Pennsylvania teachers must report DUI and other offenses

Filed under: Criminal Law, DUI by Contributor @ July 17, 2012

If you are a teacher at any Pennsylvania school (K-12), an amendment passed to the Pennsylvania School Code may have a significant effect on your employment – if you have been convicted of a misdemeanor of the first degree, a felony, or have driving under the influence convictions. The amendment concerns criminal background checks that are required by the School Code, specifically section 1-111.

In addition to the enumerated offenses found in section 1-111(e)(1), primarily geared at protecting the safety of children, the new law also includes three additional sections that cover conviction of felony offenses as well as any first degree misdemeanor offense. The other section, dealing with DUI offenses, reads:

(3) If the report of criminal history record information indicates the person has been convicted more than once for an offense under 75 Pa.C.S. § 3802(a), (b), (c) or (d)(relating to driving under influence of alcohol or controlled substance) and the offense is graded as a misdemeanor of the first degree under 75 Pa.C.S. § 3803 (relating to grading), the person shall be eligible for prospective employment only if a period of three years has elapsed from the date of expiration of the sentence for the most recent offense.

For a felony conviction, a prospective employee is eligible for a position in a school only after ten years have elapsed from the date of expiration of the sentence for the offense. For misdemeanors of the first degree, the period for eligibility is five years. For a DUI offense other than a first degree misdemeanor, eligibility is three years.

Current employees who have been convicted of one of the enumerated offenses or fall into the category of one of the catch-all provisions must disclose this to the school. Depending on what the offense is, failing to disclose the new offenses may result in dismissal and even criminal and civil penalties.

If you are a teacher or will be entering the field and you are confused as to how a conviction will affect your ability to be hired, call our office immediately for a consultation and further assistance in knowing your rights and getting hired.

73 comments:

  1. John Smith says:

    28 year old daughter convicted of first offense DUI earlier this year. Entered and completed ADR program. On six month probation until around January/February. Considering going to school to earn her teaching certification. What is the impact of the DUI on teaching in pa? Thanks

  2. Don’t say she was convicted since if she successfully completed ARD she was only arrested and never convicted. She should apply for expungement, which is part of the reason that someone enters the ARD program, and that will remove her record from everywhere but her PennDOT record, where is remains for 10 years before being automatically purged. That said, no one can give her a clean bill of health for the future as programs and standards can change at any time. I am aware of people with prior ARD completion getting teaching jobs, but the legislature could change that at any time. For what it’s worth, if teaching is her passion I think she should go for it, but she has to know there is a risk of not being hired in the future.

  3. Christine says:

    At the age of 19 I had two d.u.i’s, I am turning 28 this year and going to school for early education. Will I be able to get a teaching license in Pennsylvania?

  4. The answer is maybe. The grading of the DUI’s is important. Please email me privately with the grading and whether you got ARD or were convicted, along with specifying any other charges that were involved and the disposition. Do you have that information?

  5. Jessica says:

    If I had gotten a DUI as a minor (age 17) and successfully completed the juvenile probation given and never gotten in any other trouble , will this effect my ability to get a job in teaching?

  6. This should not be a problem. Best of luck. Steve

  7. Andrea says:

    I was a certified school counselor in PA ( I have not worked as a counselor for ten years.) I would like to apply for positions to re enter the field. My issue is that I was convicted (first offense DUI ) about a year ago. I am unable to have it expunged because there was a minor in the car at the time of incident. I was ultimately not charged with child endangerment ( my lawyer was able to have this charge removed ) so a criminal check will just indicate first time DUI conviction. I am wondering if eligible to re enter my field with this charge? I read there is a 3 year ineligibility period but also a 5 one as well. I am unable to obtain any clear answers regarding this issue. Could you give me any guidance on this?

  8. There are two issues. First, can you get a license. The best way to be sure of this is to call the Pennsylvania Department of Education or have a lawyer do that for you anonymously. The exact conviction and grading can make a difference. Second, will a school hire you if this shows up on your background check. I think that answer varies from school to school. I’ve seen many people hired despite DUI charges but have also seen someone fired for a first offense DUI where he got ARD and was never convicted.

  9. Amanda says:

    I am a teacher and possibly facing a dui charge for operating an atv under the influence. It would be my first charge. Am I required to report this charge to my school?

  10. I don’t think you have to report the arrest because it is not proof that you did anything wrong, but you should hire a lawyer to research, via your school and the PSEA, whether you have to report a conviction.

  11. Thomas says:

    I was arrested for DUI it’s my first time, I was also driving with suspended liciense . I work with youth in the community and school setting will I be fired if I report it to my employer?

