Pennsylvania Code
Title 37 - LAW
Part IV - Municipal Police Officers' Education and Training Commission
Subpart C - Law Enforcement Officer Hiring and Separation
Chapter 241 - LAW ENFORCEMENT BACKGROUND INVESTIGATIONS-TEMPORARY REGULATIONS
EMPLOYMENT INFORMATION
Section 241.5 - Background investigations

Universal Citation: 37 PA Code ยง 241.5

Current through Register Vol. 54, No. 44, November 2, 2024

(a) Request for disclosure of employment information.

(1) A prospective employing law enforcement agency shall request employment information from an applicant's former employing law enforcement agencies. The request shall be on a form promulgated by the Commission and signed by the prospective employing law enforcement agency's chief of police or other authorized representative. The request shall include an authorization and release signed by the applicant.

(2) An applicant's former employing law enforcement agency shall:
(i) Maintain employment information and records specified in section 7308 of the act (relating to maintenance of records) in accordance with the applicable retention and disposition schedules established by law.

(ii) Provide the prospective employing law enforcement agency access to the requested records within 30 days of receipt of the request.

(b) Request for background information.

(1) All prospective employing law enforcement agencies shall conduct:
(i) A criminal history check, including the submission of fingerprints to the State Police Central Repository and the Federal Bureau of Investigation.

(ii) A check of the applicant's credit history.

(iii) Personal interviews with at least three people who have personal knowledge of the applicant but are not related to the applicant, nor are a member of the applicant's household.

(iv) Interviews of the applicant's employers, if any, for the past 5 years to determine the applicant's work history.

(v) A review of the applicant's employment information from each previous law enforcement employer to determine the applicant's law enforcement work history.

(vi) A check of the applicant's driving history that includes a review of all traffic violations and verification that the applicant has a valid driver's license.

(vii) A verification of the applicant's eligibility to lawfully possess a firearm.

(2) A prospective employing law enforcement agency may establish higher standards for background investigations of applicants if those standards are not contrary to State or Federal law.

(3) If an applicant is prohibited from possessing, using or controlling a firearm under State or Federal law, the applicant may not be employed as a law enforcement officer in a position which requires possession, use or access to a firearm, except as provided for under section 925 of the Gun Control Act of 1968 ( 18 U.S.C.A. § 925) , regarding exceptions: relief from disabilities.

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