Pennsylvania imposes a “direct relationship” standard on applications for public and private employment, and occupational and professional licensure. However, because it has no administrative enforcement mechanism, its scope must be interpreted by the courts. A 2017 executive order prohibits public employers from asking about individuals’ criminal histories on an initial job application, and prohibits consideration of non-conviction records, expunged or pardoned convictions, and convictions that are unrelated to an applicant’s suitability for employment.
Licensing entities may not reject an applicant based on non-conviction records, or expunged, pardoned or sealed convictions. In the event of denial based in whole or part upon conviction, the agency must notify the applicant in writing of the reasons. In 2020 comprehensive fitness standards superseded mandatory bars and “good moral character” requirements; and required a direct relationship between crime and occupation, and a public safety nexus for disqualification. Restricted licenses for those coming out of prison who cannot yet establish fitness, and a preliminary consideration. Regulations adopted in 2024 significantly narrowed the number of offenses each board had deemed to be “directly related” to licensure, and ruled that no conviction may be considered “directly related” after five years.
