Pennsylvania Background Checks for Employment: A Complete Guide [2026]

If you’re looking to hire new employees for your Pennsylvania company, it’s important to conduct background checks on all potential hires.

At iprospectcheck, we’re familiar with the unique laws and regulations surrounding the screening process for this state so we put together this guide on Pennsylvania background checks as a resource for employers.

What Is a Pennsylvania Background Check?

A Pennsylvania employment background check is an investigation of the background, qualifications, criminal history, education, and employment history of an applicant.

Employers conduct background checks on applicants to ensure they are qualified for their positions and are trustworthy and safe.

You can protect yourself from surprises by completing a self-background check in Pennsylvania. This way, you’ll know exactly what shows up on your record and have time to correct errors.

What Shows Up on a Local Background Check?

Most employers request the following searches on employment background checks in Pennsylvania:

• Criminal history
• Education verification
• Employment verification
• Social Security Number trace/Identity verification
• Professional license verification

Here’s what might appear on these searches:

Criminal History Check

If an applicant has a criminal conviction or a pending criminal case, the following information will appear on a criminal background check for employment:

• Case number
• Type of offense
• Offense date
• Severity of the offense (misdemeanor/felony)
• Disposition (if the case is finished)
• Disposition date (if the case is finished)
• Sentence (if the case is finished?

Education Verification

Education verification confirms the information applicants have reported about their education and shows the following information about the schools they have attended:

• Name/address of the institution
• Attendance dates
• Degrees or diplomas awarded

Employment Verification

Employment verification reveals the following information about an applicant’s former jobs:

• Name/address of the employer
• Employment dates
• Positions/job titles

Social Security Number Trace/Identity Verification

A Social Security Number trace shows the following information about the number reported by the applicant:

• Issuance date
• Names/aliases associated with the SSN
• Date of birth associated with the number
• The SSN’s validity
• State in which the SSN was issued
• Addresses that have been associated with the number

Professional License Verification

Employers that hire applicants for jobs requiring licenses or certifications might ask for professional license verification.

This type of search reveals the following information about an applicant’s license or certificate:

• License or certificate number
• Date of issuance
• Expiration date
• Validity
• Sanctions/discipline against the license or certificate

Important Laws and Regulations (2026)

Federal Laws

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) protects individual privacy in the information that consumer reporting agencies (CRAs) collect, retain, and report to third parties, including employers requesting background checks.

This law contains a seven-year reporting rule that prevents CRAs from reporting the following older information for jobs paying under $75,000 annually:

• Arrests not culminating in convictions
• Paid tax liens
• Chapter 13 bankruptcies (10 years for bankruptcies filed under Chapter 7)
• Civil lawsuits and judgments
• Debt collection accounts

Employers that use CRAs to conduct background checks must also comply with several rules under the FCRA.

Before you can start a background check, you must notify your applicants and employees of your intention on a standalone form and obtain their written authorization.

If you learn negative information about a candidate on a background check, you must complete the adverse action process before making a final decision not to hire them:

• Send a pre-adverse action notice together with a copy of the report that contains the negative information.
• Give the candidate a reasonable chance to respond (typically, five business days). They can provide evidence that the information is wrong or that they have been rehabilitated.
• Send a final adverse action notice if you make a final decision not to hire them. Include a copy of their FCRA rights.

Fair Chance to Compete for Jobs Act

The Fair Chance to Compete for Jobs Act (FCA) is a federal law that applies to federal contractors and federal agencies.

This law prohibits agencies from contracting with companies that ask about criminal history information before extending conditional employment offers to applicants.

Federal agencies must also wait until after extending conditional job offers to applicants to complete criminal background checks.

Title VII of the 1964 Civil Rights Act

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits workplace discrimination when it’s based on the protected characteristics of employees and applicants.

The Equal Employment Opportunity Commission (EEOC), which enforces Title VII, issued enforcement guidance for employers when they learn about the criminal records of applicants.

Employers should individually assess criminal history information as it relates to the job duties and workplace safety before basing a decision not to hire an applicant on a criminal record.

