A recent decision by the U.S. Court of Appeals for the Third Circuit clarified Pennsylvania’s Criminal History Record Information Act (CHRIA). The court held that employers cannot lawfully use criminal history information voluntarily disclosed by job applicants when making hiring decisions unless the conviction relates to job suitability under CHRIA. Information volunteered by applicants is treated the same as information obtained from background checks, and employers must notify applicants if criminal history played a role in hiring decisions.

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