Is it legal to deny employment to a person who has summary offenses?

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Is it legal to deny employment to a person who has summary offenses?

I interviewed for a position for a phlebotomist position at a laboratory where I completed my clinical externship. I completed the application and checked yes to the question regarding criminal background. My background was never mentioned during the interview and I was hired. I am concerned when my background check returns with conviction I will be fired. My offenses are summary harassment and retail theft. I also have and arrest that was nolle pross. I researched that in my state only felony and misdemeanors can be used in the hiring process. Is this information correct?

Asked on May 8, 2012 under Employment Labor Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are correct that in the employment field one typically cannot be denied employment in and of itself simply because he or she has a summary offense (charge was dismissed before any conviction resulted). However, when an employer interviews a person, there are many factors that go into the thought process to hire or not hire an individual including prior issues with the law.

Unfortunately, having a prior brush with the law ultimately is a negative factor for the prospective employee.


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