{"id":6995,"date":"2022-07-15T21:07:43","date_gmt":"2022-07-15T19:07:43","guid":{"rendered":"https:\/\/blinkx.com\/?p=6995"},"modified":"2022-07-15T21:07:43","modified_gmt":"2022-07-15T19:07:43","slug":"background-check-pa","status":"publish","type":"post","link":"https:\/\/businessfinancenews.com\/background\/background-check-pa\/","title":{"rendered":"background check pa"},"content":{"rendered":"
When searching criminal background check (PA) records, there is a loophole that allows anyone to request and receive specific records from the state repository as of April 2021, due to Freedom of Information Act (FOIA) laws.<\/p>\n
Every state has its own FOIA procedures in place. In Pennsylvania, public records, including criminal background information, are accessible to would-be employers, landlords, banking institutions, professional certification agencies, and others using a written (or online) request.<\/p>\n
The Pennsylvania Police Department offers instructions on how to obtain criminal records. Anyone can mail an $8 money order with their request payable to the Commonwealth of Pennsylvania to the following address if unable to submit the criminal record\u2019s request online:<\/p>\n
Mail requests to:<\/p>\n
Pennsylvania State Police Central Repository-164<\/p>\n
1800 Elmerton Avenue<\/p>\n
Harrisburg, PA 17110-9758<\/p>\n
By writing to the repository and paying the fee, this loophole allows anyone to obtain information on someone\u2019s criminal convictions (including those for yourself), charges that exist no more than 3 years from the date of recent arrest (and that have not been disposed), and any warrants that have been issued (as long as the information has been sent to the PA repository).<\/p>\n
Those who need a criminal background check PA can access Pennsylvania\u2019s Access to Criminal History portal or P.A.T.C.H., an online repository kept by the state and maintained under the Pennsylvania Criminal Information Act<\/strong> detailed in Chapter 91 of the Title 18 Crimes Code.<\/p>\n P.A.T.C.H. provides direct access to public criminal record history requests, using an email or digital request, as well as access to dispositions (the final decision by the court) on most criminal cases through a Pennsylvania Judiciary website that provides a review of court dockets.<\/p>\n Almost anyone can get an \u201cauthorized inquiry\u201d to request a criminal background check through the Pennsylvania Police website, and the patch system thanks to the loophole provided by the state.<\/p>\n To request a criminal history by mail first downloading a form:<\/p>\n The following steps can be used to perform a search:<\/p>\n For volunteers, this process is less expensive, so the option to search for a volunteer check can be used when doing background checks for volunteers.<\/p>\n<\/p>\n If the search is being used for a volunteer position or organization, the $22.00 fee is waived.<\/p>\n<\/p>\n The form is slightly different for an individual making a criminal background check PA, than for a company.<\/p>\n<\/p>\n The confirmation system is done through email, so double check your entries to ensure they\u2019re correct.<\/p>\n Volunteers who need a background check can follow a separate set of instructions, if required:<\/p>\n In Pennsylvania, any U.S. citizen can request public records under Section 102 of the Right-to-Know Law.<\/p>\n Pennsylvania is among 41 states that don\u2019t require someone requesting records to reside within the state.1<\/sup> The following states require background checks for employment:<\/p>\n Pennsylvania FOIA laws allow agencies to charge fees for postage, reprinting, duplication, electronic access, or any other fees that are deemed needed for providing information to the public.<\/p>\n The fees for requesting access to criminal background check records are minimal.<\/p>\n Pennsylvania Criminal History Background Check Fees are as follows:<\/p>\n Pennsylvania FOIA laws suggest that an agency, including those listed below, must respond within 5 days to any formal request. This applies to state and local background checks that are usually immediately accessible online.<\/p>\n However, an FBI criminal background check usually takes a bit longer. Complete processing from the time an individual submits an application to the final results can vary but is normally 4 to 6 weeks. If the results don\u2019t come back within 6 weeks, call 783-6211 or (877) 371-5422.