Pennsylvania Ban the Box Law for Employers: 2026 Rules

← Back to Resources

Quick answer: Pennsylvania has no statewide ban-the-box law for private employers. Philadelphia bans criminal history questions before a conditional offer, and Pittsburgh applies similar rules to city hiring and contractors. Statewide, 18 Pa.C.S. 9125 lets employers consider convictions only if they relate to job suitability. Reveal Background builds screening around these steps.

• Statewide, private employers may ask about criminal history early, but must limit decisions to job-related convictions and notify the applicant in writing.
• Philadelphia employers must wait until after a conditional offer and complete an individualized assessment before any adverse decision.
• Federal FCRA steps (disclosure, authorization, pre-adverse and adverse action) apply in every Pennsylvania county.

Does Pennsylvania have a ban the box law?

Not for private employers statewide, as of November 2026. Pennsylvania has removed the criminal history question from many state agency applications, and Philadelphia and Pittsburgh have local ordinances.

The rule that reaches every Pennsylvania employer is the Criminal History Record Information Act, 18 Pa.C.S. 9125. It lets you consider felony and misdemeanor convictions only to the extent they relate to the applicant's suitability for the position. If you reject someone based on that record, you must tell them in writing.

Which Pennsylvania rules apply to my hiring?

It depends on where the job is located and who employs the worker. Check each location separately if you hire across the state.

Pennsylvania criminal history hiring rules by jurisdiction

Jurisdiction	Who is covered	When you may ask	Key limit
Statewide (18 Pa.C.S. 9125)	Employers hiring in Pennsylvania	No statewide timing limit for private employers	Convictions must relate to suitability for the position; written notice if the record is the basis of the decision
Philadelphia	Employers with work performed in the city	After a conditional offer	Individualized assessment, written notice, and time for the applicant to respond; older convictions are limited
Pittsburgh	City hiring and city contractors	After an initial interview or conditional offer, per the ordinance	Applies to public-sector hiring, not all private employers
Federal FCRA (15 U.S.C. 1681)	Any employer using a background report	Before the report is obtained	Stand-alone disclosure, written authorization, pre-adverse and adverse action notices

Confirm current local ordinance text with counsel, because local rules change.

What does Philadelphia require before you reject a candidate?

Philadelphia's Fair Criminal Record Screening Standards ordinance applies when work is performed in the city. Remove criminal history questions from applications and first interviews. Run the check only after a conditional offer.

If a record concerns you, perform an individualized assessment. Consider the nature of the offense, the time since it occurred, and its link to the job duties. Give the applicant written notice and a chance to respond before finalizing a decision.

What about the 7-year rule?

The FCRA's 7-year reporting limit applies to arrests that did not lead to conviction, and the Act sets no federal limit on reporting convictions. Philadelphia separately restricts consideration of older convictions. Pennsylvania does not add a general statewide 7-year cap, so set your policy by location.

How do FCRA steps fit with Pennsylvania rules?

Follow the federal sequence for every report, as described by the FTC in Using Consumer Reports: What Employers Need to Know.

1. Give a clear, stand-alone written disclosure that you may obtain a report.
2. Get the applicant's written authorization.
3. Review the report against job-related criteria, not blanket exclusions.
4. If you may reject, send a pre-adverse action notice with a copy of the report and the FCRA Summary of Rights.
5. Allow a reasonable time for the candidate to dispute errors. Five business days is a common practice.
6. Send the final adverse action notice if you proceed.

The EEOC's guidance on arrest and conviction records adds that policies excluding everyone with a record can create disparate impact risk under Title VII. It recommends targeted screens built on the nature of the offense, time elapsed, and job duties.

What should the screening package cover?

Match the search to the role. Reveal Background offers national criminal database, county criminal, federal criminal, sex offender registry, SSN trace, motor vehicle records, and employment and education verification. Most searches return same-day results, with no setup fee and pay-per-report pricing. County and court-record searches can take longer when courts require manual retrieval.

For safety-sensitive roles, drug testing is coordinated through American Screening Corp. You can create an account to order Pennsylvania employment background checks and set the timing so reports run only after the conditional offer where required.

Pennsylvania hiring compliance checklist

• Identify each work location and whether Philadelphia, Pittsburgh, or another local rule applies.
• Remove criminal history questions from applications where a local ordinance requires it.
• Order checks after the conditional offer in Philadelphia.
• Use a stand-alone FCRA disclosure and signed authorization.
• Define written, job-related criteria for which convictions matter.
• Document the individualized assessment for each flagged record.
• Send pre-adverse and adverse action notices in order.
• Give written notice that a conviction record was the basis for the decision, as 18 Pa.C.S. 9125 requires.
• Keep records of notices and decisions.

Frequently asked questions

Is there a statewide ban the box law in Pennsylvania for private employers?

No. As of November 2026, Pennsylvania does not require private employers statewide to delay criminal history questions. Philadelphia does, and 18 Pa.C.S. 9125 limits how convictions may be used.

Can a Pennsylvania employer reject someone for a conviction?

Yes, if the conviction relates to the applicant's suitability for the position. You must notify the applicant in writing that the record was the basis for the decision.

When can Philadelphia employers run a background check?

After a conditional offer. Complete an individualized assessment and give the applicant notice and an opportunity to respond before any adverse decision.

Do FCRA steps still apply in Pennsylvania?

Yes. Disclosure, written authorization, pre-adverse action, and adverse action notices apply whenever you use a third-party screening report for employment.

Sources

• EEOC: Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions
• FTC: Using Consumer Reports: What Employers Need to Know
• Pennsylvania General Assembly: 18 Pa.C.S. 9125, Use of records by licensing agencies and employers

This is general information, not legal or medical advice; consult counsel on adverse action and local ordinances.