HR-TM001 Fair-Chance Hiring

Human Resources Policy

Commonwealth of Pennsylvania

Office of Administration

Fair-Chance Hiring

Number

HR-TM001

Category

Talent Management

Contact

717.787.8001

Effective Date

May 15, 2017

Supersedes

None

Scheduled Review

July 2018

1. Purpose

This Human Resources Policy (HRP) is to establish a Commonwealth-

wide hiring policy that affords opportunities to individuals with past

criminal records to be judged on their skills and qualifications and not

solely on their criminal history, by removing the criminal history

question from the employment application.

2. Scope

This Human Resources Policy applies to all departments, offices,

boards, commissions, and councils under the Governor’s jurisdiction

for human resources management. Agencies not under the Governor’s

jurisdiction are strongly encouraged to follow this HRP.

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3. Background

This Administration is committed to reducing employment barriers for

the millions of Pennsylvanians that seek the opportunity to work and

contribute to their communities, and recognizes that every

Pennsylvanian should have a meaningful opportunity to compete for

jobs in the Commonwealth. Fair-chance hiring policies are common

sense, as prospective applicants for employment should be judged on

their skills and qualifications, rather than solely on an arrest or

conviction record.

Offering opportunities to individuals with past criminal records of a

nonviolent nature promotes public safety by significantly reducing the

risk of recidivism and reincarceration, as steady employment is one of

the best predictors of post-conviction success.

A fair-chance hiring policy will best allow prospective applicants with

nonviolent criminal records to explain individualized circumstances

while preserving the Commonwealth’s ability to appropriately screen

applicants as part of the hiring process.

Current Pennsylvania law prohibits private employers from considering

conviction records that do not relate to an applicant’s suitability for

employment, and private employers must provide written notification if

a denial of employment was based in whole or in part on the

applicant’s criminal history.

4. Policy

The Secretary of the Office of Administration hereby establishes, and

Commonwealth agencies shall implement and maintain, a fair-chance

hiring policy that removes the criminal history question from the

commonwealth’s employment application, based on the following:

a. Consideration of arrests not leading to a conviction; annulled,

expunged, or pardoned convictions; convictions for summary

offenses; and convictions that do not relate to an applicant’s

suitability for Commonwealth employment is prohibited.

b. In making hiring decisions, the hiring entity shall consider the

public interest of ensuring access to employment for former

offenders.

c. This HR Policy shall not affect positions in which a criminal

conviction makes an applicant ineligible under law.

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d. This HR Policy also shall not apply to employment positions

responsible for the safeguarding or security of people or

property, law enforcement, or those involving contact with

vulnerable populations.

e. All departments, agencies, boards, commissions, and councils

shall utilize the online job application system as required by ITP-

BUS008. No department, agency, board, commission, or council

shall utilize its own job application form or questionnaire, unless

such form or questionnaire is approved by the Secretary of the

Office of Administration.

Nothing in this HR Policy shall be construed to impair or otherwise

affect the authority by law to an executive department, agency, or the

head thereof. This HR Policy is not intended to, and does not, create

any right or benefit, substantive or procedural, enforceable at law or in

equity by any party against the Commonwealth of Pennsylvania, its

departments, agencies, or entities, its officers, employees, or agents

or any other person.

Should you have any questions or require additional assistance related

to the implementation of this policy, please contact the Talent

Management Office at 717.787.8001.

5. Effective Date

The Effective Date of this HR Policy is July 1, 2017.

6. Related References

Commonwealth policies, including Executive Orders, Management

Directives, IT Policies, and HR Policies are published on the Office of

Administration’s public portal:

http://www.oa.pa.gov/Policies/Pages/default.aspx

7. Publication Version Control

It is the user’s responsibility to utilize the latest version of this

publication, which appears on http://hrm.oa.pa.gov for Commonwealth

personnel and on the Office of Administration public portal:

http://www.oa.pa.gov/Policies/Pages/default.aspx. Questions

regarding this publication are to be directed to 717.787.8001.

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This chart contains a history of this publication’s revisions:

Version

Date

Purpose of Revision

Original

05/05/2017

Base Document

Revision

05/15/2017

Removed the word “effective” from the header date

field to be consistent with other Commonwealth policy

formats.

Revision

09/27/2021

Removed the words “non-civil service” from the Purpose

section and updated policy to be accessible.