  12. I have worked with lots of individuals arrested for DUI who work in a school setting and were not fired. I have also worked with individuals who were fired. I think it is rare that teachers are fired for a first offense DUI but it certainly could happen. Familiarize yourself with the precedent in your own school. If there is an employee manual I would suggest reading the portion of that pertaining to criminal offenses.

  13. Jessica Q. says:

    My friend has his masters in elementary education. He worked for a public School district here in PA. He was a phenominal teacher! He had to leave his position due to diabetes, unrelated to his offenses. He completed his sentence with house arrest, fines and breathalizer in his car. Learned his lesson. It’s been over 6 years since it happened. He was born to teach. Can he get back into teaching now? It’s killing him that he can’t do what he was born to do. The reason for the DUI’s, unforseen divorce that blind sided him.

  14. DUI convictions do not automatically bar employment as a teacher. I have other clients who have gotten DUI convictions and are still teaching. He should look into applying for work. If he cannot find a job then we should talk about expungement / sealing (may be too soon) or a governor’s pardon.

  15. Shana L says:

    A fellow teacher was arrested yesterday for a first offense DUI. He was told there will be a court hearing in about a month/ month and a half. Does he need to report this to the school district now, or should he wait to see the outcome of the court hearing?

  16. This is a fact specific question. It depends on the school’s rules. You should look for a section on reporting, discipline, or misconduct in the employee manual or rules.

  17. AJB says:

    I know someone who was hired in a PA school district as a custodian . After almost 3 months into employment they let him go because of a DUI that occurred over 2 years ago. That was his 2nd DUI. His 1st occurred 10 years ago. He was up front and honest with them from the begging about the DUI. He also had ALL clearances up front prior to hiring him . He was cleared for hiring by the school board which we have an email to confirm .

    He went they ARD, 30 day out patient program, 90 day house arrest , and finished up his probation with no issues

    Can the school district do this ? Do they take other things into consideration? I don’t understand the law .

    They let him go with very little information. We are still waiting on the letter .

    Just looking for some guidance on this .

  18. The best thing to do in this situation would be to get a consultation with a good employment lawyer regarding whether there is a viable wrongful termination claim.

  19. John says:

    Hi Steven, I am attending graduate school to become a school counselor. I had a DUI in 2011 that I received ARD for. My ARD has been processed to be expunged. I pled guilty to a second offense high rate of alc .1 – .16 in 2015. 30 day – 6 month punishment. However two charges of endangerment were added for probation reasons. Each charge carries a probationary punishment of 2 years, but they are grade M2. Would my three years begin after the six month punishment for the DUI charge? Or after the two charges added for probation reasons?

  20. You need to look at the section that pertains to protecting children (section 1-111(e)(1)) to see if the endangering charges you pled to might be covered. If they aren’t then you are likely fine, as in my experience your DUI conviction does not sound like it was a first degree misdemeanor, so the quoted portion of the statute in the blog article would not apply. You should really hire a lawyer to look at your record and the statute. It’s too hard for me to give a solid opinion based on the information provided.

  21. John says:

    I believe your office represented me on this second DUI.

  22. Matt says:

    Hi. I was convicted of felony possession of marijuana when I was 19 years old. I finished my sentence and parole more than 12 years ago. I’m now 42 years old holding a MS in biology and am interested in becoming a secondary school biology teacher. Will I be able to get certified? Thanks!!

  23. Even if you can get certified, you may have a very hard time finding a job. I suggest you contact PSEA about the certification question: https://www.psea.org/for-members/your-profession/background-checks/ . Either way you should contact us about obtaining a Governor’s Pardon, which may help you. Steve

  24. John says:

    I recently had a hearing to have my ARD from 2011 expunged. I received a second DUI in 2015. I was told that because of my second offense that my record was unable to be expunged. I completed my ARD requirements in May of 2012. I had believed that the ARD would be automatically expunged, but I missed the time frame on this by a couple of months. Would I be able to appeal this decision, or is there anything else I can do?

  25. You can definitely appeal, so long as you file your appeal within 30 days of the Order. I have had no problem having ARD expunged where it was completed and then later another arrest occurred.

  26. Lynn says:

    I have been a teacher going on 20 years. I am currently looking at working at a school in PA. I have a drug charge from NC (Class I felony) from 2001. I am in the process of getting it expunged; but not sure WHEN NC will complete this. How should I respond to the question about previous convictions?

  27. The truthful answer at this point, assuming you were convicted, is that you were convicted. If there are any gray areas in the facts or the question you are being asked then you should really have a private consultation with a qualified lawyer.

