Pennsylvania Background Check Laws for Employers (2026)
Pennsylvania limits how employers use criminal records, and the penalties bite. The Criminal History Record Information Act (CHRIA) allows only job-related convictions to count, and it demands written notice. Philadelphia tightened its own rules again on January 6, 2026.
Below, we explain each statute, name the agency that enforces it, and show what a Pennsylvania job application may ask. We also list what changed in 2026, including the EEOC’s October 2026 decision to rescind its arrest and conviction guidance.
Pennsylvania Background Check Laws at a Glance
Pennsylvania regulates the employer directly through CHRIA, then layers local ordinances on top in Philadelphia and Pittsburgh. Each rule below carries a citation, a plain description, and the agency that administers it.
Use the table to spot the rules that touch your roles, then read the matching section for the details.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (no Pennsylvania mini-FCRA) | Requires a stand-alone disclosure, written authorization, and the two-step adverse action process | CFPB and FTC; private suits |
| Employer use of criminal records | 18 Pa.C.S. § 9125 (CHRIA) | Limits employer use of criminal history to felony and misdemeanor convictions related to job suitability; requires written notice | Private suits; Pennsylvania Office of Attorney General |
| CHRIA remedies | 18 Pa.C.S. § 9183 | Creates the civil remedy for CHRIA violations, including minimum and punitive damages plus attorney fees | Pennsylvania Office of Attorney General; private plaintiffs |
| State criminal records | 18 Pa.C.S. § 9121 | Governs dissemination of criminal history record information from the Central Repository | Pennsylvania State Police |
| Fair chance / ban the box | No statewide law; Philadelphia Code ch. 9-3500; Pittsburgh Ban the Box Ordinance | Philadelphia delays criminal inquiries until after a conditional offer; Pittsburgh binds City contractors | Philadelphia Commission on Human Relations; Pittsburgh Office of Equal Protection |
| Sealed and expunged records | 18 Pa.C.S. §§ 9122.1–9122.3 and § 9122.5 | Clean Slate automatic sealing; bars use of expunged or limited-access records for employment | Administrative Office of Pennsylvania Courts; Pennsylvania State Police |
| Lookback | No state cap; 15 U.S.C. § 1681c; Philadelphia Code ch. 9-3500 | Federal seven-year rule for non-convictions; Philadelphia allows seven years for felonies and four for misdemeanors | CFPB; Philadelphia Commission on Human Relations |
| Credit reports | No statewide law; Philadelphia Code § 9-1130 | Bans most employment credit screening inside Philadelphia, with listed exceptions | Philadelphia Commission on Human Relations |
| Salary history | No statewide law; Philadelphia Code § 9-1131 (Wage Equity Ordinance) | Bars Philadelphia employers from asking about or relying on wage history | Philadelphia Commission on Human Relations |
| Drug and marijuana testing | 35 P.S. § 10231.2103(b); Philadelphia Code ch. 9-5500; Pittsburgh Code § 659.02 | Protects certified medical marijuana patients; Philadelphia bans most pre-hire marijuana tests; Pittsburgh protects cardholders | Pennsylvania Department of Health; Philadelphia Commission on Human Relations; City of Pittsburgh |
| Application questions | 43 P.S. § 955(b)(1) (Pennsylvania Human Relations Act) | Bars pre-employment questions about race, religious creed, ancestry, age, sex, national origin or disability at employers with four or more employees | Pennsylvania Human Relations Commission |
| E-Verify | Act 75 of 2019; Act 127 of 2012, 43 P.S. § 167.1 et seq. | Requires E-Verify for construction-industry employers and on public-works contracts of $25,000 or more | Pennsylvania Department of Labor and Industry |
| Social media passwords | No Pennsylvania statute | No state law bars requests for applicant social media passwords; federal discrimination law still applies to what you view | EEOC; Pennsylvania Human Relations Commission |
| Licensed occupations | 18 Pa.C.S. § 9124 | Restricts how licensing boards use criminal records | Bureau of Professional and Occupational Affairs, Pennsylvania Department of State |
| Motor vehicle records | 75 Pa.C.S. § 6114 | Controls release of driver records; consent required on Form DL-503 | PennDOT Bureau of Driver Licensing |
| Child care and direct contact with children | 23 Pa.C.S. § 6344 | Requires three clearances for roles with direct contact with children | Pennsylvania Department of Human Services; Pennsylvania State Police; FBI |
| Schools | 24 P.S. § 1-111 | Mandates criminal history review for school employees and contractors | Pennsylvania Department of Education |
| Older adult facilities | 35 P.S. § 10225.502 | Requires criminal history checks in facilities serving older adults | Pennsylvania Department of Aging |
| Employment discrimination | 43 P.S. § 951 et seq. (PHRA) | Bans employment discrimination at employers with four or more employees; 180-day filing window | Pennsylvania Human Relations Commission |
How the FCRA Applies to Pennsylvania Employers
Federal law runs alongside CHRIA, and the two duty sets do not overlap neatly. The FCRA governs every consumer report you order from a screening company, while CHRIA governs how you use the criminal history inside it.