<\/p>\n However, digital fingerprinting services can expedite the federal background search, reducing the time it will take to get results.<\/p>\n There are some record-keeping agencies that must comply with FOIA requests.4<\/sup> Public records from these Pennsylvania agencies can be accessed through FOIA.<\/p>\n Pennsylvania statute 52 pa. codes 29.504 and 29.505 require that drivers and common carriers that transport passenger companies (like taxis, Uber drivers, Lyft drivers, etc.) maintain driver history records for at least two years as well as criminal history records for at least three years, and that these are available for public perusal via FOIA requests.3<\/sup><\/p>\n The loophole for obtaining Pennsylvania background check records in regard to employer use is clear. The Criminal History Record Information Act, 9101 and 9183 state:<\/p>\n The loophole for obtaining Pennsylvania background check records in regard to prospective personnel who will work with children is covered under the Pennsylvania General Assembly Title 23. It mandates criminal background checks for anyone who will provide childcare or work with children and covers all childcare providers in Pennsylvania.<\/p>\n The Pennsylvania District Attorney\u2019s Office administers and enforces Title 23.<\/p>\n For those who need the results of their own background check as it pertains to a potential child welfare position, they can visit the Child Welfare Information Solution website (CWIS) to create an account, and fill out their application.<\/p>\n Before starting the application they may want to access old tax records or other files they have to recall all the residences lived in since 1975, as well as all the people lived with. These will be needed for the application. The solution website provides immediate results, or they can download an application to submit by snail-mail at Keep Kids Safe.<\/p>\n Under Title 24, potential employees who will work at private or public schools must obtain state and federal background checks that include criminal history. Title 24 covers current and potential employees, as well as contractors and temporary workers who have direct contact with children. The Pennsylvania District Attorney\u2019s Office administers and enforces Title 24.<\/p>\n All potential employers must run the following searches on potential employees at private and public schools alike:<\/p>\n For those who abuse the mandates to report criminal activity or maintain records on employees in Pennsylvania, there is a website set up to protect whistleblowers with the PA Human Resources Department.<\/p>\n Criminal background check PA does not come without penalties for those who don\u2019t report criminal activity or refuse to maintain the mandated records<\/strong> as outlined in Pennsylvania\u2019s FOIA laws. School administrators and others required to file background checks periodically on their employees are subject to legal action if a possible violation is found.<\/p>\n If regulators and the Pennsylvania Public Attorneys\u2019 office find that there is a violation, the school is notified in writing, and that there was a willful violation within Sec. 1-111 of the Code.<\/p>\n Federal background checks are part of Pennsylvania\u2019s state criminal background check (PA) mandates.<\/p>\n Pennsylvania uses an electronic fingerprinting vendor, IDEMIA, for Federal Bureau of Investigation (FBI) criminal history background checks. This addition to the background check law is now required due to Act 114 of 2006, 24 PS 1-111 which was amended as Act 61 in 2008.<\/p>\n Before 2017 this was only a requirement for out-of-state applicants, but now covers anyone living in or outside of Pennsylvania.<\/p>\n Expedited FBI background checks can sometimes be completed in less than 24-48 hours as long as everyone involved signs off on the expedited check. The process happens through a third party called a channeler:<\/p>\n<\/p>\n Since employment often hinges on a background check\u2019s information, and Pennsylvania has mandates for employers to conduct these checks prior to hiring, it may be worth it to use a third party to expedite the FBI background check. However, it is not a requirement.