Amendments to Philadelphia's Fair Criminal Record Screening Standards took effect on January 6, 2026. They shorten how far back employers can look, take more records off the table and add to what job ads and notices must say.
What changed
Shorter lookback. Employers can consider a misdemeanor only if fewer than four years have passed, and a felony only if fewer than seven years have passed, since the underlying arrest or release from incarceration, whichever is later.
More records off-limits. Summary offenses can't be considered. Sealed or expunged records can't be used even when they appear on a background check or a driving record, and candidates can show proof of sealing.
Job ads. If a posting says the employer will run a background check, it must also say that any record will be assessed individually.
Stricter standard. The amendments tighten when a record can justify rejecting a candidate and list examples of rehabilitation evidence employers must consider.
What stays the same
The law covers employers with one or more employees in the city, including gig work. Criminal history is checked only after a conditional offer, and before a final decision the candidate gets the record, the reasons and ten business days to respond.
What employers should do
- Filter reports by date. Exclude misdemeanors and felonies outside the four- and seven-year windows before review.
- Update job ad templates that mention a background check.
- Revise the preliminary notice to list the specific convictions, the record used and how to respond.
All Pennsylvania background check rules for employers →
FAQ
How far back can Philadelphia employers look?
Four years for misdemeanors and seven for felonies, counted from the later of the arrest or release from incarceration.
How long does a candidate have to respond?
Ten business days before the final decision.