At-a-Glance Compliance Overview

State Mini-FCRA Laws

Pennsylvania does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are therefore governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

Pennsylvania does not impose state reporting limits on criminal history information in consumer reports. However, state law restricts how employers may use criminal history in hiring decisions.

Convictions

Under the Pennsylvania Criminal History Record Information Act:

18 Pa. Cons. Stat. §9125

Employers may consider felony and misdemeanor convictions only to the extent that they relate to the applicant’s suitability for the position.

If an employer denies employment based in whole or in part on criminal history, the employer must provide the applicant with written notice of that decision.

Non-Convictions

Employers generally may not rely on arrests or criminal charges that did not result in conviction.

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Fair Chance / Ban-the-Box Law

Pennsylvania has not adopted a statewide ban-the-box law affecting private employers.

Private employers may inquire about criminal history during the hiring process.

However, employers must comply with 18 Pa. Cons. Stat. §9125, which limits how criminal convictions may be used in employment decisions and requires written notice if a decision is based on criminal history.

Credit Check Restrictions

Pennsylvania does not impose statewide restrictions on employer use of consumer credit reports for employment purposes.

Employers may obtain credit reports if they comply with the Fair Credit Reporting Act, including disclosure, authorization, and adverse action requirements.

However, employers operating in Philadelphia must comply with a local credit-history restriction.

Cannabis & Drug Testing Rules

Pennsylvania permits medical marijuana use under the Pennsylvania Medical Marijuana Act.

Relevant statute:

35 Pa. Stat. §10231.2103

Employers may not discriminate against employees solely because they are certified medical marijuana patients.

However, employers may prohibit employees from working while impaired and may restrict marijuana use in safety-sensitive positions.

Local Cannabis Testing Restrictions

Philadelphia – Marijuana Testing Ordinance

Philadelphia Code §9-5500

Philadelphia prohibits most employers from requiring pre-employment marijuana testing as a condition of employment.

Exceptions exist for positions involving:

• law enforcement
• commercial driver’s licenses
• federal drug testing requirements
• care of children or medical patients
• safety-sensitive positions such as construction or heavy equipment operation.

Pittsburgh – Medical Marijuana Employment Protections

Pittsburgh has adopted local employment protections related to medical marijuana use, limiting employer reliance on marijuana testing for certified medical marijuana patients in certain circumstances.

Exceptions typically exist for safety-sensitive roles and positions requiring federal drug testing.

Local Fair Chance or Screening Ordinances

Philadelphia – Fair Criminal Record Screening Standards

Philadelphia Code §9-3500

Philadelphia’s fair chance ordinance is one of the most comprehensive criminal history screening laws in the United States.

Key requirements include:

• criminal history inquiries permitted only after a conditional offer of employment
• employers may consider felony convictions only within a 7-year period
• employers may consider misdemeanor convictions only within a 4-year period
• summary offenses may not be considered
• individualized assessment required before adverse action
• written notice and 10-business-day response period before final adverse action.

Lehigh County – Fair Chance Hiring Ordinance

Lehigh County has adopted a fair chance hiring ordinance affecting private employers operating within the county.

Key requirements include:

• criminal history inquiry prohibited on job applications
• inquiry permitted only after an initial interview
• written notice required if employment is denied based on criminal history.

Record Sealing / Clean Slate Laws

Pennsylvania operates one of the most extensive record-sealing frameworks in the United States.

Relevant statutes include:

18 Pa. Cons. Stat. §9122.1
18 Pa. Cons. Stat. §9122.2

Under Pennsylvania’s Clean Slate Law, certain criminal records may be sealed automatically after waiting periods.

Records eligible for automatic sealing include:

• non-convictions after specified waiting periods
• summary offenses after ten years
• certain misdemeanor convictions after ten years if no subsequent offenses occur.

Once sealed, these records generally cannot be reported in employment background checks.

Key Statutes

• Criminal History Record Information Act – 18 Pa. Cons. Stat. §9125
• Pennsylvania Clean Slate Laws – 18 Pa. Cons. Stat. §§9122.1–9122.2
• Pennsylvania Medical Marijuana Act – 35 Pa. Stat. §10231.2103
• Philadelphia Fair Chance Hiring Ordinance – Philadelphia Code §9-3500
• Philadelphia Credit Screening Restriction – Philadelphia Code §9-1130
• Philadelphia Marijuana Testing Ordinance – Philadelphia Code §9-5500

Employer Compliance Checklist

Employers conducting background checks in Pennsylvania should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure and authorization requirements when ordering background checks.

• Ensure criminal convictions considered in hiring decisions are related to the duties of the position under Pennsylvania law.

• Exclude sealed criminal records under Pennsylvania’s Clean Slate laws from employment reports.

• Delay criminal history inquiries until after a conditional offer when hiring in Philadelphia.

• Apply Philadelphia’s conviction lookback limits when hiring within the city.

• Review drug testing policies to ensure compliance with Philadelphia’s marijuana testing restrictions and Pennsylvania’s medical marijuana law.

• Avoid use of employment credit checks for positions located in Philadelphia unless a statutory exception applies.