A recent federal appeals court decision has strengthened job applicants’ rights under Pennsylvania’s Criminal History Record Information Act (CHRIA), including instances where employers learn about past convictions directly from the applicant rather than through a background check.
This ruling underscores the importance for Pennsylvania employers to review their hiring policies, interview practices, and candidate communications to stay compliant and avoid potential liability under CHRIA.
MBM Law’s employment attorneys assist employers across the Commonwealth in auditing and updating their hiring and candidate selection processes in conformance with this latest court interpretation.
How Section 9125 of CHRIA Governs Your Hiring Decisions
Under Section 9125 of CHRIA, employers generally may not use an applicant’s criminal history record information when making hiring decisions, unless the conviction is a felony or misdemeanor that directly relates to the position’s duties.
If a candidate is denied employment based on such information, the employer must notify the individual in writing. Failure to do so may expose the employer to penalties, including damages and attorneys’ fees.
Phath v. Central Transport: Why Self-Disclosed Criminal History is Now Protected
In the case of Phath v. Central Transport, a Pennsylvania applicant sued a national trucking company for refusing to hire him after he disclosed a 2008 felony conviction during the interview process.
The company argued CHRIA didn’t apply because the information was self-disclosed. A federal district court agreed and dismissed the case in 2024, however, in January 2025, the U.S. Court of Appeals for the Third Circuit reversed that ruling.
The PA appellate court concluded that CHRIA protections depend on what type of information was used, not where it came from. That means criminal history information remains protected under CHRIA even when the employer learns about it directly from the applicant. The case now returns to the lower court for further proceedings, but its impact is already shaping CHRIA compliance expectations across the state.
3 Essential Compliance Takeaways for Pennsylvania Employers
The Phath decision reinforces that employers must treat all criminal history information with caution, no matter the source.
To minimize risk under CHRIA:
- 1. Evaluate your hiring procedures. Ensure policies clearly distinguish what information can be considered during hiring.
- 2. Focus on relevance. Only consider convictions that relate directly to the applicant’s fitness for the role.
- 3. Notify in writing. Always provide a written notice if a decision not to hire is based on criminal history record information.
Protect Your Business: How MBM Law’s Employment Attorneys Can Help
CHRIA compliance touches nearly every aspect of the hiring process, from how interviewers ask questions to how background reports are evaluated.
MBM Law’s Labor & Employment Practice Group helps employers:
- Audit job application and interview procedures for CHRIA compliance.
- Create customized written notification templates for applicants.
- Develop HR training to handle self-disclosed criminal history appropriately.
- Review vendor background check processes for FCRA compliance.
- Stay informed as case law continues to redefine employer obligations under CHRIA.
Contact Our Employment Attorneys
MBM Law attorneys Christina Lane, Pete Halesey, and Krisha DiMascio counsel businesses throughout Pennsylvania on employment compliance matters, including CHRIA, FCRA, and HR policy development.
To ensure your hiring practices meet state and federal requirements, contact MBM Law’s Labor & Employment team or call 412-242-4400.
Christina Lane is an accomplished school, and labor and employment attorney representing public sector employers. She has extensive knowledge and experience with Title IX and often serves as a third-party investigator.