  28. W.W. says:

    Hi Steve,

    I am a sub working on my cert. Last December I was charged with DUI/controlled substance and possession of marijuana. I was recently placed in ARD.

    I recently got a letter from the PA DOE stating they are not filing charges/disciplinary action. They encouraged me not to have this happen again, etc.

    As I think about applying for a renewal of my emergency cert, there is a question on the application: are you under investigation by law enforcement, do you have pending charges?

    I was wondering if I have to choose ‘yes’ for this question since I’m not under investigation and DOE has already investigated. But ARD may constitute pending charges, I don’t know. Any insight would be much appreciated. Thank you.

  29. AJ says:

    Hello,

    I am a sub w/ emergency cert. Working on my full time cert. I was charged with DUI (marijuana) and recently received ARD which I’m going through. On my renewal application, it asks: are you under investigation by law enforcement or have pending charges. Do I need to answer yes? The DOE is already aware of my charges and sent me a letter stating no disciplinary measures will be taken.

  30. If you are on ARD probation then the case is pending and the truthful answer is yes, you have pending charges. Anything else risks them not hiring you for not being truthful, when it sounds like they may not hold your charges against you if you disclose them.

  31. CDS says:

    I accepted a position with an intermediate unit. In 2000 I was arrested for felony possession of marijuana. The charge was dismissed (nolle prosequi). On the initial application, it asks is I was ever convicted of a felony, which I was not. Now the “Reportable Offense” form (PDE 6004) asks if I was ever arrested or convicted. So I must disclose about the arrest. Will an arrest 18 years ago without a conviction make me banned?

  32. Pennsylvania employers are not supposed to take action upon a mere arrest, although there is an exception for certain employers and offenses and schools will generally terminate a teacher with an arrest for a serious offense and pending charges. You may be better off since your case was already resolved in your favor so there is no evidence upon which to base termination. If you are terminated you should consult a lawyer. You should also consult a lawyer (us) now to get your arrest record expunged, which can be done where all charges were dismissed.

  33. Kyla says:

    I had a DUI in New Jersey in 2006. I believe in NJ this is considered a traffic violation and does not go on a criminal record. Do I have to disclose this to be hired as a teacher in Pennsylvania?

  34. That will depend on the question you are asked on the application. If it asks if you were convicted of a crime, and if the NJ DUI is not a crime (ask a New Jersey lawyer about that), then you can probably truthfully answer such a question “no.” One of the risks though, if this shows on your record, will be that the school doesn’t understand NJ law and thinks you lied.

  35. Holly Olson says:

    18 years ago I was charged with a DUI at the age of twenty. I was placed on probation for two-years, spent five days in jail, and I participated and completed ARD classes. Recently I completed the educators program with a BS in special education and early childhood education. I recently applied to PDE and submitted all criteria for my teaching certification. What is the likelihood that my DUI in 2001 will cause PDE to reject my certification to teach in PA?

  36. If you successfully completed the ARD program you could have answered “no” to the question about prior convictions. Successful completion of ARD is not a conviction. This should not impede your ability to get certified. Convictions are a different story. They can result in needing a “good moral character” review and can ultimately preclude certification (or not, depending on the review).

  37. Danielle says:

    Hi Steven, I was recently involved in a minor car accident and am being charged with a third degree misdemeanor due to fleeing the scene. Is this something I should disclose to my employer? If found gulity I’m concerned it’s going to show up on my background check next summer. I don’t believe I would lose my job but I’m not certain.

  38. This charge does not make you statutorily ineligible to teach but you should check any employment agreement you may have to determine whether your employer can fire you for it. If you aren’t sure you should hire a lawyer to help you make this determination.

  39. Joe says:

    Hi Steven, I was wrongfully arrested for aggravated assault, but the charges were dropped and the arrest was expunged. Do I need to report this on a PDE 6004 form?

  40. If you were a teacher at the time of the arrest I think the statute requires that you report the arrest within 72 hours. It doesn’t matter if it was a wrongful arrest, so long as it was for an enumerated offense (which Aggravated Assault is). The more interesting question is if the charges were dropped before you got your teaching certification, would you have to report an expunged arrest. This would require some research – feel free to call me if you want. Steve Fairlie

  41. Dom says:

    Good afternoon Steven,
    I am a teacher for a charter school in Philadelphia and have applied for the School District of Philadelphia. I was offered a job and am filling out the paper-work. I had a first offense DUI in January 2018 and fulfilled the ARD program last year. Does that prohibit me from being hired from the school district?

  42. No, you are still eligible to teach under state law. However, you still could face an adverse decision in the hiring process.

