Pennsylvania — Hiring & Onboarding

Pennsylvania employers must report all newly hired and rehired employees to the Commonwealth Directory of New Hires within 20 days of the date of hire. The "date of hire" means the first day the employee performs services for remuneration. Employers must report employees who reside or work in Pennsylvania, including part-time, seasonal, and temporary employees. The reporting obligation applies even if the employee works only one day before separation. Reports are submitted to the Pennsylvania Department of Labor & Industry through the PA CareerLink system.

Source: 23 Pa. Cons. Stat. § 4392

Pennsylvania's Criminal History Record Information Act (CHRIA) imposes statewide limits on how employers may use an applicant's criminal history during hiring. Under 18 Pa. Cons. Stat. § 9125(a), whenever an employer is "in receipt of information which is part of an employment applicant's criminal history record information file," the employer may use that information for hiring decisions only in accordance with the statute's restrictions. The statute does not prohibit asking about criminal history; it restricts how the information may be used once obtained.

Suitability requirement

Felony and misdemeanor convictions may be considered only "to the extent to which they relate to the applicant's suitability for employment in the position for which he has applied." 18 Pa. Cons. Stat. § 9125(b). This is a job-relatedness standard: employers may not categorically reject applicants based on a conviction but must instead assess whether the particular conviction bears on the specific role. An employer that refuses to hire an applicant immediately upon learning of a conviction—without evaluating its relevance to the position—violates the statute.

Scope of coverage

Section 9125(a) applies when the employer is "in receipt of" criminal history information that is "part of" the applicant's criminal history record file, regardless of how the employer obtained the information. In Phath v. Central Transport, 2026 WL 404867 (3d Cir. Jan. 28, 2026), the Third Circuit held that CHRIA applies even when the applicant voluntarily discloses a conviction directly to the employer during the hiring process, rather than the employer obtaining it from a state repository. The court emphasized that "what matters in § 9125(a) is the type of information that the employer received, not its source." The statute does not require that the employer receive the information from the file itself or from a state agency; it is enough that the information disclosed (here, the conviction) is in fact part of the applicant's criminal history record file.

Written notice requirement

If the employer decides not to hire an applicant and that decision is "based in whole or in part on criminal history record information," the employer must notify the applicant in writing. 18 Pa. Cons. Stat. § 9125(c). Failure to provide this notice when criminal history was a factor in the rejection violates CHRIA.

Relationship to local ban-the-box ordinances

CHRIA's use restrictions operate independently of, and in addition to, any local ban-the-box ordinances. Philadelphia and Pittsburgh have enacted ordinances that restrict when an employer may ask about criminal history (generally delaying inquiry until after a first interview or conditional offer). CHRIA, by contrast, does not regulate the timing of questions but instead governs how the employer may use the information once received and mandates written notice of an adverse decision. Employers in Philadelphia and Pittsburgh must comply with both the local timing restrictions and the statewide suitability and notice obligations under § 9125.

Pennsylvania does not have a statewide ban-the-box law for private employers; only certain municipalities impose timing restrictions on criminal history inquiries.

Source: 18 Pa. Cons. Stat. § 9125 Source: Phath v. Central Transport, 2026 WL 404867 (3d Cir. Jan. 28, 2026)

Not all criminal history information is treated the same under Pennsylvania’s Criminal History Record Information Act (CHRIA, 18 Pa. Cons. Stat. §§ 9101 et seq.), and the statute carves out several exclusions where its employment-use restrictions do not apply, but only under certain circumstances.

Expunged and limited-access records Under 18 Pa. Cons. Stat. § 9122.5(a), expunged criminal history record information—including both nonconviction and conviction data—"shall not be considered a conviction" for employment purposes and may not be used or required to be disclosed by employers, with narrow exceptions for federal law or certain criminal justice employers. Similarly, records made subject to "limited access" (sometimes called Clean Slate status) under §§ 9122.1 and 9122.2 are not considered convictions and are shielded from most employment uses, except as provided by law. Employers may not require disclosure of expunged or limited-access information, and decisions may not be based on such records.