Follow the four steps below for every applicant. Then add the separate CHRIA notice under 18 Pa.C.S. § 9125(c) whenever criminal history drives a decision not to hire.
Clear Disclosure
Give a clear written disclosure in a document containing nothing else. Liability waivers and state-law notices do not belong on that page.
Written Authorization
Next, collect signed permission before you order any consumer report. Afterward, keep the signed copy for your file.
Pre-Adverse Action
Send the report plus A Summary of Your Rights Under the FCRA before deciding. Then allow a reasonable window for the applicant to respond.
Adverse Action Notice
Issue the final notice, name the consumer reporting agency, and state that it made no decision. Add your separate section 9125(c) notice in the same mailing.
Philadelphia employers insert the ten-business-day rebuttal period between steps three and four. Build the longest timeline your jurisdictions require, then apply it consistently.
CHRIA and Pennsylvania Criminal Records
The Criminal History Record Information Act sits at 18 Pa.C.S. ch. 91. Most employers know it exists, yet in practice few follow section 9125 closely.
Chapter 91 also controls how the Pennsylvania State Police disseminate records from the Central Repository under section 9121. So the same statute governs both the record source and the employer that uses it.
What section 9125 actually allows
Subsection (b) is short and strict. Employers may weigh felony and misdemeanor convictions only so far as they relate to suitability for the position applied for.
Summary offenses and arrests without convictions carry no such permission, so leave them out of the decision entirely. Read the statutory text on Justia before you write your policy.
The written notice most employers skip
Subsection (c), meanwhile, requires written notice to the applicant. That duty triggers whenever a decision not to hire rests in whole or in part on criminal history.
Notably, this obligation stands apart from the federal FCRA adverse action letters. You owe both, so send both.
Relevance is a judgment you must document
Unfortunately, Pennsylvania supplies no matrix of disqualifying offenses for private employers. Instead, you must connect the conviction to the duties of that specific job.
So write the reasoning down at the moment you make it. Later, that contemporaneous note becomes your best evidence.
How the Third Circuit widened CHRIA in 2026
Phath v. Central Transport LLC reached the Third Circuit in January 2026. The employer argued that section 9125 governs only information obtained from a criminal history record, but the court disagreed.
Protection attaches to the type of information received, regardless of where it came from. Therefore, the statute applies even when an applicant volunteers a conviction during an interview, and Fisher Phillips covers the employer takeaways.
Accordingly, train interviewers to route any volunteered criminal history through the same documented relevance process and written notice.
Statewide court research in Pennsylvania
BCS Background Screening LLC runs a real-time court search across all 67 Pennsylvania counties, verified before release, for $20 per name. Order the Pennsylvania statewide criminal search as the base of any Pennsylvania package.
Then add a county criminal court search where the applicant lived and worked, and a federal search for offenses that never appear in state systems.
What Pennsylvania courts have actually held
Ultimately, real decisions shape CHRIA far more than general guidance does. Below are rulings you can look up and cite.
| Decision | Holding that matters to employers |
|---|---|
| Phath v. Central Transport LLC (3d Cir. 2026) | Section 9125 follows the type of information received, not its source, so volunteered disclosures count |
| El v. SEPTA, 479 F.3d 232 (3d Cir. 2007) | A blanket criminal-record policy survived Title VII review only because the employer produced evidence tying it to job requirements |
| Negron v. School District of Philadelphia, 994 F. Supp. 2d 663 (E.D. Pa. 2014) | Denying a provisional employee permanent status can qualify as a hiring decision under CHRIA |
| Ripley v. Sodexo, Inc. (W.D. Pa. 2014) | CHRIA section 9125 governs hiring, and the court declined to extend it to a termination |
| McCorkle v. Schenker Logistics, Inc. (M.D. Pa. 2014) | Rejecting an applicant for falsifying an application is not a rejection “because of” criminal history |
| Peake v. Commonwealth (Pa. Commw. 2015) | OAPSA’s lifetime employment ban violates due process under the Pennsylvania Constitution |
| Palmiter v. Commonwealth Health Systems (Pa. Super. 2021) | The Medical Marijuana Act carries an implied private right of action for certified patients |
Beware of “case law snippets” published without a court, docket number or citation. If you cannot look a case up, do not build policy on it.
