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.
| Topic | Pennsylvania rule |
|---|---|
| Criminal history questions | 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. |
| Limits on what a report includes | No state seven-year rule. Pennsylvania limits use, not report contents. |
| Sealed and expunged records | 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… |
| Credit checks | No state rule. Federal law applies. |
| Salary history | No state rule. Federal law applies. |
| Cannabis | 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. |
| Drug testing procedures | No state rule. Federal law applies. |
| State consumer reporting law | Pennsylvania 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.
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.
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.
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.
- Philadelphia (city) – Fair Criminal Record Screening Standards. Any employer with employees in the city. No criminal-conviction inquiry or background check until after a conditional offer; no question about willingness to submit to a check. Individualized assessment with listed factors; no blanket exclusion policies. Lookback: felonies only if arrest or release from incarceration was within seven years; misdemeanors within four years; summary offenses and expunged or sealed records may not be considered. Before rejecting, written notice of the provisional decision with the convictions considered, a copy of the record, a plain-language rights notice, and ten business days to respond. Anti-retaliation added 2025.
Phila. Code ch. 9-3500, §§ 9-3504(1), (3)-(6), 9-3504.1, 9-3511, as amended by Bill No. 250373-A (passed Sept. 25, 2025; signed Oct. 8, 2025; effective 90 days after adoption = Jan. 6, 2026). § 9-3504.1(3): 'The employer shall allow the Applicant or Employee ten (10) business days to provide evidence of the inaccuracy of the information or to provide an explanation'. - Philadelphia (city) – credit screening. Employers may not procure, seek consent for, or use credit information in hiring or any employment decision. Exemptions: law enforcement agencies and financial institutions; information required by state or federal law; bonded jobs; supervisory or managerial jobs setting business direction; significant financial responsibility; access to customer, employee or employer financial information; access to confidential or proprietary information. When an exemption is used and credit information drives an adverse action, the employer must disclose the reliance in writing and let the person explain first.
Phila. Code § 9-1130, enacted by Bill No. 160072 (passed May 26, 2016; signed June 7, 2016; 'This Ordinance shall take effect in 30 days' = July 7, 2016). § 9-1130(1): 'to procure, to seek a person's cooperation or consent to procure, or to use credit information regarding an employee or applicant'. - Philadelphia (city) – Wage Equity Ordinance. Employers and employment agencies may not ask about a prospective employee’s wage history, require it, condition an interview or job on it, or retaliate for refusing to give it. They may not rely on wage history from a prior employer to set pay unless the applicant knowingly and willingly disclosed it. Exception for inquiries a federal, state or local law specifically authorizes.
Phila. Code § 9-1131(2), enacted by Bill No. 160840 (passed Dec. 8, 2016; signed Jan. 23, 2017; effective 120 days after enactment = May 23, 2017; enforcement began in 2020 after Greater Philadelphia Chamber of Commerce v. City of Philadelphia). § 9-1131(2)(a)(i): 'To inquire about a prospective employee's wage history, require disclosure of wage history, or condition employment or consideration for an interview or employment on disclosure of wage history'. - Philadelphia (city) – pre-employment marijuana testing. Employers, labor organizations and employment agencies may not require a prospective employee to test for marijuana as a condition of employment. Exempt jobs: police and law enforcement; positions requiring a CDL; supervision or care of children, patients, disabled or vulnerable people; positions that could significantly affect health or safety as set by regulation. Testing required by federal or state law, by a federal contract or grant, or by a collective bargaining agreement that addresses pre-employment testing is also exempt.
Phila. Code ch. 9-5500, § 9-5502; 'This Ordinance shall take effect on January 1, 2022.' Bill § 9-4702(1): 'to require a prospective employee to submit to testing for the presence of marijuana in such prospective employee's system as a condition of employment.' - Pittsburgh (city) – medical marijuana patients. Employers of five or more employees may not discriminate against a lawful medical marijuana patient, including by requiring pre-employment marijuana testing or testing during employment as a condition of the job. Exempt: positions subject to U.S. DOT or PennDOT drug-testing rules; positions that require carrying a firearm; applicants whose employer has a collective bargaining agreement that specifically addresses pre-employment testing. The Medical Marijuana Act § 510 safety limits still apply. Testing for illegal drug use, for-cause testing on reasonable suspicion, and post-accident testing remain allowed.
- Pittsburgh (city) – ban the box for city contractors. City contractors and subcontractors only: no criminal-history inquiry before a conditional offer for work under a city contract; job-relatedness test; written notice with a chance to respond. Not a general private-employer rule.
- Lehigh County. County Human Relations Ordinance covering employers of one or more employees: criminal-history protections, inquiry timing and a written-notice duty, enforced by a county commission. Effective June 1, 2024 outside Allentown and Bethlehem.
- Northampton County. County Human Relations Ordinance covering employers of one or more employees: criminal-history protections and written notice, mirroring Lehigh County. In force June 1, 2026 outside the City of Bethlehem.
- Chester County. County Human Relations Ordinance covering employers of four or more employees: criminal-history rules and a written-notice duty (2025).
- Allentown (city). City ordinance covering employers of one or more employees: criminal-history protections and notice, enforced locally (Ordinance 16140, passed June 4, 2025).
- Delaware County. County code covering employers of one or more employees: criminal-history provisions and salary-history limits (Ord. June 2025).
- Erie County. County ordinance covering employers of four or more persons in the county: ban the box, no automatic exclusion, written notice with a copy of the report and ten business days to respond, plus a credit-history ban.
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
- 18 Pa.C.S. § 9125(a)
- 18 Pa.C.S. § 9122.5(a.1)
- 18 Pa.C.S. § 9122.2(a)(1)
- Medical Marijuana Act, Act 16 of 2016, § 2103(b)(1) (35 P.S. § 10231.2103(b)(1))
- Phila. Code ch. 9-3500, §§ 9-3504(1), (3)-(6), 9-3504.1, 9-3511, as amended by Bill No. 250373-A (passed Sept. 25, 2025; signed Oct. 8, 2025; effective 90 days after adoption = Jan. 6, 2026). § 9-3504.1(3): ‘The employer shall allow the Applicant or Employee ten (10) business days to provide evidence of the inaccuracy of the information or to provide an explanation’.
- Phila. Code § 9-1130, enacted by Bill No. 160072 (passed May 26, 2016; signed June 7, 2016; ‘This Ordinance shall take effect in 30 days’ = July 7, 2016). § 9-1130(1): ‘to procure, to seek a person’s cooperation or consent to procure, or to use credit information regarding an employee or applicant’.
- Phila. Code § 9-1131(2), enacted by Bill No. 160840 (passed Dec. 8, 2016; signed Jan. 23, 2017; effective 120 days after enactment = May 23, 2017; enforcement began in 2020 after Greater Philadelphia Chamber of Commerce v. City of Philadelphia). § 9-1131(2)(a)(i): ‘To inquire about a prospective employee’s wage history, require disclosure of wage history, or condition employment or consideration for an interview or employment on disclosure of wage history’.
- Phila. Code ch. 9-5500, § 9-5502; ‘This Ordinance shall take effect on January 1, 2022.’ Bill § 9-4702(1): ‘to require a prospective employee to submit to testing for the presence of marijuana in such prospective employee’s system as a condition of employment.’
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.