Pennsylvania ban-the-box rules: CHRIA section 9125, Philadelphia and recruiters

Pennsylvania has no statewide law that restricts when private employers may ask about criminal history, as of October 2026. What it has instead is a rule on use that applies to every employer: under 18 Pa.C.S. 9125, only felony and misdemeanor convictions that relate to the job may be considered, and a rejected applicant must be told in writing if the decision rested on criminal history. Records sealed under Clean Slate may not be asked about at all. Philadelphia adds a full fair chance law: no criminal record questions on applications, checks only after a conditional offer, and, since January 6, 2026, seven-year and four-year lookbacks.

Does Pennsylvania have a ban-the-box law for private employers?

No statewide timing rule. We found no Pennsylvania statute that sets a stage of hiring before which a private employer may not ask about criminal history. Two parts of the Criminal History Record Information Act (CHRIA) still shape every hiring decision, and our Pennsylvania background check laws guide covers both in more depth:

• Section 9125, use of records. When an employer receives information from an applicant's criminal history record file, it may use it "only in accordance with this section." "Felony and misdemeanor convictions may be considered by the employer only to the extent to which they relate to the applicant's suitability for employment in the position for which he has applied," and "the employer shall notify in writing the applicant if the decision not to hire the applicant is based in whole or in part on criminal history record information."
• Section 9122.5, expunged and limited access records. Under 18 Pa.C.S. 9122.5, except when a criminal justice agency asks or federal law requires consideration of criminal history for the job, a person "may not be required or requested to disclose" records that have been expunged or given limited access, including under Clean Slate, and "may respond as if the offense did not occur."

Read together, a private Pennsylvania employer may ask about convictions without breaking a state timing rule, but the question must exclude expunged and limited access records, arrests and summary offenses are not on the list of what section 9125 lets it weigh, and any rejection based on a record needs a written notice.

What applies to Pennsylvania public employers?

We did not find a Pennsylvania statute that removes criminal history questions from state or local government applications, and we did not confirm any current executive order on state agency forms. Section 9125 does not exclude public employers, so its job-relatedness and written notice rules apply to them as well. Many public jobs also carry required clearances, such as child abuse and criminal history clearances for work with children; the background check guide lists them.

Some cities and counties have their own hiring policies. We did not confirm the current terms of Pittsburgh's or Allegheny County's, so if your client is a local government, ask for its written policy.

What does Philadelphia require?

Philadelphia's Fair Criminal Records Screening Standards Ordinance, which the city also calls the Fair Chance Hiring law, is enforced by the Philadelphia Commission on Human Relations. According to the Commission's fair chance hiring page, the law "applies to employers with one or more employees (with some exceptions)" and:

• prohibits questions about criminal records on job applications;
• allows a criminal background check only after a conditional offer of employment;
• bars asking about arrests or criminal accusations that did not lead to conviction;
• requires an individual review that considers the type of offense and time since it, the applicant's job history, the duties of the job, character or employment references and evidence of rehabilitation;
• allows rejection only if the employer concludes the person "would be an unacceptable risk to the business or other people," with written notice of the reason, the criminal history report and 10 days to respond.

The January 2026 amendments

The Commission's notice of amendments (enacted October 8, 2025, effective January 6, 2026) adds:

• a statement, in the notice of intent to run a check, that the check will include an individualized assessment based on the specific record and the job's duties and requirements;
• a lookback of seven years for felony convictions and four years for misdemeanor convictions, from conviction or release from custody, whichever is later, and no consideration of summary offenses;
• a duty to consider evidence of rehabilitation and to give the Commission enough information to judge whether the person would be an "unacceptable risk";
• a written adverse decision packet: notice of rights, the basis for the decision with the criminal history and documents used, what evidence of errors or rehabilitation will be considered, how and where to respond, and the 10 days to do so;
• a presumption of retaliation for adverse action taken within 90 days of someone exercising their rights, which the employer may rebut with evidence of good faith.

The Commission's general page still describes the older seven-year window from the date of application, so follow the amendments notice for current lookback limits.

Can other Pennsylvania cities pass their own rules?

Pennsylvania's Home Rule Charter and Optional Plans Law, 53 Pa.C.S. 2962(f), says a municipality that adopts a home rule charter "shall not determine duties, responsibilities or requirements placed upon businesses, occupations and employers," except as expressly provided by statutes that apply statewide or to a class of municipalities. That limit applies to home rule municipalities under that law; whether any particular city ordinance on hiring fits within a city's powers is a question for counsel. Philadelphia's is the only Pennsylvania private-employer fair chance law we reviewed for this page, so check the local code wherever else the job is.

When can you ask about criminal history in Pennsylvania?

What federal rules still apply?

Title VII still applies to how a record is used, including its disparate impact provision in 42 U.S.C. § 2000e-2(k). The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026, but a job-related review using the Green factors from the 1975 Eighth Circuit case (the nature and gravity of the offense, the time since it and the nature of the job) is still the safe practice, and Pennsylvania's own section 9125 already requires the job link. Philadelphia's individualized assessment is city law and is unaffected by the federal rescission. Reports from a screening company bring in the FCRA's disclosure, authorization and adverse action steps; see the FCRA background check process. Federal contractors also have the Fair Chance to Compete for Jobs Act, which bars requesting criminal history for contract-related positions before a conditional offer; see ban-the-box laws and interview questions.

Are any Pennsylvania ban-the-box bills pending?

We did not identify a 2025–2026 bill in the General Assembly that would create a statewide timing rule for private employers. Check the General Assembly's site before relying on this.

What should recruiters and staffing agencies do in Pennsylvania?

Section 9122.5 forbids anyone from requesting expunged or limited access records, so an agency's own forms and screens must avoid them, and a Philadelphia job brings the city's timing and notice rules into every stage the agency touches. Agency licensing is a separate matter, covered in staffing agency licensing in Pennsylvania.

Questions to settle at intake

• Is the job located in Philadelphia? If so, who sends the notice of intent, runs the individualized assessment and sends the adverse decision packet?
• Does a law require a check or clearance for this role (for example, work with children or older adults)? Which one?
• Does federal law require consideration of criminal history for this job, so that section 9122.5's disclosure bar does not apply?
• Who sends the section 9125 written notice and the FCRA notices, and are they combined?

A short script

Candidate volunteers a record: "Thanks for telling me. Criminal history isn't part of my screen, so I won't note it. If the employer runs a check, it comes after an offer, and you'd see anything they rely on."

Philadelphia client wants a records question on the screen: "Philadelphia doesn't allow criminal record questions before a conditional offer, and since January the check can only look back seven years for felonies and four for misdemeanors. Let's leave it to the post-offer stage."

A Pennsylvania checklist

1. Reword any conviction question to exclude expunged and limited access records, arrests and summary offenses.
2. For Philadelphia jobs, remove criminal record questions from applications and screens, and hold checks until after a conditional offer.
3. Make sure every rejection based on a record gets a written section 9125 notice, plus Philadelphia's packet where it applies.
4. Keep volunteered information out of notes and submittals; see what not to write in interview notes.
5. For the full state hiring checklist, see hiring employees in Pennsylvania; for a neighbor, see Ohio's rules.

Pennsylvania ban-the-box rules at a glance