Nonconviction data (arrests without conviction) Arrest records and other nonconviction data remain "criminal history record information" while they exist in government repositories or are unexpunged. CHRIA’s suitability and notice rules apply as long as the information is part of the record under § 9102. However, once nonconviction data (such as a dismissed charge, nolle prosequi, or withdrawal) is expunged via court petition or automatic triggers under § 9122(a), those facts can no longer be used or considered for employment. Prior to expungement, the restriction does not apply—the statute does not categorically exclude all arrest records from employment consideration.

Summary offense convictions Summary offense convictions (the lowest category in PA, e.g., disorderly conduct) are considered criminal history record information under § 9102. Only expunged summary offense convictions are excluded from employment use under § 9122(b)(3), which permits expungement after five years free of arrest or prosecution. Until expunged, summary offense convictions are not categorically excluded from CHRIA.

Information not covered at all “Criminal history record information” is specifically defined at § 9102 as including records of arrests, indictments, informations, or “other formal criminal charges,” and their dispositions. It expressly excludes intelligence information, investigative information, and treatment information as defined in § 9105 and related sections. These materials are not subject to CHRIA’s employment-use restrictions.

Where the statute is silent—such as about sealed records before limited access, or about the practical accessibility of dismissed cases not yet expunged—employers should proceed cautiously; CHRIA only prohibits use once the record is expunged or protected by limited access, not from the moment of dismissal or closure.

Source: 18 Pa. Cons. Stat. § 9122 Source: 18 Pa. Cons. Stat. § 9122.5 Source: 18 Pa. Cons. Stat. § 9102 Source: 18 Pa. Cons. Stat. § 9105

Unable to confirm as of 2026-06-17.

Pennsylvania imposes penalties on employers who fail to comply with the new hire reporting requirement under 23 Pa. Cons. Stat. § 4392. Employers must report newly hired or rehired employees within 20 days of hire to the Commonwealth Directory of New Hires. Failure to report can result in significant financial penalties under state law.

Penalty structure for noncompliance

• For a first offense, the penalty is up to $25 per unreported employee not timely reported.
• For subsequent offenses—if the employer and/or the person acting on behalf of the employer engages in a conspiracy not to report or willfully fails to report—a higher penalty of up to $500 per violation applies.

The distinction is drawn between innocent/non-willful first-time violations and willful or conspiratorial noncompliance. The $25 penalty is assessed for a routine failure to report, whereas the $500 penalty applies to intentional or repeated noncompliance where there is evidence of willfulness or conspiracy.

The statute states: "An employer who fails to report as required by this section shall be subject to a civil penalty, for each unreported employee, which shall not exceed $25. If the failure to report is the result of a conspiracy between the employer and employee not to supply the required report or if the employer has been previously penalized under this section, the employer shall be subject to a civil penalty not to exceed $500 for each such failure."

Enforcement

These penalties are enforced by the Pennsylvania Department of Labor & Industry. The civil penalties do not preclude any other remedy or enforcement action under state or federal law related to child support enforcement.

Source: 23 Pa. Cons. Stat. § 4392 (e)

Under 23 Pa. Cons. Stat. § 4396(e), Pennsylvania employers who fail to report a newly hired or rehired employee to the Commonwealth Directory of New Hires are subject to a civil penalty. The penalty for a first violation is not preceded by a statutory warning: the statute permits a civil penalty of up to $25 per unreported employee for any failure to report, including the first offense. There is no language requiring the Department of Labor & Industry (the enforcing agency) to issue a warning before assessing this penalty for an initial violation, and the statute expressly refers to the penalty applying to “an employer who fails to report as required by this section.”

For subsequent violations, or if the failure is determined to be willful or the result of a conspiracy with the employee to avoid reporting, the penalty sharply increases to as much as $500 per unreported employee. The statute's structure distinguishes between ordinary/non-willful first occurrences (subject to the $25 maximum per instance) and egregious or repeated violations (subject to the $500 maximum per violation). The imposition of any penalty, and the amount, is at the discretion of the Department, up to the ceiling specified in the law. Nothing in 23 Pa. Cons. Stat. § 4396(e) mandates a written or verbal warning be given before imposing the $25 penalty for a first-time reporting failure.