How Far Back Can a Pennsylvania Background Check Go?
Pennsylvania sets no statewide cap on reporting or considering criminal convictions. Instead, the federal FCRA and the Philadelphia ordinance fill that gap.
When a role spans multiple counties, apply the strictest rule that touches the work.
Pennsylvania convictions
CHRIA imposes no time limit on convictions anywhere in Pennsylvania. Relevance to the job, not age, governs whether you may consider one under 18 Pa.C.S. § 9125(b).
Federal non-conviction limit
The FCRA at 15 U.S.C. § 1681c(a) bars reporting arrests, civil suits, judgments and paid tax liens older than seven years; bankruptcies run ten years. Convictions have no federal time limit.
Federal salary exemption
The federal seven-year limit does not apply when the position is expected to pay $75,000 or more per year (15 U.S.C. § 1681c(b)(3)).
Philadelphia is stricter
Since January 6, 2026, felonies reach back seven years and misdemeanors only four, measured from conviction or release and excluding incarceration. Summary offenses fall outside consideration completely.
The Philadelphia ordinance excludes periods of incarceration from the count. So a sentence served can push an old conviction back inside the window, while sealed and expunged records stay off limits at any age.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Clean Slate, Expunged Records and Arrests in Pennsylvania
Pennsylvania pioneered automatic record sealing, and since 2018 the program keeps expanding. Each protected category below carries its own rule for employers.
Sealed, expunged and limited-access records
Act 56 of 2018 launched automatic sealing at 18 Pa.C.S. § 9122.2. Act 83 of 2020 removed outstanding court costs as a barrier to relief, and Clean Slate 3.0, signed as House Bill 689 in December 2023, went further still.
Under Clean Slate, 18 Pa.C.S. §§ 9122.1–9122.3, eligible summary convictions seal automatically after five years, misdemeanors after seven, some drug felonies after ten, and non-convictions seal as well.
Section 9122.5 is blunt about the consequences. Expunged and limited-access records may not be used for employment, and the individual may answer questions as though the offense never happened.
The only exceptions arise where federal law or a federal self-regulatory organization requires consideration of criminal history for the position, or where the request comes from a criminal justice agency. Otherwise, a sealed record cannot be treated as a disqualifying conviction under any Pennsylvania law.
In addition, section 9122.6 protects you when you hire a person whose record was expunged or sealed. You are immune from claims arising from misconduct related to that record, and from § 9122.5 claims based on a record the individual disclosed voluntarily.
| Record type | Clean Slate waiting period | Employer rule |
|---|---|---|
| Summary convictions | Five years | Sealed automatically; may not be used for employment (§ 9122.5) |
| Misdemeanor convictions | Seven years | Sealed automatically; may not be used for employment (§ 9122.5) |
| Some drug felonies | Ten years | Sealed automatically; may not be used for employment (§ 9122.5) |
| Non-convictions | Sealed under Clean Slate | May not be considered under § 9125(b) in any case |
Arrests and non-convictions
CHRIA permits consideration of felony and misdemeanor convictions only. Arrests without conviction and summary offenses should be left out of the decision under 18 Pa.C.S. § 9125(b).
Federal law adds a reporting layer, since the FCRA bars reporting arrests older than seven years. Inside Philadelphia, summary offenses may not be considered at any age.
Sealed cases vanish from the State Police repository, yet stale database copies persist across the industry. Reporting one exposes you to CHRIA damages and an FCRA accuracy claim at once, so confirm your vendor screens reportability before release.
Ban the Box in Pennsylvania
No statewide ban-the-box law reaches private employers in Pennsylvania. However, CHRIA still limits every private employer to job-related felony and misdemeanor convictions and requires written notice under 18 Pa.C.S. § 9125.
Executive-branch hiring removed the conviction question from state applications under a 2017 Commonwealth policy. That policy governs Commonwealth agencies only, so it creates no private-sector duty.
