How can Federal Convictions Affect Your Pre-Employment Background Investigations?

The Society of Human Resource Management conducted a survey in 2012 which showed about 70% of employers in the United States investigated the backgrounds of all the candidates applying for a job in their company. This percentage includes every type of industry and occupation that there exists such as construction, transportation, hospitality, or accounting. With the evolution of technology, running background checks will be even more common. But this spells the doom for people who have a criminal record in their past, especially the ones convicted of a federal crime in Pennsylvania.

There are certain background inspections which are more extensive than the rest. While some just verify information, there are others which probe deeper into the criminal record of the potential employee. Generally, these background checks are mostly implemented for those candidates who have applied to positions entailing working with children like school guidance counselors or teachers. Even commercial bus drivers or truckers are subjected to such pre-employment investigations in order to ensure their criminal record is clean along with a clear driving history as well.

The regulations for these background investigations definitely vary from one state to another. The employers who do not comply with such laws are subjected to stringent penalties. The employers are not just permitted to refuse employment opportunities based on such convictions, but they are actually required to do so.

The employees are bound to provide their prospective employer with a report of their criminal record and any such information that is relevant to their criminal history procured from the State Police in Pennsylvania. In case, the employee possesses a clean record, they must acquire an official statement affirming the information from the State Police central repository or the Pennsylvania State Police.

To one’s utter dismay, expungement will not be possible to carry out in case of a federal offense, although, there are restricted exceptions with respect to particular drug convictions on the part of people under the age of 21. Instead of getting an expungement, most people with federal offenses prefer acquiring a Presidential Pardon. The Presidential pardon is certainly not equal to the expungements and cannot put a seal on the record of your criminal convictions, but these can help you reinstate your legal rights once more.

So, if you have been convicted of a federal offense or are on the verge of undergoing the process of criminal appeals, then it is absolutely essential that you acquire the legal support from a credible, experienced, and skilled criminal defense lawyer. Opt for a dedicated, smart, and knowledgeable Pittsburgh criminal lawyer or a criminal attorney from elsewhere in Pennsylvania, who can protect your legal rights against all kinds of federal felonies including white collar crimes or money laundering, so that during such critical hours, you don’t lose your dream job just for the sake of that single blotch on your criminal record. Discuss the case quickly and get the requisite guidance you need in order to get rid of all your charges and start a new life afresh.

UPDATE: May 2019

A new law, called the Clean Slate Bill, was signed in 2018 that allows people to petition the court, asking their criminal record be sealed. Not everyone will qualify. A person must have paid all court-ordered fines, costs, and other debts, and been conviction-free for ten years for an offense whose consequence was a year or more in prison.

Another part of the new law seals records for second- or third-degree offenses that resulted in a prison sentence of fewer than two years, if the person remained conviction-free for ten years. In this case, the record would automatically be sealed.

A third aspect of the new law requires law enforcement agencies to get rid of arrest records and court records in cases where three years have passed without further proceedings or a conviction.