Philadelphia Releases Additional Guidance on Fair Chance Hiring Amendments

In October 2025, Philadelphia revised its Fair Criminal Record Screening Standards Ordinance (FCRSSO), changing the processes and criminal history considerations used in employment and hiring decisions. These changes went into effect on January 6, 2026.

Many employers have been anticipating further clarification from the Philadelphia Commission on Human Relations (PCHR), and on April 28, 2026, they finally received it. While we covered many of these changes in November 2025, we want to take some time to share clarifications the PCHR released in a one‑page guidance document summarizing the six major changes to the law.

Additional context: Four clarifications to our November 2025 update

We covered a high-level overview of the amendments in our November article. Below are additional clarifications from the recent PCHR guidance released on April 28, 2026, that were not previously covered.

1: Notification requirement to candidates before conducting a criminal background check

New guidance clarifies that, in addition to notifying candidates with a detailed provisional notice before taking adverse action, employers must also notify candidates before running a criminal background check. Employers are explicitly required to “state that the background check will include an individualized assessment based on specific record, job duties, and job requirements.”

2: Collaboration with the PCHR to determine risk

New guidance clarifies that employers must maintain sufficient documentation for review if considering adverse action, and background check report results cannot determine risk alone. Before a candidate is determined to be too high risk, employers will need to communicate sufficient findings with the PCHR to determine if a prospective employee is an “unacceptable risk” to a business.

3: Clarity on employer rehabilitation considerations for adverse action

If taking adverse action, employers are required to provide the candidate with:

• A notice of rights under FCRSSO
• The basis for adverse action, including a copy of the relevant criminal history and documents that led to the decision
• A statement of acceptance of consideration for evidence of errors and rehabilitation, as well as the types of evidence that will be considered
• Instructions on how and where to submit a response, with a notice of 10 days to provide a response
  

In addition to notifying candidates of their right to respond with evidence of rehabilitation, new guidance from PCHR clarifies that employers must actively consider any evidence submitted by applicants or employees of rehabilitation. This includes, but is not necessarily limited to:

• Employment history before and after the offense
• Character or employment references
• Completion of treatment programs
• Completion of job training or educational programs

4: More information on the lookback scope

In November, we shared an update on changes that limit consideration of misdemeanor convictions to four years and remove expunged records, sealed records, and summary offenses from consideration altogether. Recent guidance provides additional clarity on felony offenses that may expand the lookback scope in some circumstances. Employers considering eligible felony convictions under the seven-year lookback rule may consider either the conviction date or the date of release from custody if it occurred within the previous seven years, whichever is later.

You can find the additional guidance from the PCHR, released on April 28, 2026, here. Previous and finalized versions of the 2025 FCRSSO amendments can be found here.

The broader picture for ban-the-box and fair chance hiring

While the guidance does not resolve every compliance question, it provides clarity on how Philadelphia expects employers to implement the recent amendments. Philadelphia’s amendments reflect a broader trend toward moving from general bans and blanket policies to more fine-tuned regulations that give employers clearer guidance for compliance, a stronger understanding of candidate rights, and improved transparency with candidates.

Fair chance hiring and “ban-the-box” laws are expanding nationwide, and Philadelphia’s amendments to its Fair Criminal Record Screening Standards Ordinance show that we aren’t ready to close the book on how second chances in hiring are defined just yet. Employers that operate in or hire in Pennsylvania or other jurisdictions with a ban-the-box or fair chance hiring law should consult with their legal counsel before taking any action related to initial interview stages, background check processes, disclosures, and other compliance obligations.

This content is for informational purposes only and shall not constitute legal opinion or advice. Consult your legal counsel to ensure compliance.