Local rules do the real work, and they differ sharply. Philadelphia binds every private employer, while Pittsburgh reaches City contractors.
City of Philadelphia: Fair Criminal Record Screening Standards
Philadelphia Code ch. 9-3500 is the strictest fair-chance rule in the Commonwealth, and its latest amendments took effect January 6, 2026. It covers all private employers with one or more employees, plus current employees and independent contractors.
Employers may not ask about criminal history on an application or during the interview stage, and may not run the criminal check until after a conditional offer. The offer may be withdrawn only where a reasonable person would find a specific unacceptable risk after an individualized assessment.
After January 6, 2026, several new duties apply as well.
- Job ads and background-check notices must state that an individualized assessment will follow
- Felony convictions count for seven years and misdemeanors for four, excluding incarceration; summary offenses may not be considered
- Written notice must identify the exact convictions relied upon
- Applicants get at least ten business days to submit errors, rehabilitation or mitigation evidence
- A summary of rights must appear on the employer’s website and premises
- Adverse action within 90 days of a protected complaint raises a rebuttable retaliation presumption
The Philadelphia Commission on Human Relations enforces all of it, and applicants may sue directly. Jackson Lewis and Littler both break down the amendments in detail, and the full text sits in the Philadelphia Code.
One question remains open. The Commission published a document titled “Notice: 2026 amendments to Fair Chance Hiring Law,” but it has not confirmed whether that notice satisfies the required summary of rights.
Counsel at Ogletree Deakins advise employers not to assume it does. Until the Commission speaks, keep your own written summary in the packet, and see the What Changed section for the full timeline.
City of Pittsburgh: Ban the Box Ordinance
Pittsburgh’s ordinance took effect on August 3, 2023. It binds City hiring and City contractors, who must wait until an applicant is otherwise qualified before asking about convictions.
Private employers with no City contract, however, fall outside it entirely. The Office of Equal Protection publishes guidelines and handles complaints.
What a Pennsylvania Job Application May Ask
Pennsylvania regulates the application form itself. The Pennsylvania Human Relations Act, 43 P.S. § 955(b)(1), covers employers with four or more employees.
Before employment, a covered employer may not elicit any information, make or keep a record of, or use any application form containing questions about race, color, religious creed, ancestry, age, sex, national origin, or past handicap or disability.
Before an offer, the employer may not ask whether the applicant has a disability or how severe it is. It may ask only whether the applicant can perform the essential functions of the job.
The statute allows three exceptions: a bona fide occupational qualification, federal or Commonwealth security regulations, and institutions for persons with disabilities that give preference to them. The Pennsylvania Human Relations Commission enforces the Act, and federal law adds the four rules below.
Sex, marital status, religion and photographs
Title VII permits a question about sex only where sex is a bona fide occupational qualification (42 U.S.C. § 2000e-2(e)), which almost no position meets. The EEOC treats questions about sex, race, national origin, age and religion as evidence of intent to discriminate, and the PHRA bars them at four or more employees.
Questions about a spouse, children, childcare, pregnancy, church membership or religious holidays raise the same claim under Title VII and the Pregnancy Discrimination Act. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant is available for the schedule, travel and overtime the job requires, asked of every applicant the same way. Request a photograph only after the offer, for an ID badge.
Date of birth and age
The ADEA protects applicants 40 and older at employers with 20 or more employees (29 U.S.C. §§ 623, 631). Under 29 C.F.R. § 1625.5, asking for a date of birth on the application is not itself a violation, but it is closely scrutinized because it deters older applicants, and the PHRA bars age questions outright at four or more employees.
Your screening company needs the date of birth to match criminal and other records. Collect it on the FCRA authorization form or a separate identification form completed after the conditional offer, never on the application.
Ask instead: “Are you at least 18 [or 21] years old?” where the job has a legal minimum age, such as alcohol service or commercial driving.
Disability, health and workers’ compensation
The ADA prohibits disability-related inquiries and medical examinations before a conditional offer at employers with 15 or more employees (42 U.S.C. § 12112(d)(2)). Questions about health, medical history, prescription drugs, prior workers’ compensation claims or sick-leave use are all disability-related inquiries.
GINA separately bars requesting genetic information, including family medical history (42 U.S.C. § 2000ff-1(b)). Medical inquiries are permitted after the conditional offer only if required of every entering employee in the job category and kept in a separate confidential file.