<\/p>\n For anyone needing to know what is on their criminal background check (PA) in Pennsylvania, or for those who must follow mandates to run background checks on their employees, it is important to understand Pennsylvania\u2019s FOIA loophole, in order to keep background check information up-to-date and accurate.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":" When searching criminal background check (PA) records, there is a loophole that allows anyone to request and receive specific records from the state repository as of April 2021, due to Freedom of Information Act (FOIA) laws.Every state has its own FOIA procedures in place. In Pennsylvania, public records, including criminal background information, are accessible to<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_kad_blocks_custom_css":"","_kad_blocks_head_custom_js":"","_kad_blocks_body_custom_js":"","_kad_blocks_footer_custom_js":"","_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"footnotes":""},"categories":[75],"tags":[],"yoast_head":"\nStep 1. Navigate to the PATCH Website and choose the records check search required (Submit a New Record Check)<\/h3>\n
Step 2. Accept the terms of use agreement that appears on the next page.<\/h3>\n
Step 3. Choose \u2018individual\u2019 or \u2018company\u2019 search.<\/h3>\n
Step 4. Complete the personal information section (red asterisks mark required information).<\/h3>\n<\/p>\n
Step 5. Submit the search and enter payment information, and if requesting a notarized report, pay the additional $5.00 fee.<\/h3>\n
Conducting an Authorized Inquiry for PA History Search Using PATCH for Volunteers Only<\/h2>\n
Step 1. Navigate to the PATCH Website and choose the records check search required (Volunteer Only)<\/h3>\n
Step 2: Read the terms and conditions and accept the Volunteer Acknowledgment Section at the bottom of the page.<\/h3>\n
Step 3: Enter all the information requested including the name of the volunteer organization, its address, and phone number.<\/h3>\n
Step 4: Navigate to the Records Check Results Page. Click the Control Number listed there.<\/h3>\n
Step 5: Click Certification Form, and choose the name of the person the background check will be conducted on.<\/h3>\n
Step 6: Take note of the request date and control number to provide to the human resources department where volunteering.<\/h3>\n
Step 7: Human resources can expect to receive one of the following results from the inquiry:<\/h3>\n
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Who Can Check Pennsylvania Criminal History Records?<\/h3>\n
\n\n
\n Type of Background Check Required<\/b><\/td>\n States Requiring Criminal Background Check<\/b><\/td>\n<\/tr>\n \n Statewide and FBI for Specific Individuals<\/td>\n Alaska, Nebraska, New Mexico, North Carolina, South Carolina, Ohio<\/td>\n<\/tr>\n \n Statewide and FBI for Everyone<\/td>\n Delaware, Washington D.C., Florida, Idaho, Michigan, Missouri, Nevada, New York, Oklahoma, Utah<\/td>\n<\/tr>\n \n Statewide for Everyone<\/td>\n Arizona, Maine, Maryland, Massachusetts, Missouri, New Hampshire, Oregon, Virginia, Wisconsin<\/td>\n<\/tr>\n \n Statewide for All, FBI for Some Individuals<\/td>\n Arkansas, Colorado, Indiana, Kentucky, Pennsylvania, Washington<\/td>\n<\/tr>\n \n Statewide for Some Individuals<\/td>\n California, Iowa, Kansas, Louisiana, Rhode Island, Texas, Vermont<\/td>\n<\/tr>\n \n No requirements<\/td>\n Alabama, Connecticut, Georgia, Hawaii, Montana, New Jersey, North Dakota, South Dakota, West Virginia, Wyoming<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Can an Agency Charge for Background Information?<\/h2>\n
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How Long Does an Agency Have to Find Criminal Background Check PA Information?<\/h3>\n
Pennsylvania Criminal History: Mandatory Criminal Background Check (PA) Laws<\/h2>\n
PA Driver History Records<\/h3>\n
Employer Use of Criminal History Records in PA<\/h3>\n
Prospective Childcare Employees\u2019 Criminal History Records in PA<\/h3>\n
Prospective Employees of Private and Public Schools Criminal History Records in PA<\/h3>\n
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Pennsylvania State Abuse History Clearance<\/h2>\n
Penalties Outlined in Pennsylvania State Criminal History Searches<\/h2>\n
Federal Criminal History Search Addition to PA<\/h2>\n
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