State and Local Laws

Criminal Background Information

Under 18 Pa.C.S. § 9125 of the Pennsylvania Criminal History Record Information Act, employers can use an applicant’s criminal conviction information only when doing so complies with the following provisions:

• You can only use felony and misdemeanor if they relate to the applicant’s suitability for the position
• You must provide notice to the applicant if you base a decision not to hire them on the conviction information

Fair-Chance Human Resources Policy for Public Employers

The Commonwealth of Pennsylvania Office of Administration issued Human Resources Policy TM-0001 on May 15, 2017. This policy applies to public employers in the Commonwealth and prohibits state government employers from inquiring about criminal records on applications.

Public employers must also wait to investigate applicants’ criminal backgrounds until they have extended conditional employment offers.

Pennsylvania Clean Slate/Limited Access Law

Under 18 Pa.C.S. § 9122.2, Pennsylvania will automatically grant limited access to certain individuals with misdemeanor convictions.

Qualifying misdemeanors include those older than 10 years for which the individual has satisfied all restitution orders.

Convictions for which limited access has been granted can’t be reported to employers on criminal background checks for employment.

Pennsylvania also has a lesser category of offenses known as “summary offenses.” A conservative reading of 18 Pa.C.S. § 9125 suggests that an employer in Pennsylvania should not review summary offenses for job offers.

Salary History Ban for Commonwealth Agencies

Former Gov. Tom Wolf issued Executive Order 2018-03, which banned executive branch agencies in the Commonwealth from asking applicants for salary history information at any point during the hiring process.

Candidates may voluntarily disclose salary history. Commonwealth positions should display pay scales and ranges for posted jobs, and agencies must determine compensation by a position’s job duties.

Otherwise, Pennsylvania has no statewide salary history ban, but local governments have passed them, as discussed further below.

Pennsylvania Background Check Laws for Schools

Under Pennsylvania law, all student-teacher candidates, applicants to private and public schools, and independent contractors who work with schools must undergo pre-employment background checks if their positions require contact with students.

Additionally, all applicants must also undergo reviews of their employment histories.

The required background check reports for applicants include the following:

• Child abuse history clearance from the Pennsylvania Department of Human Services
• Criminal records check from the Pennsylvania State Police
• Federal criminal history information check

Certified Marijuana Users Can Sue for Adverse Job Actions

In Palmiter v. Commonwealth Health Systems, 2021 Pa. Super. 159 (2021), the Pennsylvania Superior Court held that certified medical marijuana users have a private right of action under the Pennsylvania Medical Marijuana Act.

Under this decision, candidates can sue if they’re denied employment based on their medical marijuana use.

Local Ban-the-Box Laws

Ban-the-box laws control when you can request information about an applicant’s criminal history in the hiring process.

Some counties and cities only have ban-the-box laws for public sector employers, and others have laws that apply to both public and private employers.

The local laws also differ on whether the box is only banned on applications or if employers must wait until after an interview or a conditional job offer to check criminal history.

The following cities and counties in Pennsylvania have ban-the-box laws:

• Allegheny County – Public employers only
• Allentown– Public employers only
• Beaver County – Public employers only
• Bethlehem – Public employers only
• Lancaster – public employers only
• Northampton County – Public employers only
• Philadelphia – Public and private employers**
• Pittsburgh – Public employers, city contractors, city vendors
• Reading – Public employers only
• York – Public employers only

**On Oct. 8, 2025, Philadelphia amended its Fair Criminal Record Screening Standards Ordinance (FCRSSO) and expanded its ban-the-box protections for applicants.

Among other changes, the lookback periods for misdemeanor convictions were shortened to four years and for felony convictions to seven years. Employers may not consider summary offenses at all.

These changes were effective on Jan. 1, 2026.

Philadelphia Salary History Ban

In Philadelphia, employers may not inquire about or require disclosure of a prospective employee’s wage history.

An employer is forbidden to rely upon the wage history of a prospective employee obtained from a current or former employer when determining the wages for the applicant in question.

This rule is in effect at any stage of the employment process, including during background checks.

