Philadelphia Expands Fair Criminal Record Screening Law — Employers Must Act by January 6, 2026, 11-21-2025

Last month, Philadelphia Mayor Cherelle Parker signed comprehensive amendments to the city’s Fair Criminal Record Screening Standards Ordinance (FCRSSO) into law. The updates take effect January 6, 2026, and impose new compliance obligations for employers.

Broadened Coverage and Clarified Definitions

The amended ordinance extends coverage to a wider range of workers, including contractors, rideshare drivers, and gig economy participants. It defines “employment process” broadly to encompass not only hiring but also promotions, raises, and terminations.

Narrowed Lookback Periods and Offense Restrictions

Employers face new limits on when and how they can consider criminal records:

• Felony convictions may only be considered to the extent that the conviction did not result in exoneration and the underlying arrest or release from incarceration for such conviction, whichever is later, occurred fewer than seven (7) years from the date of the inquiry.
• Misdemeanor convictions are subject to a new four (4) year lookback, reduced from the prior seven-year period.
• Summary offenses may no longer be considered at all.
• Expunged or sealed records are categorically off-limits. If such records appear on a Pennsylvania driver’s record or background check, employers must allow individuals to provide proof of sealing or expungement before any adverse action.​

Reinforced Individualized Assessment Requirements

Employers are required to conduct a meaningful, individualized assessment when a criminal record is under review. Assessments must consider factors such as:

• The nature of the offense.
• The time that has passed since the offense.
• The specific duties of the position.
• The applicant’s work history before and after the offense and any period of incarceration and character or employment references.
• Evidence of rehabilitation since the conviction, now explicitly broadened to include job training, community service, and professional licensure.​

New Notice and Rebuttal Procedures

Before finalizing any employment rejection based on criminal history, employers must issue a detailed written notice including:

1. The specific convictions considered.
2. A copy of the criminal record used.
3. A plain‑language summary of the individual’s rights under the Fair Criminal Record Screening Standards Ordinance.
4. Instructions for submitting evidence of rehabilitation or disputing errors.

Employers must provide at least ten (10) business days to provide evidence of the inaccuracy of the information or to provide an explanation before they may make a final determination concerning the applicant or employee’s employment. The Philadelphia Commission on Human Relations is expected to release model forms and guidance to help employers comply with these requirements.​

Expanded Enforcement Powers and Remedies

Violations carry stronger penalties and broader remedies:

• Civil penalties up to $2,000 per violation, payable to the City.
• Recovery of compensatory and liquidated damages, along with attorneys’ fees and court costs.
• Liquidated damages equal to other monetary damages may be awarded to make individuals whole for efforts expended enforcing their rights.​
• A robust private right of action exists, allowing individuals to sue if the Commission dismisses their complaint after one year.

Stronger Anti‑Retaliation Protections

A new presumption of retaliation applies if an employer takes adverse action within 90 days of an individual exercising FCRSSO rights.​

Compliance Steps for Employers

Employers operating within Philadelphia should consider the following:

• Auditing job postings and applications for compliance.
• Updating background screening and hiring policies to align with the new offense limits and assessment requirements.
• Ensuring adverse action notices are revised to meet new content and timing standards.
• Training HR and hiring teams on individualized assessments and retaliation risks.

Employers have until January 6, 2026, to align practices with the updated ordinance. Taking proactive steps now can help mitigate exposure to costly penalties, possible enforcement actions, and other adverse actions once the law takes effect.

Author: Katharine W. Fogarty is a Partner in Kaufman Dolowich’s Philadelphia office