Effective January 6, 2026: Philadelphia amended the city’s Fair Criminal Record Screening Standards Ordinance (FCRSS), introducing several changes that impact how employers evaluate criminal history during the hiring process.
These amendments expand protections for workers and applicants and introduce additional procedural requirements for employers when criminal background checks are used in employment decisions.
The ordinance covers any individual who is employed or permitted to work for a company within city limits, which includes independent contractors, rideshare drivers, transportation network company drivers, and other gig economy workers. As a result, businesses relying on contract or platform-based workers should ensure their screening policies align with the ordinance’s requirements.
How It Effects Background Checks
Individualized Assessment: Employers who notify applicants that a background check may be conducted must now clearly state that any criminal record information will be evaluated through an individualized assessment. This assessment should consider the specific duties of the job as well as the details of the individual’s criminal history before a decision is made.
Shorter Lookback Period: The amendments reduce the timeframe during which certain misdemeanor convictions may be considered. Employers may now review misdemeanor convictions from the previous four years, excluding time spent incarcerated. Previously, the ordinance allowed employers to consider misdemeanor convictions from the past seven years. The seven-year lookback period for felony convictions remains unchanged.
Minor Offenses: Employers are prohibited from considering summary offenses, which typically include low-level infractions such as traffic violations, disorderly conduct, or similar minor offenses. These records should not factor into employment decisions under the ordinance.
Expunged or Sealed Records: The amended law also clarifies that expunged or sealed criminal records cannot be considered, even if they appear in a background check report. Employers must disregard these records entirely when evaluating a candidate or employee.
Additional Applicant Protections
The amendments also expand the rights of applicants and employees when a criminal record may impact employment.
If an employer intends to deny employment or take adverse action based on criminal history information, the individual must receive written notice of the preliminary decision along with a copy of the criminal record used in the evaluation. The notice must also inform the individual of their rights under the ordinance and explain how they can submit additional information.
Employers must then allow the individual at least 10 business days to respond with evidence of errors in the record or documentation showing rehabilitation or mitigating circumstances before making a final decision.
Employer Guidance
Businesses operating in Philadelphia should review their hiring and background screening procedures to ensure they comply with the amended ordinance. This may include updating job postings, employment applications, background check notices, and adverse action communications.
Employers should also consider training recruiters, hiring managers, and human resources personnel on the updated requirements so they understand when criminal history can be considered and how to conduct compliant individualized assessments.
In addition, multistate employers should remember that fair chance hiring laws vary across jurisdictions. Many states, including California, Colorado, Connecticut, District of Columbia, Illinois, Massachusetts, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington, have enacted laws that limit how criminal records may be used in hiring decisions.
Organizations should regularly review their hiring policies and screening procedures to confirm they remain compliant with applicable laws in every jurisdiction where they operate. Working closely with an accredited background screening provider can help employers stay informed of regulatory updates and ensure their screening programs are aligned with current legal requirements.
Click here for more information.
GIS is here to help employers navigate evolving background screening laws. If you need assistance reviewing your screening practices or understanding how your state’s laws may impact your hiring process, please contact us.