Ask instead: describe the essential functions and ask whether the applicant can perform them with or without reasonable accommodation, which is also the only disability question the PHRA allows before an offer.
Citizenship, national origin and military discharge
The Immigration and Nationality Act bars citizenship-status discrimination at employers with four or more employees (8 U.S.C. § 1324b). The Department of Justice treats pre-hire questions about citizenship, birthplace, immigration status or a “green card” as evidence of discrimination.
USERRA bars discrimination because of uniformed service (38 U.S.C. § 4311). Do not ask the type of military discharge on an application; ask about it only after the conditional offer where a law, license or contract requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you now or in the future require sponsorship for an employment visa?” Form I-9 and E-Verify begin only after the offer is accepted.
Collect race, ethnicity, sex and any veteran or disability status on a separate, voluntary self-identification form that states its purpose, offers a decline-to-answer option, and is kept where decision-makers cannot see it. Private employers with 100 or more employees file the EEO-1 report each year (29 C.F.R. § 1602.7).
Credit Reports, Salary History, Drug Testing and More
Pennsylvania has few statewide rules in these areas, so the federal baseline governs most employers. Philadelphia and Pittsburgh, however, each add ordinances that bind employers inside city limits.
Employment credit reports
Pennsylvania places no statewide restriction on employment credit checks, so the FCRA governs every credit pull you run. Philadelphia, however, bans them for most roles under section 9-1130 of its Code.
Section 9-1130 took effect July 7, 2016 under Bill No. 160072, and Bill No. 200413, approved January 20, 2021, removed the former blanket exemptions for financial institutions and law-enforcement agencies. The ordinance still carves out a narrow set of positions.
- Roles requiring bonding under city, state or federal law
- Supervisory or managerial roles that set business direction or policy
- Jobs with authority over money transfers, payments, collections or contracts, outside routine retail
- Positions with access to financial information beyond ordinary retail transactions
- Roles touching confidential or proprietary information that derives value from secrecy
- Any case where federal or state law requires the credit information
Before taking adverse action, you must give the person written notice of the specific information you relied on. That notice must also state the right to obtain and dispute it.
Salary history and pay transparency
Pennsylvania imposes no statewide salary history ban on private employers. Philadelphia’s Wage Equity Ordinance at section 9-1131 does, and it bars employers from asking about or relying on wage history.
The ordinance survived a constitutional challenge when the Third Circuit lifted the injunction in February 2020, so the ban is fully enforceable. Pittsburgh restricts salary history questions for City employment rather than all employers.
Consequently, build your compensation questions around budgeted range, never prior pay.
Drug and marijuana testing
Generally, private employers across Pennsylvania may test, including pre-employment marijuana tests, since the state regulates the practice lightly. Three rules narrow that freedom, though.
The Medical Marijuana Act at 35 P.S. § 10231.2103(b) bars refusing to hire or discriminating against a certified patient solely for certification status. In Palmiter v. Commonwealth Health Systems, decided August 2021, the Superior Court found an implied private right of action.
Even so, you may still act on impairment at work, and you may bar patients from the listed safety-sensitive duties. Status by itself, however, cannot justify a rejection.
Philadelphia Code ch. 9-5500 took effect on January 1, 2022 and bans most pre-employment marijuana testing. Exceptions cover police and other law enforcement roles, any job requiring a commercial driver’s license, and positions supervising or caring for children, medical patients, disabled people or vulnerable adults.
Positions that could significantly impact the health or safety of employees or the public, federal or state legal requirements, federal contract or grant requirements, and collective bargaining terms also remain testable. Section 9-5502 carries the current exception list, and applicants may file a complaint with the City when an employer oversteps.
Pittsburgh Code Title Six, ch. 659, § 659.02 took effect on September 24, 2024 and covers employers with five or more employees. You may not discriminate in hiring or employment because of lawful status as a Pennsylvania medical marijuana patient, and you may not require a pre-employment marijuana test of a cardholder.
During employment, you may test a cardholder only on reasonable suspicion of impairment at work or after a workplace accident. Positions under U.S. DOT or PennDOT drug-testing rules, positions that require carrying a firearm, and applicants under a collective bargaining agreement that addresses pre-employment testing are exempt, and testing for other controlled substances is not restricted.
Federal rules override every state and local marijuana protection for CDL and other DOT safety-sensitive roles. DEA moved medical marijuana to Schedule III on April 28, 2026, but DOT testing under 49 C.F.R. Part 40 is unchanged.
Motor vehicle records
Section 6114 of the Pennsylvania Vehicle Code, 75 Pa.C.S. § 6114, controls release of driver information. PennDOT’s Bureau of Driver Licensing administers the process through Form DL-503.
An employer request requires the driver’s signature authorizing release. The standard record costs $15.00, while a certified record runs $47.00.
Federal law adds another layer, since the Driver’s Privacy Protection Act limits permissible uses. Therefore, pull a record only when the role genuinely involves driving.
You can review Form DL-503 on PennDOT’s site before building your consent packet, or order Pennsylvania driving records through BCS Background Screening LLC with a compliant release.
E-Verify and Form I-9
Pennsylvania mandates E-Verify in two settings. Since October 7, 2020, every construction-industry employer, public or private, must verify all new employees through E-Verify under the Construction Industry Employee Verification Act, Act 75 of 2019, enforced by the Department of Labor and Industry.
In addition, the Public Works Employment Verification Act, Act 127 of 2012 at 43 P.S. § 167.1 et seq., took effect January 1, 2013. Contractors and subcontractors on public-works contracts of $25,000 or more must use E-Verify for new hires.
Otherwise, Pennsylvania sets no E-Verify mandate for employers outside construction, and E-Verify stays voluntary under federal law except for federal contractors with the FAR E-Verify clause (48 C.F.R. 52.222-54). Every employer must still complete Form I-9: Section 1 by the first day of work and Section 2 within three business days.
Social media and passwords
Pennsylvania has no statute that bars employers from requesting applicant social media passwords. Federal and state discrimination law still applies to anything you view online, so keep social media review out of the hands of the decision-maker and document only job-related findings.
Automated and AI hiring tools
Pennsylvania has no statute regulating automated or AI hiring tools. Title VII, the ADA and the PHRA still reach any tool that screens out protected groups, so test each tool for disparate impact and keep a human decision-maker on every rejection.
Industry-Specific Pennsylvania Requirements
Notably, several sectors carry mandatory checks that go well beyond ordinary screening. Each card names the statute and the agency behind it.
Children: 23 Pa.C.S. § 6344
The Child Protective Services Law requires three clearances for direct-contact roles: a State Police criminal history, a Department of Human Services child abuse clearance, and an FBI fingerprint check. DHS explains each clearance and the process for employees and volunteers.
Schools: 24 P.S. § 1-111
Acts 24 and 82 require criminal history review for school employees and contractors. Three Commonwealth Court decisions in 2012 held the lifetime ban unconstitutional as applied, and the Department of Education now directs case-by-case review with documented legal analysis.
Older adults: 35 P.S. § 10225.502
OAPSA requires criminal history checks in facilities serving older adults. Its lifetime employment ban fell in Peake v. Commonwealth in 2015, and the Department of Aging states plainly that the ban is not enforceable and recommends individualized risk assessment.
Licensed occupations: 18 Pa.C.S. § 9124
Licensing boards may not reject an applicant on unrelated convictions. Act 53 of 2020 added a preliminary review so applicants learn their status before investing in training, and the Bureau of Professional and Occupational Affairs administers these determinations.
Healthcare facilities
Nursing homes, home care agencies and assisted living residences follow OAPSA plus federal exclusion screening. Check the HHS-OIG exclusion list and SAM.gov before hire and monthly thereafter, because a single excluded employee can jeopardize your reimbursement. Our FACIS® search covers those sources.
Transportation and CDL roles
Federal motor carrier rules layer onto Pennsylvania’s driver record process. Employers must verify licensing, run a pre-employment DOT drug test, query the Drug and Alcohol Clearinghouse before hire and annually, and document annual reviews. Pennsylvania adds no separate state-level carrier screening statute.
Construction and public works
Every construction-industry employer must run new hires through E-Verify under Act 75 of 2019, and public-works contractors on contracts of $25,000 or more must do the same under Act 127 of 2012. The Department of Labor and Industry enforces the construction mandate.
Financial institutions
Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. § 1829, bars FDIC-insured institutions from hiring anyone convicted of a crime of dishonesty, breach of trust or money laundering without FDIC consent. The Fair Hiring in Banking Act excludes expunged, sealed, dismissed and older offenses, but institutions must still make a documented inquiry.
