*Update* Philadelphia Announces Major Updates to Its Ban the Box Law

Philadelphia has enacted significant updates to its Fair Criminal Record Screening Standards Ordinance—widely known as the city’s “Ban the Box” law. Signed into law in October 2025, these amendments will take effect on January 6, 2026, and introduce major changes to how employers may use criminal history information throughout the hiring and employment process.



These revisions expand who is protected under the law, clarify how criminal records can be reviewed, and strengthen notice and anti-retaliation requirements. Employers hiring in Philadelphia—or employing workers who perform work within city limits—should begin preparing now.

Below is an overview of the most important changes.

Key Changes at a Glance



• Shorter Lookback Period for Misdemeanor Records

The updated law reduces how far back employers may review misdemeanor convictions. Only offenses from the past four years may be considered.
Felony convictions remain reviewable if the arrest, incarceration, or parole occurred within the previous seven years.



• Summary Offenses Are No Longer Permissible to Consider

Minor violations such as citations or fines (“summary offenses”) cannot be used when evaluating a candidate for employment.



• Sealed or Expunged Records Cannot Be Used in Hiring Decisions

Records that have been sealed or expunged—regardless of how they appear on background reports—may not be factored into employment decisions.
Applicants must also be given a chance to show proof that a record has been sealed or expunged before any adverse action is taken.



• Expanded Notice Requirements and Applicant Rights

Employers must provide clear, advance notice if they intend to conduct a criminal background check. They must also indicate that any hiring decision will be based on an individualized review of the applicant’s history relative to the role.

Before taking adverse action, employers must provide:



• Written advance notice
• A list of the convictions being considered
• A statement outlining the applicant’s rights
• Instructions on how to submit additional information or corrections

Applicants then have 10 business days to offer explanation, mitigating details, or documentation of errors.

• Broader Range of Acceptable “Rehabilitation Evidence”

Applicants will be able to submit a wider array of information to demonstrate rehabilitation, including:



• Job training or certification programs
• Community service
• Mental health or substance-use treatment
• Licenses, credentials, and other indicators of progress

• Stronger Anti-Retaliation Protections

If an employer takes negative action (such as discipline or termination) within 90 days of an applicant or employee exercising their rights under the law, that action may be presumed retaliatory. Employers can rebut this presumption, but only with strong and well-documented justification.



Who Is Covered Under the Updated Law?



• For Job Seekers

The revisions reduce long-term barriers for individuals with criminal records by limiting lookback periods, expanding rehabilitation evidence, and strengthening the applicant response process.



• For Employers

Organizations must closely review and update their screening practices. This includes updating hiring forms, notices, background check workflows, individualized assessment documentation, and adverse action procedures.



• For the Community

The changes reinforce Philadelphia’s commitment to supporting fair hiring, reintegration, and second-chance employment—while reminding employers to balance these goals with safety, compliance, and consistent decision-making.



What Employers Should Begin Doing Now



To prepare for the January 6, 2026 launch date, employers may want to:



1. Review all hiring forms, job applications, and internal screening procedures to ensure they comply with the amended ordinance.

2. Update all criminal background check notices and documentation practices to align with both local and federal requirements.

3. Train HR teams, recruiters, and hiring managers on the new rules—especially those who hire contractors or seasonal workers.

4. Strengthen recordkeeping processes for individualized assessments and any adverse employment decisions.

5. Consider centralizing the review of hiring decisions involving criminal records to promote consistency and minimize risk.

6. Prepare for potential audits or investigations by maintaining complete documentation for all screening-related decisions.

7. Consult with legal counsel to ensure your organization has a compliant, well-documented implementation plan in place.