  43. Renee says:

    I was caught with a small amount of marijuana and paraphernalia. At my court date my charge was reduced to disorderly conduct. I was ordered to do community service. I completed it and notified the judge the completion. I am applying for a part time position as assistant teacher at a high school. Will this summary offense show on a criminal background check and will that affect my employment?

  44. It might. Summary offenses can show up on publicly available docket searches. Different companies use different background check companies – there is not a uniform manner of reporting. You should probably look into expungement of the summary offense.

  45. Emmie says:

    I recently received a DUI just last week. I don’t have any information on it yet, but am supposed to student teach in the Spring. Will I be cleared to student teach? Will I be able to find a job for Secondary Math if I can get it expunged. How long might that take? It was my first offense.

  46. First, have the DUI evaluated by a high quality DUI lawyer. If you beat the case then there won’t be any consequences. Only a very good lawyer will understand all of the possible defenses. You will likely be able to student teach. You also should be able to find a job if you would otherwise find one – but much easier if you get it expunged. It normally takes about 6 months to resolve a case, 6-12 months of probation if you get ARD, and then expungement is possible (though not for 10 years if you are convicted).

  47. Maria says:

    Hey Steve, I have a loaded question I was charged with child endangerment, due to her young age my charge was a felony, child in youth also indicated me. I’m a nurse, I’m trying to get on ARD Program,

    can I still work as nurse since child in youth put me on indicated on my child abuse background check?
    Will I no longer be able to volunteer at my child school?
    Please help !
    -Marie

  48. To get a firm answer on a question like this you really need to have a discussion with a good lawyer revealing all of the facts of your situation. Sometimes it makes sense to appeal an “indicated” finding. But yes, such a finding can interfere with your ability to work as a nurse and volunteer at your child’s school. Talk with a good lawyer to see if you can find a way to get relief.

  49. Shar says:

    Hi

    I have a non criminal DWAI (alcohol)in NY. This is considered a traffic violation in NY and not a crime. I had to submit FBI clearances for a job here in PA and I believe this offense will show on my record though not ancriminal offense(I was fingerprinted and pledge guilty) and my pa employer not understand NY laws. Now I’m afraid it will seem as if I was hiding this. Any direction in what I can do ? I would like this just expunged it’s giving me so much trouble and sleeplessness nights.

  50. You are probably right that it will appear if you were fingerprinted. If it was a Misdemeanor your employer may consider it a crime even if it’s under the traffic code. That’s actually exactly how Pennsylvania handles it as well. I would be prepared to explain this to your employer if asked. You may also want to consult a New York lawyer to see if it can be expunged. We are only licensed in PA.

  51. Bill says:

    I received a Driving Under The Influence in 1992 in Georgia and entered a plea of Nolo Contendere. I’m entering the information to get an emergency teaching certificate to as a guest teacher for PA. It asks:

    “Have you ever been convicted of a crime classified as a misdemeanor or felony in this state or any other state, territory or country? (For purpose of this question, convicted includes pleas. However, summary offenses do not need to be acknowledged.)”

    How does the Nolo come into play since it was 25+ years ago and a lot of the look back discussion seems to be 10 years. Also does a Nolo mean it’s still a misdemeanor or does it change how it’s listed?

  52. Brock johnson says:

    I got a dui when I was 21 and last year a pfa was issued to me. I am currently 25 years old

  53. Joan says:

    Hello

    My husband has been a teacher with the same PA district for about 8 years now. He was arrested October 2018 for simple assault and harassment but the charges were dropped, and his arrest record expunged. However, those charges show on his fingerprinting. Can he be fired without a conviction and just on the basis of his arrest?

  54. Generally a person cannot be fired merely based on arrest in Pennsylvania. There must be a conviction – in fact, we have successfully recovered large sums of money from employers who failed to hire or fired employees based upon mere arrests. However, there are some exceptions to that rule (notably doctors, nurses and teachers). Please give us a call to hear all the facts of his case.

  55. A plea of nolo contendre still results in a conviction – it just means that you didn’t admit you committed the crime like you would in a guilty plea. Instead, you admitted that the Commonwealth would be able to prove it’s case at trial. Since the question asks “ever” it is not limiting the response to a ten year look back period. I believe the truthful answer here is “yes.”

  56. Robert says:

    Hello,

    I was arrested for Assault and Battery of a Family member in VA and domestic violence in Ohio. Both cases were dismissed and the records were expunged. Will I be able to get a teaching job in Philadelphia?

  57. You are certainly eligible to teach in PA if you meet all other requirements. Whether you get hired or not could be another story.

