QUESTION

Is it legal for a potential employer (in Pennsylvania) to have access to or consider a non-traffic summary offense in the hiring decision?

Asked on Aug 28th, 2013 on Employment Contracts - Pennsylvania
More details to this question:
I was not arrested but received a citation in the mail for a one-time incident in August of 2009 for disorderly conduct. I paid the fine, which meant a guilty plea.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
An employer can consider anything it wants in the hiring decision, other than those factors excluded by statute (race, religion, etc.) or contract (for example, if a union contract provides that an employer can only use union labor), and often smaller employers are not even subject to those limitations.  I doubt very much that the information about your offense would be readily available, but it is probably a public record, and therefore the prospective employer could theoretically, if it wanted to go to a lot of trouble, access it.
Answered on Aug 28th, 2013 at 12:38 PM

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