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Proposed updates to Pennsylvania’s Clean Slate Law were overwhelmingly approved by the House.

The PA Clean Slate Law

Legislators in Pennsylvania passed a Clean Slate Law that went into effect in 2018. It created expungement opportunities for residents who have a criminal history. The goal was to help people obtain second chances to rejoin society. Numerous studies suggest that having a conviction for even minor offenses can be a detriment to people when they try to find employment, housing and other necessities.

In 2019, the law was expanded to offer expunction options to even more people. While these efforts were praised, legislators felt they still were not expansive enough. Another update to the law was proposed in 2023.

Clean Slate 3.0

House Bill 689 (HB689) is commonly referred to as Clean Slate 3.0. The proposed bill seeks to:

• Empower residents to have non-serious drug felonies expunged after 10 years if the person does not incur a new misdemeanor or felony.
• Offer new expunction options for certain property-related felonies such as forgery or theft. To qualify, the offenses must be graded in the third degree and restitution must have been made to the victim.
• Say that individuals can become eligible to expunge misdemeanors 7 years after their last conviction, instead of 10 years as it is now.
• Reduce the amount of time it takes to become eligible to expunge a summary offense to 5 years.

Key Goals

According to the Pennsylvania American Civil Liberties Union (ACLU), Clean Slate 3.0 is an important piece of legislation that will:

• Help qualified people who have criminal records find jobs and, therefore, make it easier for employers to identify and hire much-needed personnel.
• Help address the consequences from the over-criminalization of communities of color.
• Reduce the amount of time PA residents must wait to get back into the workforce. This is also expected to reduce the recidivism rate.

HB689 is currently under review by the Senate. Learn more.

What Employers Should Know

Employers in Pennsylvania should be aware that the state’s Clean Slate Law could be expanded again. If that happens, then many people are likely to have criminal records sealed. Once that occurs, those records cannot be used by employers to make decisions about applicants, employees or others who might do work on their behalf.

To help reduce the risk of inadvertently reviewing sealed records, hiring managers are encouraged to work with an accredited Consumer Reporting Agency (CRA). These agencies take multiple steps to only provide current, accurate data. The reports they produce help employers make informed decisions, conduct due diligence and maintain safe workplaces.

The Need For Background Checks

Second Chance Laws like PA’s Clean Slate are becoming extremely common throughout the United States. It is still critical for employers to run comprehensive background checks when making employment decisions. These reports can show hiring managers if someone has violent or otherwise serious convictions that could indicate they might be an undue risk to the business, staff or public.

If your organization needs background checks, please contact us. We can help you customize screening packages based on your particular needs, relevant laws and industry best practices. Our team is available to assist you Monday through Friday from 5am to 6pm PT.