Will a College, University, Etc., Deny Me Employment Even with an Expungement

[das1000me]

My question involves labor and employment law for the state of: Pennsylvania

Good day, all.

First off, ever since my first day on this site, I received invaluable information from CBG, ESteele and others - thanks! After reading "expungement" posts from other concerned folks, another question came to mind...

I had a 2009 simple assault charge, marked "withdrawn/dismissed," on my criminal background report. I filed with the courts and had it expunged. (I received the official letter from the courts in April 2012 that the charge was, in fact, expunged.) My question is, even though the SA charge was expunged, will a College, University or The Department of Education turn me down for employment? If so, what other companies might opt me out for employment even with an expungement?

Thank you.

[Beth3]

So you were charged but never convicted and/or granted deferred adjudication? And then had the charge expunged?

Nobody can answer your question with certainty but it seems quite unlikely that an expunged charge would interfere with your employment prospects.

[ESteele]

Thank you for your gracious compliment!

OP, you may want to check or ree-check the expungement statute in PA. Without doing the research, I would nonetheless presume that the statute allows the affected individual to deny the existence of the underlying criminal offense and that it precludes an employer from taking adverse action against an individual who has an expunged criminal record.

Additionally, PA has a relatively robust employment discrimination statute forbidding “irrational” disparate treatment against “ex-offenders.” In the vast majority of conceivable circumstances, an employer in PA would run afoul of the law by denying an individual employment because he or she had an expunged criminal record.

With respect to your question about employers which may be exempted under the state expungement statute, again I would recommend you study the statute on your own. I would presume that law enforcement agencies are exempt. Consequently, if you sought to become a police officer in PA, for example, you probably would have to disclose your underlying simple assault charge. Again, in contrast, with most other non-law enforcement job opportunities, you have the statutory right to deny the existence of the criminal charge in light of the expungement order.

[das1000me]

You're quite welcome - and thank you, again, for all of your advice.

It seems like I'm a victim, twice. My simple assault charge was the result of a domestic abuse situation wherein I threw an ashtray at my husband in an effort to keep him at bey. My aim is usually horrible, but in that instance I hit him on the forehead. When the police (whom I called) arrived at our home, they saw a bit of blood on his forehead and took us BOTH in. During the hearing, I explained what happened and the court "withdrew/dismissed" the case. I thought the charge would not show up at all, but it did. I filed for expungement and it was granted, but I still see it on several of the Internet CB check companies. Even though they have it listed as "withdrawn/dismissed," I'm sure the companies (behavioral health, education, medicine, working with children) I have applied to are not interested in the WHY behind the charge - they just see me as a troublemaker!?

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Thank you, Beth3.