  58. Brittney says:

    In 2011 I was charged with possession of paraphernalia. I recently applied at a school for a teachers aide postion. I had honestly forgot about this charge until i got back my fbi clereance and it has the charge on there.will they denie me the postion for something 11 years old. I have no other convictions I paid all fines and cost.

  59. Old convictions can certainly be used to deny employment. You should give us a call to go over the details of your case and get further insight into the likelihood that this conviction will prevent you from getting the job.

  60. Tiffany says:

    Hi Steve,

    I had DUI in 2019 and completed the ARD program and had it expunged and am applying for a teacher aide position when it asks if I have ever been convicted of crime can I answer this question as “no” or do I have to select “yes” to this question

  61. This is a great question and one that I have seen lawyers answer both ways you suggested. Please call us to discuss it further as it’s not a simple answer.

  62. jane d says:

    Hi,
    I was arrested in December of 2021 for battery strike or touch in Florida. The case was dismissed but I haven’t had the money yet to get this expunged off my record. will this stop me from getting my graduate degree in school counseling?

  63. If you are asking about Pennsylvania I don’t think it prohibits you from getting a degree but getting licensed could be impacted depending on the grading. We do not have a crime called battery strike or touch here, though it sounds like it could be analogous to Summary Harrassment.

  64. Dennis says:

    Hello, similar question. Pa teacher, not tenured and was arrested for public intoxication. Plead guilty and take ARD? Will I lose my job? Do I have to disclose to admin? Should I lawyer up and plead not guilt with my fingers crossed? I want to switch schools soon and this will hurt me.
    Thanks.

  65. There are two concerns. First if you took ARD you were not convicted, and public drunkeness is not a first degree misdemeanor, so there is no prohibition on your working as a teacher. That said, it could come up on a background check and they could choose not to hire you, even though they are not required to not hire you. Because you were not convicted, they may not be legally able to consider the case, but we’ve seen that happen before anyway. You should hire a good lawyer to make sure that your record has been properly expunged. We would be happy to help you. Steve

  66. Zebidia says:

    PA teacher
    DUI by lab tests marijuana with small amount marijuana in possession
    ARD

  67. ARD is not a conviction so you will not need to report that (you might want to read the definitions to make sure this hasn’t changed as these posts are not monitored for changes in the law). I’m assuming you have no prior offenses since ARD is generally for first time offenders (though sometimes a good lawyer can get around that).

  68. Bryan says:

    Had a Dui about 15 months ago. Almost finished ARD. I’m already certified as school counselor but not working in the field currently but recently had interviews. My state police is not showing any charges, I guess since it’s a nonconviction and ARD. Will my FBI show the charge? I know some of the new clean slate and HR laws are limiting what potential employers can see.

  69. This sounds strange to me. The state police record will show arrests until they are sealed or expunged. If you are still on ARD probation then that hasn’t happened in your case, so it should show up. You might want to verify one more time, and also check the online docket. I would expect this record to be on your FBI record but for the fact that they would normally get the record from PSP, and in your particular case you are saying that does not exist. Either way you should hire a good lawyer to handle your expungement immediately after you complete ARD – we are seeing lots of cases of people who rely on a free court expungement, or lawyers who are not thorough, and then the case comes up on a background check even after the expungement is done and we find out that the online docket or PSP record is still there. Also note that some services will verify your record via an online database, and they don’t always update their records promptly after an expungement. Steve

  70. Jeff Gilpin says:

    I’ve had three DUIs the last one being 16 years ago. I have just recently been accepted for an instructor job at a vocational school. Will that hold any bearing on my employment?

  71. Initially, you are not barred from teaching because more than three years have elapsed since your last sentence was served and you were only convicted of misdemeanor DUI’s. Under current law you might have a felony and the analysis would be different. However, there is the second hurdle that the school can still consider your convictions in connection with your employment. If they have already seen the background check and took no action then you should be fine.

  72. Chris says:

    I completed ard 2 years ago for a dui but bc of poor choices received a 2nd dui. Is my teaching career over? Should I resign?

  73. No, but you must get a good lawyer and determine what grading your new DUI is likely to end up as, and whether you might have any defenses to it. Here is the relevant statutory language to help guide you, but you really should have a lawyer interpret this for you and evaluate whether there may be a way to win or downgrade your new case:
    (3) If the report of criminal history record information indicates the person has been convicted more than once for an offense under 75 Pa.C.S. § 3802(a), (b), (c) or (d)(relating to driving under influence of alcohol or controlled substance) and the offense is graded as a misdemeanor of the first degree under 75 Pa.C.S. § 3803 (relating to grading), the person shall be eligible for prospective employment only if a period of three years has elapsed from the date of expiration of the sentence for the most recent offense.

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