The U.S. Court of Appeals for the Third Circuit recently clarified that the Pennsylvania Criminal History Record Information Act (CHRIA) applies the same to criminal history information provided voluntarily by a candidate, as it does to information provided by a consumer reporting agency, governmental records custodian, or similar third party. As a result, when an employer receives self-disclosed criminal history information, the employer may consider it only to the extent it relates to the candidate’s suitability for the specific position. If the employer decides not to hire the candidate based on such criminal history record information, the employer must provide them with written notice of that decision. Running afoul of CHRIA could result in statutory damages of at least $100 per violation, reasonable attorneys’ fees and costs, and potentially punitive damages ranging from $1,000 to $10,000.

Checkr Takeaway: Pennsylvania employers and employers hiring in Pennsylvania should treat self-disclosed criminal history information the same way they treat it if it had been obtained from a background check report. This means, for example, conducting a position-specific relevance assessment and complying with typical adverse action procedures.