The Employment Hurdle A Criminal Record

Many times a criminal record may prevent a friend or family member from obtaining a job or gaining entrance to their school of choice. Oftentimes even summary offenses (non-traffic including public drunkenness, underage drinking and disorderly conduct) will appear on an individuals criminal record.Worse yet, if not properly addressed, a criminal history report may even include a record of an offense for which you gained an acquittal or one that was dismissed or otherwise withdrawn.In this competitive marketplace it is important to ensure that you do not have any blemishes in your background that would present any unnecessary hurdles to a dream job.

Section 9122 of the Pennsylvania Crimes Code sets forth the framework for expungements under Pennsylvania law.18 Pa.C.S.A. 9122. In fact, Governor Edward G. Rendell recently signed legislation expanding this law to allow individuals who have remained out of trouble for a period of years the opportunity to seek the expungement of summary offense convictions.Prior to this amendment, adult convictions for summary harassment, public drunkenness, underage drinking, disorderly conduct, and retail theft, to name a few, remained with the individual for most (if not all) of his adult life. Prior to this amendment, in order to be eligible for an expungement, one had to be seventy years old and have remained conviction free for the preceding ten years. Even less helpful for the job seeker, you would also be eligible for an expungement after having been dead for three years. The new amendment broadened the category of individuals with criminal histories that may be eligible for expungement.

There are programs and procedures for first time offenders and juvenile offenders to earn a clean record.As an adult, you may be eligible for the Accelerated Rehabilitative Disposition Program (commonly referred to as ARD). If eligible, the program may permit the dismissal of a criminal charge and an automatic expungement upon successful completion of the program requirements. As for juveniles, most juvenile conviction records may be expunged upon turning eighteen (18) and/or remaining crime free for five (5) years.

This article is not intended as or a substitute for legal advice.You should contact an attorney immediately if you believe that a criminal history record is being incorrectly maintained in your name or such history prevented you from being hired.