Employers should assume that the penalty for a first missed report can be assessed immediately upon violation, without a mandatory warning period, although in practice enforcement discretion could result in lesser consequences depending on the circumstances. This penalty regime is intended to support timely child support enforcement through accurate and prompt new hire data submission.

Source: 23 Pa. Cons. Stat. § 4396(e)

Philadelphia — The Fair Criminal Record Screening Standards (FCRSS) ordinance bars employers from any criminal history inquiry on job applications or during the interview process. Under the FCRSS and the official guidance from the Philadelphia Commission on Human Relations, Philadelphia employers may only conduct a criminal background check or ask about convictions after making a conditional offer of employment. No questions—written or oral—about arrests or convictions are permitted at the application or interview stage. The requirement applies to most employers with 1 or more employees in Philadelphia (with certain exceptions for law enforcement, child care, and other regulated fields).

Pittsburgh — The Pittsburgh Ban-the-Box ordinance (City Code § 161.16A) applies to contractors with the City of Pittsburgh and certain city affiliates. The ordinance states that covered employers may not inquire about criminal conviction history "until after the applicant has been determined otherwise qualified for the position." According to administrative guidance from the City of Pittsburgh, this “otherwise qualified” step is interpreted to mean the candidate has met all hiring criteria and been selected for further consideration—practically, this is usually after a conditional offer. However, the ordinance does not use the term “conditional offer” outright, so this timing relies on the city’s published interpretive guidance. Covered employers are advised to defer any criminal background check or conviction inquiry until the conditional-offer stage to ensure compliance.

Side-by-side timing summary:

• Philadelphia: No criminal-history question at application or interview; background check only after conditional offer (per ordinance and enforcement agency).
• Pittsburgh (city contractors): Inquiry only after applicant is determined “otherwise qualified”—per city guidance, this is generally post-conditional offer, but this reading is based on administrative interpretation, not explicit ordinance language.

Employers in these cities must align their process with both (a) the timing rules described above, and (b) statewide CHRIA rules regarding use and notice, which operate independently.

Source: Philadelphia Commission on Human Relations — employment discrimination (criminal records) Source: City of Pittsburgh Ban-the-Box (Equal Protection Office)

Under 18 Pa.C.S. § 9183, an applicant (or "person aggrieved") whose rights under the Criminal History Record Information Act (CHRIA) are violated—such as by an employer failing to follow suitability criteria, provide required notice, or otherwise comply with CHRIA's provisions—may bring a lawsuit and recover:

• Actual and real damages of at least $100 per violation. The court must award at least $100 for each separate violation, even if actual loss is less.
• Reasonable litigation costs and attorney’s fees. The statute entitles the prevailing applicant or person aggrieved to recover these, regardless of willfulness.
• Exemplary (punitive) damages of at least $1,000 and up to $10,000 per violation if the court finds the violation was willful (that is, knowing or intentional).

How remedies stack:

• For a single proven CHRIA violation, the applicant will receive a minimum of $100 plus reasonable attorney's fees and costs.
• For a willful violation, punitive damages of $1,000–$10,000 (at the court's discretion) are added to the $100 statutory minimum and attorney's fees.
• Each violation is counted separately, and there is no statutory cap on total damages or fees for multiple violations in one case.

CHRIA’s remedial structure thus allows for: (1) minimum damages per violation, (2) mandatory fee-shifting to support access to counsel, and (3) enhanced (punitive) damages for willful misconduct, mirroring civil rights enforcement frameworks. Recovery of punitive damages does require evidence of willfulness; otherwise, only the per-violation minimum and attorney’s fees are available.

Source: 18 Pa. Cons. Stat. § 9183(a)(2), (b)

18 Pa. Cons. Stat. § 9125 governs when and how Pennsylvania employers may use an applicant’s criminal history record information (CHRI) when making hiring decisions. The statute is sometimes misread as barring all criminal records from consideration unless directly relevant, but, by its plain language, § 9125(b) imposes job-relatedness and notice requirements only with respect to convictions—specifically, felony and misdemeanor convictions. It provides: “Felony and misdemeanor convictions may be considered by the employer only to the extent to which they relate to the applicant’s suitability for employment in the position for which he has applied.”