What Changed for Pennsylvania Employers in 2026
Two Pennsylvania developments reshaped screening compliance in 2026: Philadelphia’s amended Fair Chance Hiring law and the Third Circuit’s reading of CHRIA. The federal layer moved too, since the EEOC rescinded its arrest and conviction guidance, DEA rescheduled medical marijuana, and OFCCP rescinded the EO 11246 rules.
Philadelphia tightened its Fair Chance Hiring law
City Council passed Bill No. 250373-A on September 25, 2025, and the Mayor signed it in October. Compliance became mandatory on January 6, 2026 under Philadelphia Code ch. 9-3500.
The misdemeanor lookback dropped from seven years to four, and summary offenses are now off limits entirely. Written notices must identify the exact convictions relied on, applicants get at least ten business days to respond, job ads must mention the individualized assessment, and a summary of rights must be posted.
What to do: remove conviction questions from Philadelphia applications, move the criminal check after the conditional offer, rebuild your notice templates and job ads, post a summary of rights, and apply the seven-year felony and four-year misdemeanor windows.
Source: Philadelphia Code ch. 9-3500, as amended by Bill No. 250373-A; Morgan Lewis analysis. Read the law
The Third Circuit widened CHRIA’s reach in Phath v. Central Transport
In Phath v. Central Transport LLC, decided January 2026, the Third Circuit read 18 Pa.C.S. § 9125 broadly. Protection now follows the type of information an employer receives, not its source.
Therefore, the relevance test and the written notice duty apply even when an applicant volunteers a conviction during an interview.
What to do: train interviewers to route any volunteered criminal history through the same documented relevance analysis and section 9125(c) notice you use for a background report.
Source: Phath v. Central Transport LLC (3d Cir. 2026); 18 Pa.C.S. § 9125. Read the analysis
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted October 28, 2026 to rescind its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements that the 2012 guidance had replaced.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law, including the PHRA.
What to do: keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from CHRIA and the Philadelphia ordinance, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged: 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result (49 C.F.R. § 40.137).
What to do: keep DOT testing for CDL roles exactly as it is, and keep applying the Pennsylvania Medical Marijuana Act, the Philadelphia testing ban and the Pittsburgh cardholder rule to every other position.
Source: DEA final rule, Apr. 28, 2026; 49 C.F.R. Part 40. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025, and OFCCP rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026. The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29.
Race- and sex-based affirmative-action plan and related recordkeeping duties under EO 11246 no longer apply. Title VII, Section 503 of the Rehabilitation Act and VEVRAA nondiscrimination, affirmative-action and recordkeeping obligations for covered contractors remain.
What to do: keep your Section 503 and VEVRAA programs, keep the FAR E-Verify clause and Fair Chance to Compete for Jobs Act timing on covered contracts, and follow the EEOC’s current EEO-1 instructions.
Source: OFCCP final rule, Aug. 21, 2026; Executive Order 14173. Read OFCCP’s notice
Pennsylvania Employment Screening Services
BCS Background Screening LLC builds Pennsylvania reports around these rules, not around a generic national template. Our researchers screen reportability before release, so sealed and limited-access matters never reach your file.
Pennsylvania Statewide Criminal Search
Real-time court research across all 67 counties, verified before release, for $20 per name. The base of every Pennsylvania package.
County Criminal Court Search
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Nationwide Criminal Database
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Federal Criminal Search
United States District Court coverage for offenses that never appear in state systems. Add it to any package.
Motor Vehicle Records
We pull Pennsylvania driving histories for delivery, trucking, sales and CDL positions, with a compliant DL-503 release.
Verifications and Add-ons
Employment and education verifications, professional license checks, FACIS® healthcare sanction screening, and the Philadelphia-ready notice templates your packet needs.
Pennsylvania Employer Compliance Checklist
Finally, run this list against your current hiring process.
