Philadelphia has once again strengthened its commitment to fair chance hiring. On October 8, 2025, Mayor Cherelle Parker signed a major amendment to the city’s Fair Criminal Record Screening Standards, also known as the “ban the box” law. This update, which takes effect on January 6, 2026, further limits how employers can use criminal history in hiring decisions and enhances worker protections across the city.
The new amendment adds stricter rules on when and how employers can consider convictions, expands notice requirements, and reinforces anti-retaliation safeguards. For HR leaders and employers operating in Philadelphia—including those hiring remote workers within city jurisdiction—these updates signal the need for prompt compliance reviews and training.
A Look Back: Philadelphia’s Ban the Box Evolution
Philadelphia has been a national leader in fair hiring laws since first passing its ordinance in 2011. Initially, only private employers with 10 or more workers were covered, and criminal history questions were banned from job applications. The law has since evolved through several amendments—in 2016, 2021, and now in 2025—each expanding coverage and deepening worker protections.
The 2025 update represents the city’s most comprehensive step yet toward individualized, equitable assessments of applicants’ backgrounds. It narrows the timeframe for considering past offenses, protects sealed and expunged records, and requires more transparency in how employers make hiring decisions.
Key Changes Employers Need to Know
Here are the five major updates every employer should prepare for:
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Shorter Lookback for Misdemeanors: Employers can now only review misdemeanor convictions from the past four years (down from seven). Felony convictions still carry a seven-year limit.
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Summary Offenses Off-Limits: Minor infractions, or summary offenses, are now completely excluded from consideration—aligning city rules with Pennsylvania law.
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Sealed and Expunged Records Protected: Employers must ignore any sealed or expunged records, even if they appear in a background check. Applicants also get the right to provide proof of record sealing before a final decision.
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Expanded Notice and Rebuttal Rights: Before denying employment based on criminal history, employers must issue a written provisional notice, identify the conviction(s), attach the background report, and allow 10 business days for a response.
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Stronger Anti-Retaliation Protections: If adverse action occurs within 90 days after an applicant asserts their rights, it’s presumed to be retaliation, unless the employer can prove otherwise.
These updates not only raise compliance expectations but also emphasize Philadelphia’s focus on rehabilitation and fairness in the hiring process.
How Employers Can Prepare for 2026 Compliance
With the law taking effect in January 2026, employers should act now to update hiring policies and background screening procedures. Start by:
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Reviewing current policies against the new rules, especially regarding misdemeanor lookbacks and summary offenses.
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Updating adverse action templates to meet new notice and rebuttal requirements.
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Training HR and hiring teams to evaluate rehabilitation evidence and apply individualized assessments.
Early preparation will help employers avoid compliance risks, strengthen equitable hiring practices, and demonstrate a genuine commitment to second-chance employment.
Final Takeaway
For more than a decade, Philadelphia’s fair chance laws have reshaped how employers approach hiring individuals with criminal records. The 2025 amendment continues that legacy—creating a framework that balances safety, fairness, and opportunity. Employers who adapt early won’t just stay compliant—they’ll lead the way in building inclusive workplaces where second chances drive stronger communities and better business outcomes.
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