In April 2018, the federal court, in the case of Chamber of Commerce v. The City of Philadelphia, case no. 17-1548, ruled that the city could not ban employers from asking about salary history, but employers were still banned from using the knowledge of past salary to offer a lower salary.

However, in 2020, the US Court of Appeals for the Third Circuit reversed the lower court and found that Philadelphia could ban salary history inquiries and that the lower court relied on a much higher standard than what the US Supreme Court requires.

Pittsburgh Salary History Inquiry Restriction

Employers in Pittsburgh are prohibited from inquiring about an applicant’s wage history until after an offer of employment is made under Article XI Chapter §181.13 of the City Code.

Philadelphia Credit Information Restriction

Under Philadelphia Code §9-1130, it is generally unlawful for an employer to obtain or use credit information in connection with the following: hiring, discharge, tenure, promotion, discipline, or conditions of employment.

This means that in Philadelphia, an employer cannot review a candidate’s credit history when determining a candidate’s employment status.

Philadelphia’s Prohibition on Marijuana Testing

The Philadelphia City Council passed an ordinance in April 2021 that was effective as of Jan. 1, 2022.

Under Philadelphia Code Chapter 9-4700, non-exempt businesses are prohibited from conditioning offers of employment on pre-employment marijuana tests.

Certain employers are exempt:

• Law enforcement agencies
• Companies providing services to vulnerable populations
• Businesses hiring for jobs that require commercial driver’s licenses
• Employers otherwise required to test for marijuana by state or federal law
• Employers hiring for positions that could significantly affect the safety and health of the public or other employees

How to Conduct a Background Check in Pennsylvania

1. Develop an Effective Background Check Policy

Before your organization begins conducting background checks, create a comprehensive background check policy to ensure your program complies with local, state, and federal laws.

Include information about the types of searches you’ll perform for different positions, and make sure your policy is uniform to avoid potential bias.

2. Train HR Staff

Once you’ve created your background check policy, train them thoroughly.

Ensure they know the laws that apply and the specific steps to take before, during, and after conducting a background check.

3. Follow Notice and Consent Rules

The FCRA includes notice and consent rules for employers that conduct background checks.

You must notify applicants and employees that your organization completes background checks. This notice must be on a standalone form without additional information.

Before you start a background check, you must also get the applicant’s signed consent.

4. Partner with the Right Provider

If you choose an incompetent background check provider, your reports will be of little value.

Instead, you should check the company’s reputation and choose a reliable partner like iprospectcheck.

We stay up-to-date with all local, state, and federal laws to maintain compliance, and we always return comprehensive, accurate, current, and FCRA-compliant background check reports to our clients quickly.

5. Assess and Communicate the Results

Once you receive your reports, review them closely.

If you are satisfied, communicate the results to the candidate and schedule onboarding and a hiring date.

If you are concerned because of information contained in a background check report, move forward with the next steps.

6. Individually Assess Convictions

A criminal conviction should not be an automatic disqualification for a job.

Instead, you should individually assess a conviction concerning the job for which the candidate is under consideration before you decide not to hire the applicant based on that information.

7. If Necessary, Complete the Adverse Action Process

If you decide not to hire an applicant based on information learned in a background check report, the FCRA requires you to complete the following adverse action steps:

• Send the applicant a pre-adverse action letter explaining the problematic information and including a copy of the report.
• Give the applicant a reasonable time to respond to the pre-adverse action letter. A reasonable response time is typically five business days. The applicant can provide evidence of the information’s inaccuracy or rehabilitation.
• If you still don’t want to hire the applicant, send a final adverse action letter and enclose a copy of their rights under the FCRA and state law.

Get a Pennsylvania Background Check with iprospectcheck

Hiring new employees is an important part of growing your company. We understand the care and consideration that goes into the hiring process, including conducting background checks on all potential candidates. That is why we offer Pennsylvania background checks for employers that are simple, quick, and cost-effective.

At iprospectcheck, we have a variety of background check packages for employment, so you only pay for the information you need. Plus, we provide other valuable services you may use during the hiring process, such as drug screening and clinical services.

Contact us today to learn more about our complete background check services and to schedule a free, no-obligation consultation: (888) 509-1979

DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.