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

Pennsylvania Background Check Laws (2026)

One of the most important aspects of conducting a background check for employment is understanding the specific background check laws in your state. For Pennsylvania, the laws are extensive, but we have broken them down for you here.

Federal Laws

Fair Credit Reporting Act

The first regulation that must be followed when conducting a PA background check on a potential employee is in conjunction with the Fair Credit Reporting Act (FCRA). According to this federal law, an employer must notify their candidate of the employer’s intent to conduct a background check if utilizing a third-party company for the screening.

This notification must include the contact information of the background screening company through which the report will take place.

Once you obtain and review a candidate’s background check, you must decide whether or not you will proceed with hiring them.

If you decide you no longer wish to hire the candidate based on the information found on their background check report, you must follow the FCRA’s guidelines for Adverse Action.

According to the FCRA, if an employer decides they will not hire a candidate based on information found during the background screening process, they must take these steps:

1. Send a pre-adverse action letter to the candidate notifying them of your intent to not hire them based on their background check report;
2. Wait a reasonable amount of time before sending an official letter, giving the candidate time to review their report and dispute any errors;
3. Finally, if you still choose to not hire them based on their background check report, send the applicant an official adverse action letter stating your decision.

To ensure you stay compliant with these PA background check laws, consider partnering with a reputable third-party background check company, such as iprospectcheck.

We are familiar with these regulations and can help you stay compliant throughout the entire process.

Fair Chance to Compete for Jobs Act

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

This law prohibits agencies from contracting with contractors that ask about criminal history information before they have extended conditional employment offers to applicants.

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

Since the law applies to federal contractors, it is critical for any employer with federal contractors to comply with it.

Title VII of the 1964 Civil Rights Act

Title VII of the Civil Rights Act of 1964 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, has provided guidance to employers when they learn about the criminal records of applicants.

Employers should individually assess criminal history information in terms of the duties of the job before basing a decision not to hire an applicant on that information.

State 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:

• Felony and misdemeanor convictions if they relate to the applicant’s suitability for the position
• Notice must be provided when an employer bases a decision not to hire the applicant on the conviction information

Fair-Chance Human Resources Policy for Public Employers

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

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

Pennsylvania Clean Slate/Limited Access Law

Under 18 Pa.C.S. § 9122.2, certain individuals with misdemeanor convictions will automatically be granted limited access to those records.

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. Cons. Stat. Ann. 9125 suggests that an employer in Pennsylvania should not review summary offenses in conjunction with the job offer.

Credit Information

In Philadelphia, PA, as of July 1, 2017, per the 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.

Past Salary Laws

While PA background checks include a variety of verifications and checks, they do not report past salary history. However, this information can still be uncovered during the interview process. In April 2018, the federal court, in the case of the 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, to avoid possible litigation, it is best practice to not obtain past salary information at all.

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

And effective on May 23, 2017, 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.

These regulations are set in place to protect employees and provide employers with only the necessary information they need to make the best hiring decisions.

Pennsylvania Background Check Laws for Schools

Under Pennsylvania law, all student teacher candidates, applicants to private and public schools, and independent contractors that contract 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

At iprospectcheck, we can obtain reports from each of these sources for schools and companies that contract with them.

Philadelphia’s Prohibition on Marijuana Testing

The Philadelphia City Council passed an ordinance in April 2021 that will be 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 exempted, including law enforcement agencies, those who provide services to vulnerable populations, those that require commercial driver’s licenses, and those that are otherwise required to test for marijuana by state or federal law or that are hiring for positions that could significantly affect the safety and health of the public or other employees.

Certified Marijuana Users Can Sue for Adverse Job Actions

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

Local Laws

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 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

• Pittsburg – Public employers, city contractors, city vendors

• Reading – Public employers only

• York – Public employers only

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.