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Legislators in Philadelphia passed a bill that is intended to prohibit unfair discrimination against individuals who have various types of criminal records.

A New Fair Chance Law For 2026

Philadelphia lawmakers approved Bill No. 250373-A, which is titled the Fair Criminal Record Screening Standards. The law states that it is not legal for any city agency or private employer to knowingly and intentionally make an inquiry about, or to take any adverse action against applicants or employees because they have an arrest or criminal accusation made against them if it has not resulted in a conviction.

The bill also says that it is an unlawful, discriminatory practice for employers to make inquiries regarding, or to require any person to disclose criminal convictions during the hiring process, unless they are required by federal or state law.

Bill No. 250373-A also covers various other scenarios. It goes into effect on January 6, 2026.

Background Checks Are Still Encouraged

Bill No. 250373-A clarifies that employers may still run comprehensive background checks. It also says employers may require their employees to report pending criminal charges. However, an organization may not take any adverse action because of a pending charge unless the offense is relevant to the person’s position.

Individualized Assessments

The new law creates requirements organizations must follow when considering adverse actions. If an employer screens an applicant, volunteer, contractor or employee and criminal records are discovered, they will be required to consider:

• The nature of the offense.
• How much time has passed since the offense occurred.
• The person’s employment history before and after the offense and any period of incarceration.
• Whether the offense is relevant to the position being sought.
• Any character or employment references or evidence of rehabilitation.

Definitions Established

Bill No. 250373-A also established some definitions for key terms. Examples include:

• Conviction. Any sentence disposition arising from a verdict or plea of guilty or nolo contendere. This includes a sentence of incarceration, a suspended sentence, a sentence of probation or a sentence of unconditional discharge.
• Employee. Any person employed or permitted to work at or for a private employer within the city, including as an independent contractor, transportation network company driver, rideshare driver or other gig economy worker.
• Incarceration. Lawful confinement in a jail or prison. This does not include parole, home confinement or residence at a treatment facility or residential program.
• Adverse Action. Any action that negatively affects an applicant or employee’s compensation, terms of employment, or condition of current or future work.
• Job Advertisement. Any solicitation, advertisement, or publication that is made, orally or in writing to promote potential employment opportunities.

Employment Background Checks

Background reports are a critical tool for every employer. They help hiring managers make informed decisions and maintain safe workplaces.

If your organization needs employment background checks, please contact us. We can help you customize screening packages based on your particular needs, relevant laws and industry standards. Our friendly, experienced team is available to assist you Monday through Friday from 5am to 6pm PT.