- Strip race, religion, age, sex, national origin and disability questions from every application, as 43 P.S. § 955(b)(1) requires at four or more employees
- Collect the applicant’s date of birth on the FCRA authorization or identification form after the conditional offer, never on the application
- Remove conviction questions from applications used anywhere in Philadelphia, and delay every criminal inquiry until after a conditional offer there
- Document a written relevance analysis tying each conviction to that job’s duties under 18 Pa.C.S. § 9125(b)
- Send the section 9125(c) notice separately from your FCRA adverse action letter
- Apply the four-year misdemeanor and seven-year felony windows for Philadelphia positions, and drop summary offenses entirely
- Give Philadelphia applicants at least ten business days to rebut before a final call, and post a fair-chance summary of rights on your website and at your worksite
- Confirm your vendor screens out sealed, expunged and limited-access records
- Train interviewers to route volunteered criminal history through the same documented process
- Verify the three CPSL clearances for any role with direct contact with children, and replace lifetime bans in schools and older-adult facilities with individualized review
- Collect a signed DL-503 before ordering any Pennsylvania driver record, and keep credit inquiries inside the section 9-1130 exceptions for Philadelphia roles
Pennsylvania Employment Screening Law FAQs
What law governs employer use of criminal records in Pennsylvania?
The Criminal History Record Information Act, 18 Pa.C.S. ch. 91, governs it. Section 9125(b) permits consideration of felony and misdemeanor convictions only as they relate to job suitability.
Section 9125(c) then requires written notice whenever criminal history drives a decision not to hire. CHRIA is enforced through private lawsuits and by the Pennsylvania Office of Attorney General.
Does Pennsylvania have a state equivalent of the FCRA?
Pennsylvania has no general mini-FCRA covering consumer reporting agencies. CHRIA fills that role for criminal history specifically, and it regulates both agencies and employers.
Chapter 91 controls how the Pennsylvania State Police disseminate records under section 9121. Meanwhile, the federal FCRA still governs your disclosure, authorization and adverse action steps.
How far back can a Pennsylvania background check report convictions?
Pennsylvania sets no statewide lookback cap on convictions. The federal seven-year rule at 15 U.S.C. § 1681c limits non-convictions, and it lifts at $75,000 salary.
Philadelphia is stricter under Philadelphia Code ch. 9-3500: seven years for felonies, four years for misdemeanors, and no summary offenses at all. Sealed and expunged records stay out of consideration at any age under 18 Pa.C.S. § 9122.5.
What does Pennsylvania’s ban-the-box law require?
No statewide ban-the-box law reaches private employers. Philadelphia’s Fair Criminal Record Screening Standards, Philadelphia Code ch. 9-3500, does, and its amendments took effect January 6, 2026.
Employers there must wait until after a conditional offer, run an individualized assessment, and give the applicant at least ten business days to respond. The Philadelphia Commission on Human Relations enforces it, and Pittsburgh’s separate ordinance binds City contractors only.
What are the penalties for a CHRIA violation?
Section 9183 of Title 18 sets the remedy, and it is unusually generous to plaintiffs. Courts award actual and real damages of not less than $100 for each violation.
Willful violations add exemplary and punitive damages of $1,000 to $10,000. The employer also pays litigation costs and attorney fees, and the Pennsylvania Office of Attorney General may seek injunctive relief.
Can Pennsylvania employers run credit checks on applicants?
Statewide, yes, subject only to the federal FCRA. Philadelphia Code § 9-1130 bans employment credit screening for most roles inside the city, and the Philadelphia Commission on Human Relations enforces it.
Exceptions cover bonded positions, managers who set policy, financial-authority roles and confidential-information roles. Before taking adverse action there, give the person written notice of the specific information you relied on and the right to obtain and dispute it.
How do we obtain a Pennsylvania driving record lawfully?
Section 6114 of the Pennsylvania Vehicle Code controls release of driver information. PennDOT’s Bureau of Driver Licensing processes employer requests on Form DL-503.
The driver must sign authorizing release, and the standard record costs $15.00. The federal Driver’s Privacy Protection Act also limits permissible uses, so order records only for driving roles.
What may a Pennsylvania employer ask on a job application?
The Pennsylvania Human Relations Act, 43 P.S. § 955(b)(1), bars employers with four or more employees from asking about race, color, religious creed, ancestry, age, sex, national origin or disability before employment. The Pennsylvania Human Relations Commission enforces it.
Ask only whether the applicant can perform the essential functions of the job, whether they are legally authorized to work in the United States, and whether they meet any legal minimum age. Collect the date of birth on the FCRA authorization after the conditional offer, and in Philadelphia leave criminal history off the application entirely.
Start Screening Pennsylvania Applicants Today
We build compliant Pennsylvania reports, and we keep sealed records out of your file. Start with the real-time statewide search, then add county, federal and driving records as the role demands.
Every user account also includes optional Multiple Authentication Factor (MAF) for added login security.
This page provides general information about Pennsylvania background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.