These four states all add something to the federal framework, and what each adds is different. Washington restricts when you may look, New York requires a statutory multi-factor analysis, New Jersey bars the question from the application, and Pennsylvania limits what you may consider. An employer hiring across the group needs four processes or one process built to the strictest of them.
Washington: the Fair Chance Act
Washington's Fair Chance Act prohibits an employer from asking about criminal records, or obtaining information about them, until after the employer has determined the applicant is otherwise qualified for the position. That is a distinctive formulation: the trigger is a qualification determination rather than an interview or a conditional offer, which means the timing depends on where in your own process you decide somebody meets the requirements. Advertisements may not state that people with criminal records need not apply, and enforcement sits with the Attorney General.
New York: Article 23-A is a required analysis
New York's Correction Law Article 23-A prohibits denying employment because of a conviction unless there is a direct relationship between the offence and the job, or employment would involve an unreasonable risk. It sets out eight specific factors to be considered, including the state's public policy of encouraging employment of people with criminal records, the bearing of the offence on fitness, the time elapsed, the age at the time, the seriousness, and evidence of rehabilitation. New York City's Fair Chance Act adds a further process on top, with its own notice and response period.
New Jersey: the question leaves the application
The New Jersey Opportunity to Compete Act bars an employer from making an oral or written inquiry about an applicant's criminal record during the initial employment application process, which runs from the first inquiry to the conclusion of the first interview. After that the employer may ask, subject to restrictions on considering expunged and pardoned records. Job advertisements may not state that applicants with criminal records will not be considered.
Pennsylvania: relation to suitability
Pennsylvania's Criminal History Record Information Act provides that felony and misdemeanour convictions may be considered only to the extent they relate to the applicant's suitability for the position, and that an employer must notify the applicant in writing where the decision to deny employment was based in whole or in part on criminal history information. Philadelphia adds its own fair criminal record screening standards with a conditional offer requirement and a defined lookback. As always the city rule is the one most often missed.
Questions people ask about background check washington state
When can I ask about criminal history in Washington?
Not until you have determined the applicant is otherwise qualified for the position. The trigger is your own qualification determination rather than an interview or conditional offer.
What does New York's Article 23-A require?
That a conviction may only bar employment where there is a direct relationship to the job or an unreasonable risk, assessed against eight statutory factors including time elapsed, seriousness and evidence of rehabilitation.
Can I ask about convictions on a New Jersey application form?
No. The Opportunity to Compete Act bars inquiry during the initial application process, which runs until the conclusion of the first interview.
What does Pennsylvania require?
That convictions be considered only to the extent they relate to suitability for the position, and written notice to the applicant where the denial was based in whole or part on criminal history information.