Summary Convictions and Background Searches

Summary Offenses and Background Searches

Summary offenses—both charges and convictions—can appear on publicly accessible databases. If a record is publicly available, background search companies can find it and report it to employers or landlords who request a background check.

A common misconception is that one universal, all-inclusive criminal record exists and is easily accessible to background search companies. That is not the case. Instead, multiple databases store different types of information.

• In Pennsylvania:

  • The Pennsylvania State Police (PSP), Administrative Office of Pennsylvania Courts (AOPC), and Pennsylvania Department of Transportation (PennDOT) maintain different records.

  • Most summary offenses—such as Underage Drinking or Public Drunkenness—do not require fingerprinting. As a result, those cases typically appear only in the AOPC database, not the PSP.

  • Summary offenses like Retail Theft or Carrying a False Identification Card require fingerprinting, so both PSP and AOPC keep a record.

  • Misdemeanors and felonies—such as Possession of Marijuana, DUI, or Aggravated Assault—always require fingerprinting, which means both PSP and AOPC will have records of those cases.

Will a Conviction Appear on a Background Search?

Whether a conviction appears on a background search often depends on what information the employer requests. Employers tell the search company what type of records to check, and the report is tailored to that request.

Many people wonder why an employer wouldn’t just request all available information. The answer is cost. Accessing multiple databases is expensive, so employers often limit the scope of a search to control costs.

• Some employers request only felony convictions.

• Others request felonies and misdemeanors.

• Some request all criminal offenses, which includes summary convictions.

A summary conviction can appear on a background search if the search company checks the right databases. If it shows up in the report, an employer may consider it in the hiring process.

Expungement

The best way to avoid record issues is to prevent a conviction in the first place. If charges are dismissed, the case is immediately eligible for expungement. An experienced defense attorney can often improve the chances of securing a dismissal.

If a conviction has already occurred, Pennsylvania law allows for expungement of summary convictions after the individual has remained crime-free for five years.

For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.