occur because, for example, it contains information that pertains to another person or is outdated. If an applicant is able to demonstrate an error on the background report, the employer must conduct the Article A analysis based on the corrected conviction history information to ensure its decision is not tainted by the previous error.

The FCA applies the same way to temporary help firms as it does to any other employer. To evaluate the job duties, a temporary help firm may only consider the basic skills necessary to be placed in its applicant pool. Employers may assert the application of an exemption to defend against liability, and they have the burden of proving the exemption by a preponderance of the evidence. Other than the employers described in Subsections C and D of this Section, the Commission does not assume that an entire employer or industry is exempt and will investigate how an exemption applies to a particular position or role.


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Employers hiring for positions where federal, state, or local law requires criminal background checks or bars employment based on certain criminal convictions The FCA does not apply to the actions of employers or their agents that are taken pursuant to any state, federal, or local law that requires criminal background checks for employment purposes or bars employment based on criminal history. A network of federal, state, and local laws creates employment barriers for people with criminal records.

The Commission characterizes these barriers as either mandatory or discretionary. Mandatory barriers require a licensing authority or employer to deny applicants with certain convictions enumerated in law. Discretionary barriers allow, but do not require, a licensing authority or employer to deny applicants with criminal records, and may or may not enumerate disqualifying convictions.

For positions that do not require a criminal history check, however, such employers have to follow the FCA. The FCA applies when an employer hires people who require licensure, or approval by a government agency, even if the license has mandatory barriers.

In that case, an employer can only ask whether an applicant has the required license or can obtain one within an acceptable period of time. An applicant who has a license has already passed any criminal record barriers and been approved by a government agency.

An applicant who cannot, because of her or his conviction record, obtain a required license may have her or his conditional offer withdrawn or employment terminated for such legitimate nondiscriminatory reason. Employment decisions about such officers are exempt from the FCA, as are decisions about positions in law enforcement agencies exempted under New York Correction Law Article A. Once DCAS exempts a position, applicants may be asked about their conviction history at any time during the hiring process. Best Practices for Employers An employer claiming an exemption must be able to show that the position falls under one of the categories in Section VII of this Guidance.

Criminal History

Employers availing themselves of exemptions to the FCA should inform applicants of the exemption they believe applies and keep a record of their use of such exemptions for a period of five 5 years from the date an exemption is used. Keeping an exemption log will help the employer respond to Commission requests for information. Employers may be required to share their exemption log with the Commission. Prompt responses to Commission requests may help avoid a Commission-initiated investigation into employment practices.


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  • Identity in a Comprehensive Background Check!
  • Processing New Hire Act 33, 34, and 114 background checks.

These penalties are in addition to the other remedies available to people who successfully resolve or prevail on claims under the NYCHRL, including, but not limited to, back and front pay, along with compensatory and punitive damages. Consistent with that definition, the Commission will presume that any reason known to the employer before its conditional offer is not a legitimate reason to later withdraw the offer.

What actually happens in a criminal background check? - The Checkr Check-In

No person can ask about non-convictions in connection with any application or evaluation for credit. City Council, Committee Report on Int. Brewer, Manhattan Borough President on Int. To comply with the FCA and the ADA, employers may condition an offer of employment on the results of a criminal background check and then, after the criminal background check, a medical examination. A felony is an offense for which a person may be incarcerated for more than one year.

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Changes to Pennsylvania’s Child Protective Services Law

See Section XI of this Guidance. Law enforcement agencies hiring for police or peace officer positions may consider all non-convictions without exception. Employers whose advertisements exclude people with criminal convictions are not engaging in the individual analysis required by Article A. Under the Stop Credit Discrimination in Employment Act, employers, labor organizations, and employment agencies cannot request or use the consumer credit history of an applicant or employee for the purpose of making any employment decisions, including hiring, compensation, and other terms and conditions of employment.

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Processing New Hire Act 33, 34, and background checks | Duquesne University

City of White Plains, N. An employer may not disfavor an applicant because she or he does not possess a certificate.

Clearance Applications

Local Law No. Menu Combating Discrimination Since Definitions The FCA applies to both licensure and employment, although this Guidance focuses on employment. Conditional Offer of Employment An offer of employment that can only be revoked based on: The results of a criminal background check; The results of a medical exam in situations in which such exams are permitted by the Americans with Disabilities Act; 6 or Other information the employer could not have reasonably known before the conditional offer if, based on the information, the employer would not have made the offer and the employer can show the information is material to job performance.

Conviction History A previous conviction of a crime, either a felony or misdemeanor under New York law, 7 or a crime as defined by the law of another state. Criminal History A previous record of criminal convictions or non-convictions or a currently pending criminal case.