Pennsylvania Employment Screening Laws for 2025: What Employers Need to Know

Navigating employment screening laws in Pennsylvania can feel like walking a tightrope. With evolving regulations like the Clean Slate law and federal mandates such as the Fair Credit Reporting Act (FCRA), employers must stay informed to avoid legal pitfalls.

This guide breaks down the key aspects of Pennsylvania’s employment screening laws for 2025, focusing on how criminal history can impact hiring decisions.

Understanding Pennsylvania’s Background Check Laws

Pennsylvania employers conducting background checks must comply with both state and federal laws. The Pennsylvania Criminal History Record Information Act (CHRIA) governs how criminal records can be used in hiring. Specifically, employers may only consider felony and misdemeanor convictions if they directly relate to the job’s requirements.

FCRA Requirements: Strict disclosure and authorization rules apply

EEOC Guidance: Employers must assess relevance of criminal records to job duties

For example, a conviction for theft might be relevant for a bank teller position but not for a warehouse worker. This ensures fairness while allowing employers to make informed decisions.

How Far Back Can Employers Look for Criminal Offenses?

Under the FCRA, there’s no federal limit on reporting criminal convictions, meaning employers can consider convictions indefinitely. However, in Philadelphia, local ordinances like the Fair Criminal Record Screening Standards Ordinance restrict employers to reviewing convictions within the last seven years, starting from the date of disposition or release from confinement.

Outside Philadelphia, Pennsylvania’s CHRIA doesn’t impose a time limit on convictions but emphasizes relevance to the job. This balance encourages hiring rehabilitated individuals while protecting workplace safety.

Criminal History Lookback Period: No statewide limit, but Philadelphia restricts inquiries beyond 7 years for most jobs. However, roles paying over $75,000 annually are exempt from the 7‑year restriction for arrests.

Clean Slate Law: A Game-Changer for 2025

Pennsylvania’s Clean Slate law, expanded in 2023 via House Bill 689, automatically seals certain criminal records after a set period. For instance, non-convictions and certain misdemeanors can be sealed after seven years, down from ten. This means employers may not see these records during background checks, promoting fairer hiring practices.

Additionally, employers are granted immunity from liability when hiring individuals with expunged records, encouraging inclusivity without fear of legal repercussions.

FCRA and EEOC Compliance: Staying on the Right Side of the Law

The Fair Credit Reporting Act (FCRA) requires employers to obtain written consent before conducting a background check through a third-party agency. If an adverse action (like denying employment) is taken based on the report, employers must provide a pre-adverse action notice, a copy of the report, and a chance for the applicant to dispute inaccuracies.

Meanwhile, the EEOC’s guidance under Title VII of the Civil Rights Act emphasizes avoiding discriminatory practices. Employers must assess convictions individually, considering the nature of the offense, time elapsed, and job relevance to prevent disparate impact on protected groups.

Ban-the-Box and Fair Hiring Practices

Pennsylvania’s ban-the-box laws, particularly in Philadelphia and Allegheny County, prohibit employers from asking about criminal history on initial job applications. This delays inquiries until later in the hiring process, giving applicants a chance to showcase their qualifications first.
Employers must also notify applicants in writing if a hiring decision is based on their criminal history, ensuring transparency and fairness.

Ban the Box: Philadelphia and Pittsburgh prohibit criminal history questions on initial applications

Best Practices for Employers in 2025

To stay compliant, employers should create a clear background check policy, train HR teams on legal requirements, and partner with reputable consumer reporting agencies (CRAs). Regularly updating policies to reflect changes like the Clean Slate expansion is crucial. Consulting an employment law attorney can also help navigate complex regulations and reduce risks.