Philadelphia Employers: Prepare Now for New Criminal Record Screening Restrictions

Employers who hire in the City of Philadelphia should review their procedures to ensure compliance

Here is a summary of the recent amendments to the Fair Criminal Record Screening Standards Ordinance (FCRSS) in the City of Philadelphia — for the benefit of employers who conduct background checks and make employment decisions in the city/county.

Background

Philadelphia’s FCRSS (also known as its “fair-chance” or “ban-the‐box” law) was originally adopted in 2011 to restrict when and how employers may ask about, receive or act on an individual’s criminal record. Over time, the law has been expanded (notably in 2016 and 2021) to broaden its scope to include more employers, current employees, independent contractors and gig-workers. Now, in late 2025 the City Council passed further amendments (Bill No. 250373-A) that will take effect on January 6, 2026.

For employers, these latest changes reinforce:

  • further limitations on what criminal history you may consider,

  • enhanced procedural safeguards before taking adverse action, and

  • expanded protections for applicants, employees and contractors.

Key Substantive Changes to Criminal History Consideration

Here are the principal substantive amendments employers in Philadelphia should be aware of:

  1. Look-back period for misdemeanors shortened
    The amendments cut the look-back period for misdemeanor convictions. Employers may not consider a misdemeanor conviction that is more than four years old (measured from conviction or from release from incarceration, whichever is later). Felony convictions remain subject to the older seven-year look-back rule.

  2. Summary offences excluded entirely
    The law now makes clear that employers must not consider summary offences (the lowest level of offences under Pennsylvania law) in employment decisions. These must be disregarded entirely.

  3. Expunged, sealed or limited-access records off-limits
    If a criminal record has been sealed or expunged (or subject to limited access), an employer may not treat it as a basis for adverse employment decisions. If such a record nonetheless appears in a driver-record or other background check, the employer must allow the individual to provide proof of sealing or expungement before relying on it.

  4. Restrictions on considering arrests without conviction
    The existing rule (which prohibits consideration of non-conviction records for arrests that did not lead to conviction) remains in place.

  5. Clarified definitions and expanded scope
    The amendments clarify various terms such as “incarceration,” “job advertisement,” and “adverse action,” expanding the definition of “employment process” to include promotions, raises, terminations and re-employment decisions for employees, independent contractors and gig workers.

What Employers Should Do Before Taking Adverse Action

In addition to the federal pre-adverse action notice requirements under the Fair Credit Reporting Act (FCRA) when using a consumer-reporting agency, the amended FCRSS mandates additional notice requirements before an employer may reject a job applicant (or adversely act on an employee) based on criminal history. Key steps:

  • Provide a pre-rejection notice (i.e., before the final adverse decision is made) containing:

    1. A plain-language summary of the individual’s rights under the FCRSS;

    2. A statement that the employer will accept and consider evidence of any error in the criminal history record and evidence of rehabilitation or mitigation; and

    3. Instructions for how the individual may submit such evidence or explanation directly to the employer.

  • Provide a copy of the background report (if any) upon which you rely, allow at least ten business days for the individual to respond with evidence of inaccuracy or mitigation. (This ten-day period is consistent with earlier versions of the law.)

  • Conduct an individualized assessment of the criminal record’s relevance to the specific job duties and whether the applicant (or employee) would present an unacceptable risk. Typical factors to include:

    • Nature and seriousness of the offence;

    • Time elapsed since offence or incarceration;

    • Applicant/employee’s employment history before/after offence;

    • Duties of the job applied for;

    • Character or employment references;

    • Evidence of rehabilitation.

Credible Rebuttal/Mitigation Evidence Employers Must Consider

The 2025 amendments explicitly list factors of “credible evidence” an applicant/employee may submit in response to a pre-rejection notice. Employers must review these where submitted:

  • Completion of a mental-health or substance-use disorder treatment program.

  • Completion of a job-training program.

  • Completion of a GED or post-secondary education program.

  • Service to the community (volunteer or public service).

  • Documented work history in a related field since the time of conviction/incarceration.

  • Current occupational licensure, commercial driver’s licence or other licensing necessary to perform the specific job duties.

Employers should ensure their individualized assessment process is able to account for such information and document how it was considered.

Summary of Key Employer Action Items

  • Review and update all job-application materials, pre-offer screening policies and background-check practices to reflect the new look-back rules and prohibitions (four years for misdemeanors, exclusion of summary offences, no reliance on expunged/sealed records).

  • Ensure job advertisements or notices that mention background checks must state that any background check consideration will involve an individualized assessment tailored to the job and the record.

  • Revise your pre-adverse action/rejection notice templates to include: summary of rights, statement about considering mitigation/rehabilitation, instructions on how to submit mitigation evidence; and allow minimum ten business days.

  • Train hiring managers, HR and screening vendors on the updated law — especially the need for individualized assessments, and documentation of decisions.

  • Audit your screening vendor practices to ensure they aren’t automatically reporting summary offences, or older misdemeanors beyond four years, and that their report-delivery processes enable your compliance.

  • Document carefully the basis for any adverse decision: connection between the conviction and the job duties, the risk posed, time elapsed, rehabilitation proof, and why the individual was or was not selected.

  • Additionally, watch for the strengthened anti-retaliation protections: adverse action taken within 90 days of an individual exercising their rights under the ordinance may raise a rebuttable presumption of unlawful retaliation.

Conclusion

The City of Philadelphia’s amended FCRSS raises the bar for employer compliance with criminal-history screening. With the effective date of January 6, 2026 approaching, employers operating in Philadelphia must take proactive steps to revise screening policies, train staff and ensure that all criminal record decisions are job-related, individually assessed, and free of automatic exclusion for summary offences, older misdemeanors or expunged/ sealed records.

 

Fair Screen is a background screening company dedicated to helping employers fairly use criminal records in the hiring process. Contact Us to learn more about how a well-tuned screening process can speed the time to hire, include more job applicants, and help ensure your consistency and compliance. Help us make a difference!

 

 

The foregoing content is not given as legal advice but is instead offered for informational purposes only. Fair Screen is not a law firm and therefore cannot offer legal advice. We always recommend speaking with an attorney who is knowledgeable about your company’s individual circumstances prior to making any hiring decisions or policy changes. Fair Screen makes no assurances regarding the accuracy or completeness of this content.