‘Ban the Box’ Expands in Philadelphia: Latest Updates for Employers

Takeaways

• Philadelphia has amended its Fair Criminal Record Screening Standards ordinance, with changes going into effect 01.06.26.
• Among other changes, employers will only be able to consider misdemeanors convictions from the past four years (reduced from seven years) during the hiring or employee management process.
• Employers should update their procedures and practices to comply with the new law.

Related link

• City of Philadelphia - File #: 250373-A

Article

Philadelphia has progressively strengthened its ban the box law, introducing stronger protections for applicants and employees and enhanced penalties for violations.

Beginning Jan. 6, 2026, the latest amendments further limit how employers can consider criminal records during the hiring process and ongoing employment. In addition, employers must follow new procedures before taking adverse employment actions based on criminal records. The amendments also include a broad antiretaliation provision.

Amendments to the Philadelphia Fair Criminal Record Screening Standards ordinance (FCRSS), commonly known as “Ban the Box” regulations, were signed into law on Oct. 8, 2025, and will take effect on Jan. 6, 2026. These amendments, in part, mirror requirements already found in Pennsylvania’s Criminal History Record Information Act (CHRIA), but they go far beyond CHRIA’s requirements.

Key Changes

Lookback: Generally, employers can only consider an individual’s convictions from within the past seven years.

Under the amendments, for misdemeanors convictions, Philadelphia employers will only be able to consider such crimes from within the past four years during the hiring or employee management process.

Additionally, employers will be statutorily barred from considering summary offenses (minor infractions such as disorderly conduct, loitering, and petty theft) that do not rise to the level of a misdemeanor or felony.

Expunged or sealed records: Employers must refrain from considering conviction records that have been expunged or sealed, even if those records appear in a routine criminal background check or driving record. If such records do appear, employers must give applicants or employees the opportunity to present evidence of expungement or sealing before making any employment-related decision.

Notice of background check: If an employer notifies applicants of its intention to perform a background check during the hiring process, including in a job advertisement, it must also indicate that any evaluation of the background check will be subject to an individualized assessment, taking into account the applicant’s or employee’s specific record and the responsibilities and requirements of the particular role.

Notification, opportunity to rebut background check report: An employer intending to reject an applicant or employee, based in whole or in part on their criminal record, will have to provide written notice of its decision, identify the specific convictions considered, and provide the applicant or employee with a copy of the criminal record used.

Further, an employer must provide:

1. A summary of the applicant’s or employee’s rights under the FCRSS;
2. A statement that the employer will consider evidence of any error in the criminal history records and evidence of rehabilitation and mitigation if provided by the applicant or employee; and
3. Instructions on how the applicant or employee can exercise their right to provide evidence or explanation directly to the employer.

The employer must give the applicant or employee 10 business days to provide evidence of any inaccuracies or explanation of any record before it can make a final determination concerning employment.

Antiretaliation: The amendments introduce a strong antiretaliation provision prohibiting employers from retaliating against applicants or employees who exercise their rights under the FCRSS.

There is a rebuttable presumption of unlawful retaliation when an employer discharges, suspends, demotes, or otherwise penalizes an individual within 90 days of that person asserting their rights under the ordinance. Employers may overcome this presumption by showing, by a preponderance of the evidence, that the action was taken for just cause and would have occurred regardless of the individual’s protected activity.

Essential Insights for Employers

Employers must be prepared:

• Fair chance initiatives and changes are relevant to ensuring an up-to-date hiring process;
• Individualized assessment and criminal conviction consideration guidelines should be periodically reviewed and updated; and
• Other pre-hire forms such as job advertisements and postings may require updating.

Jackson Lewis attorneys are available to answer your questions regarding these specific changes and compliance with Philadelphia and national background check procedural and substantive requirements, as well as to review policies and practices and provide training.