State law · For employers

Pennsylvania background check laws for employers

What Pennsylvania law says about background checks for employment, beyond the federal Fair Credit Reporting Act (FCRA). Each section shows the rule, who it covers, its exceptions and the law it comes from.

Reviewed
Primary sources
4 laws cited

At a glance

The Pennsylvania rules on each topic, in one line. Federal law applies to every topic.

TopicPennsylvania rule
Criminal history questionsNo state ban-the-box for private employers. State law (CHRIA) sets the use rule: convictions may be considered only as they relate to suitability for the job, and an applicant denied in whole or in part on criminal history must get written notice.
Limits on what a report includesNo state seven-year rule. Pennsylvania limits use, not report contents.
Sealed and expunged recordsPennsylvania’s Clean Slate law seals records automatically (‘limited access’) without a petition: non-conviction charges; summary convictions after five years; second- and third-degree misdemeanors and misdemeanors punishable by up to…
Credit checksNo state rule. Federal law applies.
Salary historyNo state rule. Federal law applies.
CannabisMedical only; no adult-use program. An employer may not discharge, threaten, refuse to hire or discriminate against an employee solely for being certified to use medical marijuana.
Drug testing proceduresNo state rule. Federal law applies.
State consumer reporting lawPennsylvania has no FCRA analogue for consumer reports generally.

When you may ask about criminal history

Who it covers: Any employer that receives criminal history record information (no size threshold).

In force since: December 8, 1982

No state ban-the-box for private employers. State law (CHRIA) sets the use rule: convictions may be considered only as they relate to suitability for the job, and an applicant denied in whole or in part on criminal history must get written notice. Philadelphia and several counties and cities add conditional-offer timing, assessment factors and waiting periods; see local.

18 Pa.C.S. § 9125(a) · 18 Pa.C.S. § 9125(c)

What a background check report may include

Who it covers: Any employer that receives criminal history record information about an applicant.

In force since: December 8, 1982

No state seven-year rule. Pennsylvania limits use, not report contents. An employer may consider felony and misdemeanor convictions only to the extent they relate to the applicant’s suitability for the job. Expunged records and records under limited access (sealed) may not be used for employment, housing or school admission, and an applicant may not be asked about them.

Exceptions

  • Criminal justice agencies.
  • Federal law that requires consideration of criminal history, including self-regulatory-organization rules created under federal law.

18 Pa.C.S. § 9125(b) · 18 Pa.C.S. § 9122.5(a.1)

Sealed and expunged records

Who it covers: All employers and other noncriminal justice agencies.

In force since: June 11, 2024

Pennsylvania’s Clean Slate law seals records automatically (‘limited access’) without a petition: non-conviction charges; summary convictions after five years; second- and third-degree misdemeanors and misdemeanors punishable by up to two years after seven years free of qualifying convictions; and certain qualifying felonies after ten years (Act 36 of 2023). Restitution must be paid. An employer may not ask about a sealed or expunged record, the applicant may answer as if the offense did not occur, and the record may not be used for employment.

Exceptions

  • Criminal justice agencies and disclosures authorized under § 9121(b.1)-(b.2).
  • Federal law requiring consideration of criminal history for employment.
  • Offenses excluded under § 9122.3; records vacated under § 9122.4.
  • Courts for sentencing; self-disclosure for public office under Pa. Const. art. II, § 7.

18 Pa.C.S. § 9122.2(a)(1) · 18 Pa.C.S. § 9122.2(a)(1.1) · 18 Pa.C.S. § 9122.5(a)(1) · 18 Pa.C.S. § 9122.5(a)(1)

Cannabis use and testing

Who it covers: All employers.

In force since: May 17, 2016

Medical only; no adult-use program. An employer may not discharge, threaten, refuse to hire or discriminate against an employee solely for being certified to use medical marijuana. Employers need not allow use on the premises and may discipline for working under the influence when conduct falls below the job’s standard of care. Patients may be barred from certain duties while impaired (permit-required chemicals, high-voltage utilities, heights, confined spaces, life-threatening tasks, public-safety duties). No state limit on pre-employment THC testing; Philadelphia and Pittsburgh add local limits.

Exceptions

  • Use on the employer’s premises.
  • Impairment at work below the standard of care for the position.
  • Acts that would violate federal law.
  • Section 510 safety-sensitive duties while under the influence.

Medical Marijuana Act, Act 16 of 2016, § 2103(b)(1) (35 P.S. § 10231.2103(b)(1)) · Act 16 of 2016, § 2103(b)(2) · Act 16 of 2016, § 510(2)

The state consumer reporting law

Who it covers: Any employer that receives criminal history record information.

In force since: December 8, 1982

Pennsylvania has no FCRA analogue for consumer reports generally. The Criminal History Record Information Act (CHRIA) is the state overlay for criminal records: job-related use only (§ 9125(b)) and written notice when a hiring denial rests in whole or in part on criminal history (§ 9125(c)). No extra disclosure form, investigative-report rules or CRA registration.

18 Pa.C.S. § 9125(c)

Where federal law alone applies

We found no Pennsylvania rule for private employers on these topics. The FCRA and other federal laws still apply.

  • Credit checks
  • Salary history
  • Drug testing procedures

Local rules

Some places in Pennsylvania add their own rules. A local rule applies on top of the state rule.

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Pennsylvania requirements where they apply.

Pennsylvania or a place in it sets its own waiting period. The waiting period calculator counts it.

Paperwork at hire

Besides the federal Form I-9 and W-4, Pennsylvania sets these for each new hire.

  • State withholding. Withhold Pennsylvania personal income tax at the flat 3.07 percent rate; no state allowance certificate is needed from a new hire. Collect Form REV-419 only from an employee who claims an exemption (for example, a resident of a reciprocal state or a qualifying military spouse).
  • New hire report. Report each new hire to Pennsylvania within 20 days. State new hire reporting
  • Notices at hire. Notice of pay rate, payday and fringe benefits; Residency Certification Form (local earned income tax).

Build the new hire checklist for Pennsylvania, with city rules, special cases and a due date for each item.

Sources

Last reviewed · General information, not legal advice.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.

State law

Background check laws by state

Pick a state to see what its law adds to the federal FCRA. A darker state has state law on more of the eight topics we cover.

  • State law on 1 to 3 topics
  • 4 or 5 topics
  • 6 to 8 topics

Every state, with its review date