By Jaqueline D. Hopkins, Esq., Employment Law Attorney & Culture Consultant, Loutel Law

Philadelphia just made major moves to expand job access for people with criminal records and, if your business is hiring in the city, this applies to you.

On October 8, 2025, Mayor Cherelle Parker signed into law Bill No. 250373-A, which updates the city’s Fair Criminal Record Screening Standards. These changes have serious implications for how employers handle criminal background checks during hiring, promotions, and rehires. Whether you’re bringing on full-time staff, temps, contractors, or gig workers, here’s the breakdown of what’s changed and what it means for you.

Here are the most important updates Philadelphia employers need to understand:

#1. Summary Offenses Are Off the Table

Summary offenses are the lowest-level criminal charges in Pennsylvania – we’re talking things like loitering, disorderly conduct, or small-scale retail theft. In the past, employers could factor these into hiring decisions. Not anymore. Now, summary offense convictions can’t be considered at all, unless a state or federal law specifically says otherwise.

#2. Employers Can Only Look Back So Far

In addition to removing summary offenses from consideration, the law tightens how far back employers can look when considering someone’s criminal record:

• Felony convictions within the last 7 years of the date of inquiry (excluding time spent incarcerated).
• Misdemeanor convictions within the last 4 years.
• Expunged, sealed, or exonerated records cannot be considered at all.

If it’s old or no longer legally valid, you can’t use it to make a hiring decision.

#3. More Workers Are Covered Now

The law now explicitly covers independent contractors, rideshare and gig economy workers, temp agency placements, and anyone working within the city, regardless of classification. Even if your business uses 1099 workers or gig platforms exclusively, these updates apply to you.

#4. Background Checks Come After the Offer

Employers are no longer allowed to ask about criminal history on job applications and interviews, or hint that a background check will be required before making a conditional offer of employment. Only after a conditional offer can a background check be conducted, and even then, it has to be relevant to the job.

#5. No Snap Judgments — You Have to Assess

If a background check reveals a conviction, you can’t just pull the offer. You’re legally required to do an individualized assessment considering factors such as the nature of the offense, amount of time lapsed since the offense, job duties, and evidence of rehabilitation. You also have to give the candidate a copy of the background check, explain why you’re considering rejecting them, and give them 10 business days to respond or share more info.

#6. Enforcement & Penalties are Serious

The law now has stronger enforcement, and penalties that matter. If your company doesn’t comply, here’s what’s at stake:

• Fines up to $2,000 per violation
• Liquidated damages
• Private right of action (employees can sue)
• Attorneys’ fees and court costs

What This Means for Employers

These updates are not minor — they require a proactive shift in how you handle recruitment, background checks, and HR policy. Employers who fail to update their processes risk legal exposure. But with the right updates, your organization can stay compliant and lead with fairness.

3 Quick Steps Employers Can Take Right Now

1. Remove all criminal history questions from applications and interviews
2. Update your background check protocols
3. Review your job postings for language around background screening

Loutel Can Help

At Loutel Law, we help employers stay on the right side of employment law, especially when the rules shift. Whether you need a policy review, HR compliance training, or guidance on implementing fair chance hiring practices, we have you covered. Contact us to ensure your company is fully compliant with Philadelphia’s updated Fair Chance Hiring law.

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