Scope — convictions only Section 9125 does not refer to arrests, pending criminal charges, or other non-conviction criminal justice information. While CHRI (as defined at 18 Pa. Cons. Stat. § 9102) encompasses a broad range—arrest records, indictments, informations, and their dispositions—§ 9125’s operative restriction (the job-relatedness suitability test) applies solely to convictions. Pennsylvania appellate courts have read this limitation strictly: there is no statutory bar in § 9125(b) against employer use of arrests, pending charges, or non-conviction data unless and until those records are expunged or made subject to a court-ordered limitation (see e.g., § 9122–9122.5 for expungement and Clean Slate rules). Employers are, however, still subject to local “ban-the-box” ordinances (such as Philadelphia and Pittsburgh), which may delay or restrict arrest-record inquiries.

Summary offense convictions § 9125(b) is silent on summary offense convictions (the lowest criminal offense tier in Pennsylvania), neither authorizing nor barring their consideration. However, until expunged under § 9122(b)(3), summary offense records are not excluded by CHRIA from employment consideration.

Effect: Employers in Pennsylvania are legally permitted (under statewide law) to consider arrest records and pending, non-conviction charges when evaluating job applicants for most roles, subject to applicable local ordinances. The suitability and mandatory-notice requirements of § 9125(b) and (c) attach only if the record at issue is a conviction.

Source: 18 Pa. Cons. Stat. § 9125 Source: 18 Pa. Cons. Stat. § 9102

Philadelphia — Fair Criminal Record Screening Standards Ordinance (Philadelphia Code § 9-3500, amendments eff. Jan. 6, 2026)

Philadelphia’s Fair Criminal Record Screening Standards Ordinance (FCRSSO) was materially amended with changes signed October 8, 2025 and effective January 6, 2026. Most private employers with at least one employee in Philadelphia are covered (subject to specified role-based exceptions: law enforcement, child care, positions required by other laws to conduct checks).

Key 2026 Amendments

• Employers may not inquire about criminal history (arrests or convictions) on job applications or during interviews.
• Criminal background checks and conviction inquiries are permitted only after a conditional offer of employment.
• Conviction lookback limits:
• Felony convictions may be considered only if they occurred within the past seven years (not counting time in incarceration).
• Misdemeanor convictions may be considered only if they occurred within four years of application or release from incarceration.
• Summary offenses may not be considered at all for employment purposes (§ 9-3500(10)(c)).
• Pre-adverse action and individualized assessment:
• Before taking any adverse action based on criminal history, employers must provide written notice, a copy of the background check, and a summary of rights.
• Employers must conduct an individualized assessment considering statutorily required factors (nature and gravity of offense, time elapsed, duties, evidence of rehabilitation, etc.).
• Applicants must be given at least 10 business days to respond/dispute/errors or submit evidence of rehabilitation.
• Job postings that state background checks will be conducted must explicitly include required individualized assessment language (per § 9-3500(7)).
• Anti-retaliation and procedural protections were expanded in these amendments.

Pittsburgh — Ban-the-Box (City Code § 161.16A)

Pittsburgh’s ordinance applies to contractors/subcontractors with the City of Pittsburgh. Covered employers are prohibited from inquiring about criminal convictions until the applicant has been found "otherwise qualified" (meeting all non-criminal hiring criteria). This point is generally interpreted (by city guidance) as the stage after a conditional offer. The ordinance’s process is less detailed than Philadelphia’s—notice and response requirements are generally advised, but not specifi ed by statute.

Compliance reminder: Employers operating in these cities must coordinate local ban-the-box timing rules with statewide CHRIA requirements for the use and notice of criminal record information, which operate independently and remain unchanged.

Source: Philadelphia Fair Criminal Record Screening Standards Ordinance, amendments effective 2026-01-06 Source: Pittsburgh Code § 161.16A, Ban-the-Box FAQ