The Basics
Location: Philadelphia, PA
Legislation: Bill 250373-A
Type: Fair Chance
Effective: January 6, 2026
Key Takeaways
· Employers may only consider, unless otherwise required by state or federal law:
o Misdemeanor conviction records within the past four (4) years
o Felony conviction records within the past seven (7) years
· Employers may not consider an Applicant’s or Employee’s summary offense conviction record
· Employers have additional obligations when notifying the Applicant or Employee of a provisional adverse decision
What are the limitations in considering criminal records?
In addition to the Ordinance’s existing requirements, employers will be prohibited from:
· Considering misdemeanor convictions more than four years old, excluding any periods of incarceration. If the individual was not incarcerated, the arrest date is to be considered. Felony convictions can still be considered as long as the underlying arrest or the release from incarceration for such conviction, whichever is later, occurred within the past seven (7) years.
· Considering summary offenses.
· Considering expunged or sealed criminal records. If such records are included in a background report, employers must give the individual an opportunity to provide evidence of sealing or expungement.
· Retaliating against an Applicant or Employee for exercising their rights under this ordinance. If an employer takes adverse action within 90 days of someone exercising their rights under this ordinance, it’s presumed to be retaliation—unless the employer acted in good faith under the law.
Can an employer take adverse action based in whole or in part on criminal record information?
Yes, provided they follow the requirements as outlined in the Ordinance. An employer may only reject an Applicant or Employee if, after reviewing all available information and considering all of the assessment factors below, a reasonable person would determine that employing the individual would pose a clear and specific risk to business, its operation, co-workers, or customers. The assessment factors remain the same; however, the Ordinance expands on examples of rehabilitation evidence:
(a) The nature of the offense;
(b) The time that has passed since the offense;
(c) The employment history before and after the offense and any period of incarceration;
(d) The particular duties of the job being sought;
(e) Any character or employment references provided by the individual; and
(f) Any credible evidence of rehabilitation since the conviction, which may include:
(1) Completion of a mental health or substance use disorder treatment program.
(2) Completion of a job training program.
(3) Completion of a GED or post-secondary education program.
(4) Service to the community.
(5) Work history in a related field.
(6) Active occupational licensure, commercial driver licensure, or other licensure necessary to perform the specific duties of the job.
What steps must an employer take if they are considering taking adverse action?
If an employer intends to reject an Applicant or Employee for a job opening based on criminal record information, they must:
- Provide written notice of the provisional decision, including the specific conviction(s) considered.
- Include a summary of the individual’s rights under the Ordinance.
- State that the employer will consider evidence of any error in the record and evidence of rehabilitation or mitigation, with a list of types of acceptable evidence.
- Give instructions on how to submit such evidence or explanations.
- Provide a copy of the criminal record used.
- Allow at least ten (10) business days for the individual to respond before making a final decision.
Are there any exemptions?
We recommend reviewing with your legal counsel to confirm if your organization meets the exemptions as defined in the Ordinance.
Recommendations
We recommend employers review and discuss with your legal counsel your organization’s policies and procedures to ensure continued compliance with the changing laws and regulations.
Please note: The information provided above is strictly for educational purposes. It is not intended to be legal advice, either expressed or implied. Accurate Background recommends that you consult with your legal counsel regarding all employment regulations.