Run a Check in Pennsylvania

Pennsylvania Background Check Laws: What Employers Need to Know

Pennsylvania applies a job-relevance standard statewide, with Philadelphia layering on some of the most detailed local hiring restrictions in the country. Relevant across the state's healthcare, logistics, and advanced manufacturing industries, here's what applies whether you're hiring in Philadelphia, Pittsburgh, or Allentown.

Convictions Must Relate to Job Suitability

Employers may only consider felony and misdemeanor convictions to the extent they relate to suitability for the position. Employers are required to evaluate the impact a conviction may have on company operations, co-workers, and customers. If a hiring decision is based on a past conviction, the employer must inform the applicant.

Summary Offenses Can't Be Considered

Pennsylvania has a lesser offense category known as "summary offenses," which can't be considered in a hiring decision at all. Currently pending cases may be considered; older cases that were still pending cannot.

Philadelphia: Criminal Record Restrictions

Employers hiring anyone to work within Philadelphia are subject to specific limits. Felonies may be considered within 7 years of conviction or release from confinement, and misdemeanors within 4 years. Summary offenses, non-conviction records, and expunged or sealed records can't be considered. Pending charges may be considered. Coverage extends to independent contractors, transportation and rideshare drivers, and gig workers. Employers must also provide applicants a copy of their rights under the Philadelphia ordinance.

Philadelphia: Credit Information

Since 2017, it's generally unlawful for a Philadelphia employer to obtain or use credit information in connection with hiring, discharge, tenure, promotion, discipline, or conditions of employment.

Philadelphia: Salary History

Philadelphia employers can't inquire about or require disclosure of a candidate's wage history at any stage of the employment process, and can't rely on wage history obtained from a current or former employer when setting pay. A 2018 district court ruling had blocked the inquiry half of the ordinance on First Amendment grounds, but the Third Circuit reversed that decision in February 2020 and the city began enforcing the full ordinance in September 2020. Both halves apply today: an employer may neither ask for wage history nor use it to set pay.

Pittsburgh

Pittsburgh employers can't inquire about a candidate's wage history until after an offer of employment is made.

State Agencies

State agencies can't ask about a candidate's past salary until after an offer of employment is made.

---

Pass-Through Fees for Pennsylvania Records

Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.

Common Questions from Pennsylvania Employers

Does Pennsylvania have a statewide Ban-the-Box law?

Not in the conventional sense. Pennsylvania's statewide rule is a job-relevance standard on how convictions can be used, rather than a delay on when they can be asked about. Philadelphia adds its own detailed timing and look-back restrictions.

What's a "summary offense" and can I consider it?

It's Pennsylvania's category for lesser offenses, and no, it can't be considered in a hiring decision.

How far back can a Philadelphia employer look at convictions?

Seven years for felonies from conviction or release, and four years for misdemeanors, with non-conviction and expunged records off-limits entirely.

This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.