Philadelphia’s Fair Criminal Record Screening Standards (also known as the Fair Chance Hiring Law or “ban the box” ordinance) first went into effect in 2016, with revisions enacted in 2021 that clarify employer responsibilities regarding applicants with a criminal history. The city of brotherly love is living up to its name, with amendments to the original law and a continued commitment to providing second chances for job applicants.
On September 25, 2025, the Philadelphia City Council unanimously passed a bill amending and expanding the existing law, applying to employers operating or hiring in Philadelphia. The amendment was signed by Mayor Cherelle Parker on October 8, 2025. Below, we have broken down these amendments into a high-level overview of five key changes that employers hiring and operating in Philadelphia should be aware of.
Five key changes employers should know
Starting January 6, 2026, amendments to Philadelphia’s Fair Criminal Record Screening Standards will significantly alter how employers are permitted to consider criminal history when making employment and hiring decisions.
1. The four-year misdemeanor lookback rule
Employers may now only consider misdemeanor convictions if the arrest or release from incarceration occurred within the past four years. This shortens the previous seven-year lookback period. However, felony convictions will remain subject to the seven-year period.
2. Summary offenses are now off limits
Employers cannot consider summary offenses, which are minor infractions under Pennsylvania law often resolved with a citation or fine. It is important to note that background reports could potentially still include these offenses, but employers are responsible for ensuring that decisions are based solely on legally permissible information.
3. Updated protections for sealed and expunged records
Employers will no longer be permitted to consider expunged or sealed criminal records, even if they appear in background checks or PennDOT driver history reports. Before making a final decision, employers must allow applicants to provide proof of sealing or expungement.
4. Clearer employer guidelines on adverse action
Under previous regulations, employers were already required to notify candidates when taking adverse action based on criminal history and allow an opportunity for a rebuttal. However, earlier rules only specifically required notice after a final decision had been made. Starting on January 1, 2026, employers will be required to issue written provisional notice before finalizing adverse action decisions based on permissible criminal history. The notice must include:
- Specific convictions under consideration
- A copy of the background check used
- Plain-language explanation of applicant rights
- Clear instructions for response
Following this, applicants will have 10 business days to submit evidence of error, rehabilitation, or mitigation. The Philadelphia Commission on Human Relations is authorized to provide templates and guidance to assist employers in complying with the new regulations.
5. Candidates and employees are granted reinforced anti-retaliation protections
Presumed employer retaliation may apply if adverse action is taken within 90 days of an applicant or employee asserting their rights. This does not mean that adverse action is not permitted within 90 days; rather, it must be justified. As part of the 2026 revision to the law, employers will be required to demonstrate that adverse action is based on just cause and unrelated to retaliation for exercising candidate or employee rights.
For the full details and amendments to Philadelphia’s Fair Criminal Record Screening Standards, take a look at the full text here.
More updates to ban the box and second chance laws are likely in 2026
Since June 2025 alone, we have covered new and amended second chance and ban-the-box law updates in Maryland, Virginia, Washington State, and Washington, D.C. These changes reflect a growing attitude that individualized assessments, transparency, anti-retaliation protections, and context matter when considering criminal history. As views continue to shift slowly but consistently, Philadelphia mirrors a national trend toward fair chance hiring practices across the U.S.
HR professionals everywhere should monitor similar developments in states and jurisdictions where they hire and operate, and review hiring policies to ensure compliance with evolving standards.
This content is for informational purposes only and shall not constitute legal opinion or advice. Consult your legal counsel to ensure compliance.
