Fired Because of a Past Arrest or Conviction? Wrongful Termination Under Pennsylvania's CHRIA

Everyone makes mistakes, but a past mistake should not permanently ruin your ability to earn a living. Being arrested is scary enough, but getting fired because your employer ran a background check and found an old, unrelated charge is devastating. In many states, employers have total freedom to fire workers for any criminal history. However, Pennsylvania offers strong protections for workers to ensure they are evaluated fairly.

The Pennsylvania Criminal History Record Information Act (CHRIA) strictly regulates how employers evaluate criminal background records. Under 18 Pa.C.S. § 9125, employers are restricted from considering non-conviction arrests and may only consider felony or misdemeanor convictions to the extent they relate to job suitability. However, Pennsylvania courts in Cisco v. United Parcel Services, Inc., 328 Pa. Super. 300 (PA Superior Court 1984) and Deal v. Children's Hospital of Philadelphia, 223 A.3d 705 (PA Superior Court 2019) established that Section 9125 applies strictly to hiring decisions regarding job applicants rather than creating a common-law wrongful termination cause of action for existing at-will employees. Nonetheless, current workers facing adverse employment actions over criminal records can pursue relief if they were rejected for promotions, subjected to discriminatory disparate impact, or harmed by inaccurate background checks.

Step-by-Step Process in Pennsylvania

If you suspect you were illegally fired due to your criminal record, building a strong case requires securing proof of why you were terminated.

Step 1: Requesting Your Personnel File

Your first goal is to obtain written proof that the criminal record was the reason for your dismissal. Ask your HR department for your termination letter and a copy of the background check they ran. Under the federal 15 U.S.C. § 1681 et seq. (FCRA), if an employer uses a third-party background check to make a firing decision, they must provide you with a copy of the report.

Step 2: Submitting a PHRC Questionnaire

Because the PHRC does not have jurisdiction over freestanding CHRIA claims, an administrative filing is utilized when the criminal history exclusion creates illegal disparate impact discrimination under 43 P.S. § 955. In many cases, disqualifying workers over arrest records disproportionately harms protected minority groups. You can preserve these civil rights claims by submitting an Form Non-Numbered, Pennsylvania, Pennsylvania Human Relations Commission, Employment Intake Questionnaire to the Pennsylvania Human Relations Commission, Harrisburg.

Step 3: Filing a CHRIA Lawsuit

Unlike standard administrative claims, CHRIA allows an aggrieved individual to file a civil action directly in court under 18 Pa.C.S. § 9183(b). However, because appellate decisions like Deal v. Children's Hospital of Philadelphia, 223 A.3d 705 (PA Superior Court 2019) and Cisco v. United Parcel Services, Inc., 328 Pa. Super. 300 (PA Superior Court 1984) establish that Section 9125 applies strictly to hiring applicants rather than creating a wrongful discharge action for at-will employees, lawsuits must focus on actionable statutory violations such as unlawful applicant rejections or promotional denials. Your attorney will likely file the lawsuit in a local venue like the Delaware County Court of Common Pleas, Media or the Montgomery County Court of Common Pleas, Norristown.

Fired for a Pending DUI

A common scenario in Pennsylvania involves an employee being arrested for a first-offense DUI over the weekend and being fired immediately once the employer finds out. Many workers assume this violates CHRIA because an arrest is not a conviction. However, under Pennsylvania's employment-at-will doctrine and binding precedents like Cisco v. United Parcel Services, Inc., 328 Pa. Super. 300 (PA Superior Court 1984) and Deal v. Children's Hospital of Philadelphia, 223 A.3d 705 (PA Superior Court 2019), 18 Pa.C.S. § 9125 applies strictly to hiring applicants, not to existing employees. Unless protected by an employment contract or collective bargaining agreement, an employer generally does not violate CHRIA by discharging an at-will worker over a pending arrest, even if the DUI is wholly unrelated to their daily job duties.

Expunged Records Discovered on Background Checks

Pennsylvania allows individuals to expunge certain minor records or seal them under the state's Clean Slate provisions, 18 Pa.C.S. § 9122.1 et seq.. Once a record is expunged, it legally no longer exists. However, third-party background check companies sometimes use outdated databases and improperly report expunged charges to employers. While Pennsylvania's at-will doctrine generally gives employers discretion in termination, screening agencies that report expunged records violate the federal 15 U.S.C. § 1681 et seq. (FCRA) and can be held liable for statutory and actual damages. Furthermore, if an employer denies a promotion or application based on improperly reported criminal data without required adverse action notices, aggrieved workers may seek legal remedies under federal and state law.

Summary Offenses and Minor Citations

In Pennsylvania, summary offenses are minor infractions below misdemeanors, such as disorderly conduct, loitering, or minor retail theft citations. Under 18 Pa.C.S. § 9125(b), employers evaluating job applicants are strictly limited to considering felony and misdemeanor convictions that relate to job suitability; summary offenses cannot be used to disqualify applicants. However, because Section 9125 does not apply to the discharge of existing at-will employees, an employer that terminates a worker after discovering a past summary offense does not violate CHRIA under Pennsylvania common law. Aggrieved employees must instead assess whether the termination violated an employment agreement, constituted unlawful discrimination under civil rights statutes, or violated federal credit reporting laws.

How Much Does it Cost in Pennsylvania?

Most employment lawyers in Pennsylvania handle CHRIA cases on a contingency fee basis, meaning you pay no hourly rates or upfront retainer fees. Under 18 Pa.C.S. § 9183(b), an aggrieved individual who prevails in court is entitled to actual damages of not less than $100 for each violation, plus reasonable litigation costs and attorney's fees. If the court finds the employer committed a willful violation, it will impose exemplary and punitive damages of not less than $1,000 and up to $10,000.

How Long Does the Process Take?

The timeline for a background check or CHRIA dispute depends on how aggressively the employer fights back. If the employer clearly violated 18 Pa.C.S. § 9125 by documenting in writing that an applicant-or an existing employee seeking a promotion or transfer-was rejected over an arrest or an unrelated conviction, or failed to provide pre-adverse action notices under the FCRA, the employer's insurer may offer a settlement within 4 to 6 months. However, if the employer disputes liability or claims adverse action was based on legitimate performance grounds, litigating through discovery and trial can take 1 to 2 years.

Frequently Asked Questions (FAQ)