Pennsylvania background check laws for employers

Pennsylvania's rule: only convictions that relate to the job

Pennsylvania doesn't set a statewide stage for criminal history questions. Its Criminal History Record Information Act lets employers consider felony and misdemeanor convictions only to the extent they relate to the candidate's suitability for the job. If the employer rejects a candidate wholly or partly because of their criminal history, it must tell them in writing.

Philadelphia adds a fuller fair chance process. On top of both, the federal FCRA process applies whenever a background check company runs the report.

Philadelphia's fair chance law

Philadelphia's law covers employers with one or more employees in the city, including gig and rideshare work. Employers can't ask about or check criminal history until after a conditional offer. If a job ad says a background check will be run, it must also say that any record will be assessed individually.

Amendments in force since January 6, 2026 narrowed what employers can consider: felonies only within seven years and misdemeanors only within four, counted from the arrest or release from prison, whichever is later. Summary offenses and sealed or expunged records are off-limits, even when they show up on a driving record.

The employer weighs each conviction against the job, and before a final decision sends a notice with the record, its reasons and how to respond. The candidate has ten business days.

Records Pennsylvania employers can't use

Employers can't require disclosure of or use expunged records or records under limited access, Pennsylvania's Clean Slate sealing, except where federal law requires it. Arrests without a conviction and summary offenses don't count under the state's job-relatedness rule, which covers felonies and misdemeanors only.

Pittsburgh and cannabis

Pittsburgh's fair chance ordinance, in force since August 2023, covers work under city contracts. Contractors determine that a candidate is qualified, make a conditional offer and only then check convictions.

Pennsylvania's medical marijuana law protects certified patients from adverse action based only on their patient status. Philadelphia has banned pre-employment marijuana testing since January 1, 2022, with exceptions for jobs such as commercial driving and roles that supervise children or care for patients. Pittsburgh added protections for medical patients in 2024.

Reporting limits and driving records

Pennsylvania has no separate limit on how far back a report can go. Under the federal FCRA, convictions can be reported regardless of age; most other negative records are limited to seven years, except for jobs paying $75,000 a year or more. Philadelphia's limits above apply to how employers in the city use records.

PennDOT charges $14 for a driving record in PROFID's published fee table. An employer requests it with Form DL-503, signed by the driver.

What a Pennsylvania check costs

PROFID's packages are $27.99, $49.99 and $74.99 per candidate on the review date; current prices are on the pricing page. On top of the package come passthrough fees like those above: $22 for the statewide PATCH criminal search and $14 for a driving record. See what drives the cost of a background check and the full passthrough fee table.

General information as of November 6, 2026, not legal advice. Coverage depends on the work location, employer size, role and records involved, and laws and fees change. Check the rules for each place where your employees work before relying on them. Fees are from PROFID's fee table, version April 22, 2026.