Philadelphia Passes Additional Amendments to Fair Chance Ordinance

On October 8, 2025, with the mayor’s signature, Philadelphia, Pennsylvania enacted additional amendments to its Fair Criminal Record Screening Standards Ordinance (FCRSSO). The amendments continue the city’s trend of expanding protections for individuals with criminal records, and take effect January 6, 2026.¹ Businesses operating in Philadelphia must revise required notices to applicants, employees, and independent contractors, among other compliance updates.

Existing Obligations Summarized

Pennsylvania law already limits employers’ consideration of criminal records to only job-related misdemeanor and felonies, and prohibits the use of certain defined “criminal history record” information, such as “limited access” or expunged records, in hiring decisions.² Philadelphia’s FCRSSO has long required businesses to conduct an individualized assessment of criminal records before adverse actions, mandated notice requirements, and afforded a private right of action for damages. The new amendments clarify and expand these obligations.

Clarifying Provisions

The amendments clarify drafting ambiguities previously present in the FCRSSO, such as:

• “Felony,” “Misdemeanor,” “Summary Offense” and “Incarceration” are now specifically defined terms.
• Existing law prohibits “adverse action” based on non-pending criminal charges that did not result in a conviction. The amendments substantially broaden the definition of “adverse action.”
• Existing law allows notice “during the Employment Process” of the intent to conduct background checks. The amendments clarify that this includes statements made in “job advertisements,” which are broadly defined, and require any such statements, if made, to include notice that an individualized assessment will take place.
• Existing law requires consideration of rehabilitation efforts during the individualized assessment process, but the amendments include specific illustrative examples of what may constitute rehabilitation, such as completion of treatment or educational programs.
• Existing law prohibits consideration of criminal records over seven years old unless the individual was released from incarceration in the last seven years. The amendments provide a narrow definition of “incarceration” that can be used to extend the consideration timeframe.
• Existing law requires businesses to allow individuals 10 business days to submit evidence criminal records were inaccurate or to provide an explanation of the offenses. The prior wording of the law, read literally, suggested that the business only needed to provide this opportunity after it had already communicated its final adverse decision. The amendments clarify the business must provide this opportunity before a final adverse decision is made.³

Expanded Obligations 

The amendments also expand obligations and further restrict consideration of criminal records (unless otherwise required by state or federal law) as follows: 

• Businesses must not consider any misdemeanor conviction over four years old, excluding any periods of incarceration.
• Businesses must not consider any summary offenses (Pennsylvania’s lowest level of offense).
• Businesses must disregard records they know are sealed or expunged and allow individuals to submit evidence of sealing or expungement if such records nevertheless appear in motor vehicle reports. However, the amendments do not define what would constitute sufficient evidence presented by the individual in this scenario that would require the business to treat the offense as off-limits.⁴
• Before taking adverse action based on a criminal record, businesses must provide: (i) a summary of rights under the FCRSSO; (ii) a statement that the business will consider evidence of any error, rehabilitation or mitigation; and (iii) instructions on how the individual can provide this information directly to the business. The amendments contemplate that the Philadelphia Commission on Human Relations may create sample forms for compliance but does not provide a strict deadline for the Commission to do so.
• When an individual files a complaint with the Philadelphia Commission on Human Relations under the FCRSSO, the business must respond with specifically enumerated information explaining its decision.
• The amendments add protections against retaliation.

Recommendations

The Philadelphia amendments impact each stage of consideration and use of criminal records and require careful attention. “50-state” background screening compliance continues to be a headache for businesses (and background screening companies that often assist with administrative tasks related to compliance) with substantial new and unique jurisdictional requirements every year.⁵

Businesses with operations in Philadelphia should evaluate necessary changes to when and how they inquire into criminal history during the hiring or independent contractor engagement process. They should also consider whether to undertake a broader (and privileged) assessment to strengthen their compliance with federal, state, and local employment laws that regulate use of a criminal history (including in Philadelphia). 

Suggested action items for businesses with employees or independent contractors in Philadelphia and other jurisdictions with “fair chance” laws are as follows:

• Review and update job applications and related forms for impermissible inquiries regarding criminal records;
• Review and update workplace postings to help ensure all required postings are included;
• Review and update company webpages for necessary additions about fair chance hiring;
• Provide training to recruiters and other personnel involved in posting job openings or contract opportunities;
• Provide training to personnel who conduct interviews and make or influence hiring and staffing decisions to explain permissible inquiries into, and uses of, criminal history;
• Provide training to personnel involved in ordering and adjudicating background reports;
• Review written and electronic communications about the hiring process, including conditional offer templates and pre-adverse action and adverse action notices; and
• Review the hiring and screening process to help ensure compliance, including the timing of background checks, the distribution of mandatory notices, and the application of mandatory deferral periods.