Understanding Philadelphia’s Expanded Fair Criminal Record Screening Standards Ordinance

Compliance with hiring regulations- both on local and federal levels- is an essential component of effective human-resources management. In Pennsylvania, recent updates to the Philadelphia Fair Criminal Record Screening Standards Ordinance introduce expanded protections for job applicants and impose new obligations on employers. Organizations operating in Philadelphia must understand these changes to mitigate compliance risks and maintain defensible hiring practices. 

Table of Contents

• Overview of the Expanded Philadelphia Fair Criminal Record Screening Standards Ordinance 

  • Required Employer Disclosures Before Adverse Action 

• The Importance of Proactive Compliance 

Overview of the Expanded Philadelphia Fair Criminal Record Screening Standards Ordinance 

The expanded Philadelphia Fair Criminal Record Screening Standards Ordinance (the city’s “fair chance” or ban-the-box law) was signed into law in October 2025 and is set to go into effect on January 6, 2026. Employers operating in Philadelphia must have compliant screening policies and procedures in place by that date to adhere to the new prohibitions on considering summary offenses and older misdemeanor convictions, as well as the expanded requirements for pre-adverse action notices and other procedural protections. 

The updated ordinance strengthens the city’s commitment to fair-chance hiring. Employers are now prohibited from considering any summary convictions or misdemeanor convictions that are more than four years old when evaluating an applicant or employee for employment decisions. This limitation is designed to reduce opportunities for discriminatory or disproportionate exclusion of candidates based on outdated minor offenses. 

HR teams should review their background-check protocols to ensure that data older than four years for these conviction types is not factored into hiring or promotion decisions. 

Required Employer Disclosures Before Adverse Action 

Before an employer may take an adverse action based on a criminal record, the ordinance now requires the disclosure of specific, clear information to the applicant or employee. This step ensures transparency and provides individuals with an opportunity to respond or correct potential inaccuracies. 

Employers must provide: 

• A written notice identifying the criminal record information on which the decision is based. 

• A copy of the background report or records considered. 

• A reasonable period for the applicant to provide evidence of rehabilitation, contest inaccuracies or offer mitigating information. 

  
  

These requirements mirror procedural safeguards found in the federal Fair Credit Reporting Act (FCRA), but Philadelphia’s ordinance operates independently and imposes additional local obligations. 

The Importance of Proactive Compliance 

Failure to comply with Philadelphia’s expanded Fair Criminal Record Screening Standards Ordinance can result in legal exposure, financial penalties and reputational harm. By incorporating these new requirements into policy and practice, employers will reduce risk associated with the hiring process. 

For more information on how MyHRScreens can support your compliance efforts, contact us today at ccooley@myhrconcierge.com, 855-538-6947 ext. 108. Or, schedule a free consultation below: