Philadelphia Employers Face New Compliance Challenges When Considering Criminal Records

Seyfarth Synopsis: On October 8, 2025, Philadelphia Mayor Cherelle Parker signed significant amendments to the City’s “Fair Criminal Record Screening Standards” ordinance, further restricting how employers may use criminal history information and expanding procedural requirements before taking adverse action. Employers with workers in Philadelphia should promptly evaluate their screening practices and update their policies, notices, and vendor processes to ensure compliance.

Background: The Original Ordinance

Enacted in 2015, Philadelphia’s “Fair Criminal Record Screening Standards” ordinance requires employers to defer any criminal‑history inquiries until after extending a conditional offer of employment, and to remove all criminal‑history questions from job applications and other pre‑offer materials. Employers may not consider convictions older than seven years (excluding periods of incarceration), and they must conduct an individualized assessment before rejecting an applicant based on criminal history.

If an employer declines to hire an applicant for a job opening based in whole or part on criminal‑record information, the employer must:

• Provide written notice of the decision and its basis;
• Provide a copy of the criminal history report; and
• Allow the applicant ten (10) business days to contest the accuracy of the report or offer additional context.

The ordinance includes limited exemptions where contrary federal, state, or local requirements mandate or authorize the inquiries or actions otherwise restricted.

2021 Amendments

On January 20, 2021, the City expanded the ordinance’s scope by:

• Broadening the definition of “employee” to include independent contractors, transportation network drivers, rideshare drivers, and other gig‑economy workers;
• Extending coverage to both applicants and current employees; and
• Permitting employers to inquire about and consider pending criminal charges, subject to existing individualized‑assessment requirements.

2025 Amendments: Additional Restrictions and New Obligations

On October 8, 2025, Philadelphia enacted further amendments, once again significantly tightening the rules governing criminal‑history use.

1. Narrowed Lookback Periods and Prohibited Records

Employers may not consider:

• Felony convictions more than seven years old, excluding periods of incarceration;
• Misdemeanor convictions more than four years old, excluding periods of incarceration; and
• Summary offenses, which constitute Pennsylvania’s lowest‑level offenses.

2. Treatment of Sealed and Expunged Records

Employers must disregard records they know have been sealed or expunged. If such records surface in background or motor‑vehicle reports, employers must allow individuals to provide proof of sealing or expungement, though the amendments do not specify what documentation are sufficient.

3. Enhanced Pre‑Adverse Action Requirements

Before taking any adverse action based on criminal‑record information, employers must now provide - not only written notice of the decision and a copy of the report, but also:

• A summary of the individual’s rights under the ordinance;
• A statement confirming the employer will consider evidence of inaccuracies, rehabilitation, or mitigating information; and
• Instructions on how the individual may submit such information.

4. Timing Clarification for the 10‑Day Response Period

Existing law gives individuals 10 business days to challenge the accuracy of the criminal‑record information or provide an explanation. The prior ordinance language implied this opportunity occurred only after a final decision. The amendments clarify that employers must provide this window before making any final adverse decision. Generally, this means 10 business days after pre-adverse action is sent.

The amendments anticipate that the Philadelphia Commission on Human Relations may issue model forms to facilitate compliance, though no deadline has been set and none have been issued to date.

Next Steps for Employers

Employers with operations - or any workers performing services - in Philadelphia should take immediate steps to align their screening processes with the amended ordinance. Recommended actions include:

• Revise job applications and interview materials to ensure no criminal‑history questions appear before a conditional offer.
• Update background‑check policies and individualized‑assessment protocols to reflect the new lookback restrictions and the prohibition on considering summary offenses.
• Review and revise adverse‑action notices, including adding the newly required rights summary, statements regarding consideration of mitigating information, and instructions for submitting evidence.
• Coordinate with background‑check vendors to ensure employers are not receiving off‑limits records and proper handling of sealed or expunged information.
• Train HR and recruiting personnel on the amended requirements, especially the timing of pre‑adverse action steps and the 10‑day response window.
• Evaluate processes for current employees, since the ordinance applies to both applicants and incumbents.

Employers should act promptly to minimize legal risk and ensure smooth implementation before these requirements are enforced.