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Pennsylvania background check laws for employers
Pennsylvania has no statewide rule on when private employers may ask about criminal history, but the Criminal History Record Information Act lets employers consider only felony and misdemeanor convictions that relate to the job, and requires written notice when a record leads to a no-hire. Clean Slate law seals many older records automatically, and employers may not ask about or use those records. Philadelphia has a much stricter fair-chance law, amended effective January 6, 2026.
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Fair-chance hiring (criminal history)
- When an employer has an applicant's criminal history record information, it may use it in deciding whether to hire only as this section allows (18 Pa.C.S. § 9125(a)).
- Employers may consider only felony and misdemeanor convictions, and only to the extent they relate to the applicant's suitability for the job applied for (18 Pa.C.S. § 9125(b)).
- If the decision not to hire is based in whole or in part on criminal history record information, the employer must tell the applicant in writing (18 Pa.C.S. § 9125(c)).
- State law sets no point in hiring before which private employers must wait to ask about criminal history (18 Pa.C.S. § 9125).
City and county rules
- Philadelphia: the Fair Criminal Record Screening Standards cover employers with one or more employees, with some exceptions (Phila. Code ch. 9-3500; Philadelphia Commission on Human Relations).
- Philadelphia: employers may not ask about criminal records on applications or in interviews, or run a criminal check, until after a conditional offer of employment, reemployment, promotion or raise (Phila. Code § 9-3509 poster, updated 7/2026).
- Philadelphia: since January 6, 2026, employers may consider only felony convictions within 7 years and misdemeanor convictions within 4 years of conviction or release from custody, whichever is later (FCRSSO amendments enacted Oct. 8, 2025).
- Philadelphia: employers may never consider summary offenses, arrests without conviction, expunged or sealed convictions, or juvenile records, and may not have a blanket ban on people with convictions (Phila. Code § 9-3509 poster, updated 7/2026).
- Philadelphia: the employer must do an individualized assessment (the offense, time passed, work history, job duties, rehabilitation) and may take back the offer only if hiring would pose a specific unacceptable risk (Phila. Code § 9-3509 poster, updated 7/2026).
- Philadelphia: a notice of intent to run a criminal check must say the check will include an individualized assessment (FCRSSO amendments, effective Jan. 6, 2026).
- Philadelphia: a written notice of intent to rescind must include a summary of rights, the basis and documents relied on, a statement that errors and rehabilitation will be considered, how to respond, and notice of 10 business days to respond (Phila. Code § 9-3509 poster, updated 7/2026).
- Philadelphia: adverse action within 90 days after a person uses their rights under the law may be presumed to be retaliation (FCRSSO amendments, effective Jan. 6, 2026).
State consumer report rules
- No separate Pennsylvania consumer reporting law for employment was found; the state-specific step is the written notice when criminal history leads to a no-hire (18 Pa.C.S. § 9125(c)).
How far back a report can go
- Because only felony and misdemeanor convictions may be considered, summary offenses and arrests without conviction may not be used in hiring (18 Pa.C.S. § 9125(b)).
- Clean Slate seals ("limited access") many second- and third-degree misdemeanor convictions after 7 years without a new conviction and with restitution paid, plus non-conviction records and summary convictions after 5 years (18 Pa.C.S. § 9122.2(a)).
- Act 36 of 2023 added automatic limited access for certain qualifying offenses after 10 years without a new conviction (18 Pa.C.S. § 9122.2(a)(1.1)).
- Unless federal law requires it, employers may not ask about or use records that were expunged or given limited access, and the person may answer as if the offense did not happen (18 Pa.C.S. § 9122.5(a), (a.1)).
- An employer that hires someone with an expunged or limited-access record is immune from claims arising from misconduct tied to that record (18 Pa.C.S. § 9122.6(a)).
- State Police reports to employers leave out arrests more than 3 years old with no recorded disposition and no pending case (18 Pa.C.S. § 9121(b)(2)(i)).
Credit checks
- No Pennsylvania state law limiting employer use of credit reports was found beyond the federal FCRA (18 Pa.C.S. § 9125 covers only criminal records).
Also good to know
- Nursing facilities, home health care agencies, personal care homes, domiciliary care homes and older adult daily living centers must get a State Police criminal history report (and an FBI check for recent out-of-state residents) from job applicants (6 Pa. Code §§ 15.2, 15.141).
Common questions
Can Pennsylvania employers run a background check?
Pennsylvania has no statewide rule on when private employers may ask about criminal history, but the Criminal History Record Information Act lets employers consider only felony and misdemeanor convictions that relate to the job, and requires written notice when a record leads to a no-hire. Clean Slate law seals many older records automatically, and employers may not ask about or use those records. Philadelphia has a much stricter fair-chance law, amended effective January 6, 2026.
Does Pennsylvania have a ban-the-box law for private employers?
When an employer has an applicant's criminal history record information, it may use it in deciding whether to hire only as this section allows (18 Pa.C.S. § 9125(a)).
How far back does a background check go in Pennsylvania?
Because only felony and misdemeanor convictions may be considered, summary offenses and arrests without conviction may not be used in hiring (18 Pa.C.S. § 9125(b)).
Can Pennsylvania employers run credit checks on applicants?
No Pennsylvania state law limiting employer use of credit reports was found beyond the federal FCRA (18 Pa.C.S. § 9125 covers only criminal records).
Some rules for Pennsylvania weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- 18 Pa.C.S. § 9125 (PA General Assembly, official)
- 18 Pa.C.S. § 9121 (PA General Assembly)
- 18 Pa.C.S. § 9122.1 (PA General Assembly)
- 18 Pa.C.S. § 9122.2 (PA General Assembly)
- 18 Pa.C.S. § 9122.5 (PA General Assembly)
- 18 Pa.C.S. § 9122.6 (PA General Assembly)
- 6 Pa. Code § 15.141 (Pennsylvania Code, official)
- 6 Pa. Code § 15.2 (definitions)
- Philadelphia Fair Chance Hiring poster, updated 7/2026 (citing Phila. Code § 9-3509)
- Philadelphia FCRSSO amendments notice (enacted Oct. 8, 2025, effective Jan. 6, 2026)
- Philadelphia: file a complaint about criminal record discrimination in employment (PCHR)
- Philadelphia Fair Chance Hiring Law poster page (PCHR)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.