Legal Question in Criminal Law in Pennsylvania

retail work with theft background

Having a summary retail theft charge on my record will make me unable to work in retail?


Asked on 1/30/08, 10:35 am

1 Answer from Attorneys

John Gibson John W. Gibson, Esquire

Re: retail work with theft background

This was a question recently addressed by three of the attorneys here and the answers were slightly different. My view is that it is arguable whether or not an employer may make a hiring decision on the basis of a summary conviction. The summary conviction is a matter of public record but a statute provides that an employer may only consider felonies and misdemeanors in a Criminal Record History that directly relate to the job for which an applicant is being considered.

Some attorneys may take the position that this would preclude an employer from consideration of summary offenses and they may be right but I'm not aware of any cases in point.

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Answered on 1/30/08, 2:04 pm


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