The law applies broadly when an employer learns about an applicant’s criminal history—no matter how that information comes to light. 

“Job hunting is never easy; having a criminal conviction makes it much harder.” 

That’s the opening sentence of a recent major ruling upholding the protections of the Pennsylvania’s Criminal History Record Information Act (CHRIA), and a reality that many people with criminal records face. To help job seekers overcome barriers to employment, the law reflects Pennsylvania’s longstanding public policy that people with criminal records should not be excluded from work based on stigma. It puts rules on when and how employers may rely on criminal history in hiring decisions. 

Outten & Golden joined the National Employment Law Project and a coalition of advocates in raising concerns about how some courts had interpreted the law. A narrow interpretation, they warned, would contravene the state’s strong public policy favoring fair access to employment and undermine CHRIA’s goal to protect people from being unfairly excluded. 

On Jan. 28, the U.S. Court of Appeals for the Third Circuit agreed. It held that CHRIA has broad coverage. 

The Court Rejected a Narrow Reading That Undermined Pennsylvania Policy 

The Third Circuit shut down an argument some employers have made—that CHRIA applies only when criminal history information comes from a formal background check process. 

The court explained that CHRIA applies whenever an employer is “in receipt of information” that is part of an applicant’s criminal history. It doesn’t matter whether the employer learns that information through a background check or the applicant’s own disclosure. 

In plain terms: Pennsylvania’s fair‑chance rules apply whenever an employer learns about an applicant’s criminal history. 

If the employer argument had succeeded, it would have put applicants in an impossible bind. Employers could simply ask applicants to self‑disclose convictions. An honest response could lead to immediate rejection without any recourse under CHRIA. But staying silent and letting the information surface in a background check could lead to rejection—or even termination—for failing to disclose. 

The Case Behind the Ruling 

As alleged, Rodney Phath applied for a truck driving job with Central Transport, a position that can require holding a commercial driver’s license and accessing secure ports. He was a strong candidate and got an interview. 

The company said it would conduct a background check, and Phath told Central Transport what it would reveal: a fifteen‑year‑old armed robbery conviction for which he served six months behind bars. 

According to the complaint, Central Transport rejected him immediately, without evaluating whether the conviction was related to his ability to perform the job. 

Phath sued under CHRIA. The district court dismissed his case, siding with Central Transport’s argument that CHRIA did not apply because the information came from Phath himself.  

Why the Court Blocked the “Honesty Loophole” 

Had the employer’s argument succeeded, it would have undercut the purpose of Pennsylvania’s fair‑hiring law. 

The court emphasized that CHRIA focuses on what kind of information an employer receives, not how the employer obtains it. Nothing in the statute says it only applies when criminal history information comes from a background check that draws from a state agency or a government database, the Third Circuit said. 

Why This Decision Matters 

Pennsylvania has made a clear policy choice: people should not be shut out of work opportunities just because they have a criminal history. 

But fair‑chance laws only work if courts enforce them as intended.  

The court’s decision reinforces that policy. By rejecting efforts to narrow CHRIA through technical distinctions about how criminal history comes to light, the court ensured that Pennsylvania’s fair‑chance protections apply in real‑world hiring conversations—not just on paper. 

Pennsylvania’s Fair‑Chance Hiring Law Applies Broadly 

The Third Circuit’s decision confirms what Pennsylvania’s fair‑chance law is meant to do in practice: protect job applicants when criminal history comes up in the hiring process. 

If you have a criminal record and believe an employer denied you a fair chance at work, you may have legal rights under Pennsylvania law. Contact Outten & Golden LLP to speak with an attorney about your options. Our intake team is available at 866-772-4133, Monday to Friday, 8:30am to 9pm Eastern time. 

This was co-written by Jon Steingart, Senior Content Strategist at Outten & Golden LLP.