Pennsylvania
Pennsylvania: CHRIA Protects Voluntarily Offered Criminal History Information
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APPLIES TO All Employers with Employees in PA |
EFFECTIVE JAN 28, 2026 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
A recent decision from the U.S. Court of Appeals for the Third Circuit has expanded the scope of Pennsylvania’s Criminal History Record Information Act (CHRIA) by holding that the law may apply even when an employer receives criminal history information directly from a job applicant rather than through a background check.
The case, Phath v. Central Transport, arose after a driver applicant disclosed during the hiring process that he had a 2008 armed‑robbery conviction. After learning of the conviction, Central Transport informed him that he would not be hired, prompting the applicant to sue under CHRIA for allegedly relying on criminal history information that did not relate to his suitability for the position and for failing to provide the required written notice.
A federal district court dismissed the suit in 2024, concluding that CHRIA did not apply because the employer obtained the information through the applicant’s voluntary disclosure rather than from a state criminal history record. On appeal, however, the Third Circuit rejected that interpretation, instead holding that CHRIA’s protections turn on the type of information received, not the source from which the employer obtained it. Because felony convictions are within the definition of “criminal history record information,” the court found that such information does not lose its protected status simply because an applicant self‑discloses it rather than the employer obtaining it through a formal background check.
The court also addressed CHRIA’s exemptions under Section 9104, which exclude certain public sources such as court records and police blotters. Importantly, the court held that those exemptions did not apply in this case because the employer did not obtain information from an exempt source, but rather from the applicant himself, a source that does not appear among the statutory exemptions. As a result, the court concluded that the applicant’s disclosure still qualified as criminal history record information for purposes of CHRIA.
The ruling confirms that information may be protected under the statute even when voluntarily disclosed by an applicant, and employers may consider felony or misdemeanor convictions only when they relate to the applicant’s suitability for the position.
Action Items
- Review and update hiring and application procedures for compliance with CHRIA requirements, even when information is voluntarily disclosed.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase