Philadelphia Fair Chance Act

Philadelphia made several changes to its Fair Criminal Records Screening Standards Ordinance (FCRSSO), commonly referred to as the Philadelphia Fair Chance Act, effective January 6, 2026. 

Here are the changes you should be aware of:

• Consideration of misdemeanors is now limited to four years. Employers generally cannot consider misdemeanor convictions that occurred outside of the new, four-year look-back period. The existing seven-year limitation for felony convictions remains in place. InfoMart will still report all records found within your requested criminal history scope (7 years/10 years/15 years).
• Summary offenses cannot be considered. Philadelphia now specifically prohibits employers from considering summary offense convictions when making an employment decision. (Note: InfoMart does not report summary offenses on our consumer reports).
• Sealed and expunged records cannot be considered. Employers cannot consider records that have been expunged, sealed, or are otherwise legally prohibited from consideration. This applies even if the record still appears in a background check or another source. (Note: InfoMart does not report sealed and expunged records on our consumer reports).
• The individualized assessment requirements have been expanded. Philadelphia already required employers to conduct an individualized assessment before denying employment based on criminal history. These new amendments provide additional examples of information that should be considered in this process, including education, job training, community service, work history, and occupational or commercial licenses.
• Job postings may need additional language. If an employer states in a job posting or during the hiring process that a criminal background check will be conducted, the employer must also explain that criminal history will be considered through an individualized assessment based on the individual’s specific record and the duties and requirements of the position.

Adverse Action Changes

This change also added additional requirements to the adverse action process.

If you are considering an adverse employment decision based in whole or in part on criminal history, you must provide written notice of the provisional decision (this is the language included in the statute) before making the decision final. That notice must identify the specific conviction(s) being considered, include a copy of the criminal history information relied upon, and provide a summary of the individual’s rights under the Philadelphia ordinance. It must also explain that the individual may: 1.) dispute information on the criminal history report or 2.) provide evidence of rehabilitation or mitigating circumstances.

The consumer must then be given 10 business days to provide that information before a final employment decision is made.

These requirements are separate from, and in addition to, the federal FCRA adverse action requirements when an employer uses a consumer report.

What This Means for Employers

Employers hiring in Philadelphia should review their criminal history criteria and adverse action processes to make sure they account for the new four-year misdemeanor limitation, prohibition on summary offenses, expanded individualized assessment requirements, and Philadelphia-specific adverse action notices.

You should also review job postings and other hiring materials that reference criminal background checks, as those statements may now require additional Fair Chance language.

As always, the decision of whether an individual’s criminal history is relevant to a particular position, the individualized assessment, and the ultimate employment decision remain the responsibility of you, as the end-user, but InfoMart is here to assist you by providing you with an individualized assessment platform in WebASAP and the capability of managing the administrative side of your adverse action process.

This page is intended to provide informational summaries and practical guidance, not legal advice. Because statutes and court rules change, please consult the specific state resources or speak with a licensed attorney before relying on the information for decision-making.