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Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 9125 (2026)

  Use of records for employment.

✓ current as of May 2026
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§ 9125.  Use of records for employment.

(a)  General rule.--Whenever an employer is in receipt of information which is part of an employment applicant's criminal history record information file, it may use that information for the purpose of deciding whether or not to hire the applicant, only in accordance with this section.

(b)  Use of information.--Felony and misdemeanor convictions may be considered by the employer only to the extent to which they relate to the applicant's suitability for employment in the position for which he has applied.

(c)  Notice.--The employer shall notify in writing the applicant if the decision not to hire the applicant is based in whole or in part on criminal history record information.

(Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 11, 1982, P.L.476, No.138, eff. 180 days)

 

1982 Amendment.  Act 138 amended subsec. (b).

Notes of Decisions
Cited in 22 cases (6 in the last 5 years), 1987–2026 · leading case: Daryoush Taha v. Cnty. of Bucks, 862 F.3d 292 (3rd Cir. 2017).
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Daryoush Taha v. Cnty. of Bucks, 862 F.3d 292 (3rd Cir. 2017). “See 18 Pa. Cons. Stat. §§ 9125 , 9151, 9153. 10 .”
Negron v. Sch. Dist. of Philadelphia, 994 F. Supp. 2d 663 (E.D. Pa. 2014). · cites it 3× “He claims violations of article I, section 1 of the Pennsylvania Constitution (count I) and Pennsylvania’s Criminal History Record Information Act, 18 Pa. Cons.Stat. Ann. § 9125 (count II).”
Deal, M. v. The Child.'s Hosp. of Philadelphia, 223 A.3d 705 (Pa. Super. Ct. 2019). “18 Pa.C.S. § 9125(a) (“Whenever an employer is in receipt of information which is part of an employment applicant’s criminal history record information file, it may use that information for the purpose of deciding whether or not to hire the applicant, only in accordance with…”
Foxworth v. Pennsylvania State Police, 402 F. Supp. 2d 523 (E.D. Pa. 2005). “Section 9125, which addresses consideration of criminal history with respect to applications for all employment, states that "felony and misdemeanor convictions may be consideréd .”
El v. Se. Pennsylvania Transp. Auth., 418 F. Supp. 2d 659 (E.D. Pa. 2005). “Efforts to conciliate the matter apparently proved unsuccessful and Plaintiff instituted this lawsuit on June 4, 2001, alleging violations of Title VII, the Equal Protection Clause of the Fourteenth Amendment to the U.”
Commonwealth v. D.M., 695 A.2d 770 (Pa. 1997). “Title 18 Pa.C.S. § 9125 forbids any employer from denying employment on the basis of an arrest not resulting in conviction.”
King v. Gen. Info. Servs., Inc., 903 F. Supp. 2d 303 (E.D. Pa. 2012). “18 Pa.C.S. § 9125, part of the Criminal History Record Information Act, 18 Pa.”
El v. Se. Pennsylvania Transp. Auth., 297 F. Supp. 2d 758 (E.D. Pa. 2003). “In addition, as Article I Section I of the Pennsylvania Constitution and the Pennsylvania Criminal History Record Information Act, 18 Pa.C.S. § 9125(b) both reflect, it is against the public policy of the Commonwealth to summarily reject an individual for employment on the…”
Frankowski v. State Civil Serv. Comm'n, 68 A.3d 1020 (Pa. Commw. Ct. 2013). “the removal; 2) whether the Commission abused its discretion by disregarding competent evidence, and/or basing its conclusions on wholly arbitrary grounds; 3) whether the Commission erred by failing to apply merit-based criteria in its evaluation; 4) whether the Commission…”
Croley v. Jewish Residential Servs., Inc. (W.D. Pa. 2025). · cites it 4× “” 18 Pa. C.S. § 9125. It then defines “criminal history record information” as: (i) “[i]nformation collected by criminal justice agencies”3; (ii) “arising from the initiation of a criminal proceeding,”—e.”
Deal, M. v. The Child.'s Hosp. of Philadelphia, 2019 Pa. Super. 346 (Pa. Super. Ct. 2019). “18 Pa.C.S. § 9125(a) (“Whenever an employer is in receipt of information which is part of an employment applicant’s criminal history record information file, it may use that information for the purpose of deciding whether or not to hire the applicant, only in accordance with…”
Dietz v. Round Hill Foods Inc., 49 Pa. D. & C.3d 222 (1987). “Plaintiff contended that an accused’s presumption of innocence and the Criminal- History Record Information Act, 18 Pa.C.S. §9125, expressed a mandate of public policy against his discharge.”
Show all 22 citing cases →
— 18 Pa. Cons. Stat. § 9125(a) — 5 cases
Deal, M. v. The Child.'s Hosp. of Philadelphia, 223 A.3d 705 (Pa. Super. Ct. 2019). “18 Pa.C.S. § 9125(a) (“Whenever an employer is in receipt of information which is part of an employment applicant’s criminal history record information file, it may use that information for the purpose of deciding whether or not to hire the applicant, only in accordance with…”
Deal, M. v. The Child.'s Hosp. of Philadelphia, 2019 Pa. Super. 346 (Pa. Super. Ct. 2019). “18 Pa.C.S. § 9125(a) (“Whenever an employer is in receipt of information which is part of an employment applicant’s criminal history record information file, it may use that information for the purpose of deciding whether or not to hire the applicant, only in accordance with…”
Croley v. Jewish Residential Servs., Inc. (W.D. Pa. 2025). “” 18 Pa. C.S. § 9125. It then defines “criminal history record information” as: (i) “[i]nformation collected by criminal justice agencies”3; (ii) “arising from the initiation of a criminal proceeding,”—e.”
Azadpour v. Amcs Grp., Inc. (E.D. Pa. 2020).
Gates v. The Grier Found. (M.D. Penn. 2024).
— 18 Pa. Cons. Stat. § 9125(b) — 3 cases
El v. Se. Pennsylvania Transp. Auth., 297 F. Supp. 2d 758 (E.D. Pa. 2003). “In addition, as Article I Section I of the Pennsylvania Constitution and the Pennsylvania Criminal History Record Information Act, 18 Pa.C.S. § 9125(b) both reflect, it is against the public policy of the Commonwealth to summarily reject an individual for employment on the…”
Frankowski v. State Civil Serv. Comm'n, 68 A.3d 1020 (Pa. Commw. Ct. 2013). “the removal; 2) whether the Commission abused its discretion by disregarding competent evidence, and/or basing its conclusions on wholly arbitrary grounds; 3) whether the Commission erred by failing to apply merit-based criteria in its evaluation; 4) whether the Commission…”
Rossini v. Pnc Fin. Servs., Inc. (W.D. Pa. 2020).
— 18 Pa. Cons. Stat. § 9125(c) — 1 case
Peebles v. Chain Iq Americas, Inc. (E.D. Pa. 2024).
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