Philadelphia Background Checks: An Employer’s Guide [2025]

Pre-employment background checks enable businesses to confirm their candidates’ qualifications, safety, and honesty and make better hiring decisions.

At iprospectcheck, we regularly perform background checks for employers throughout the state of Pennsylvania.

This guide outlines information about background checks in Philadelphia, specifically, including relevant laws and steps to ensure compliance.

What is a Philadelphia Background Check?

Pre-employment background checks in Philadelphia examine candidates’ qualifications, educational achievements, work histories, professional licenses, criminal backgrounds, and other important details.

These searches enable employers to evaluate candidates’ suitability, experience, and safety before hiring them.

Why Do Employers in Philadelphia Conduct Background Checks?

1. Improve Workplace Safety

Employers must provide safe work environments for all employees, vendors, and clients.

Background checks improve workplace safety by identifying issues in a candidate’s history that could indicate a potential safety risk or history of unsafe behavior.

2. Ensure a Fair Hiring Process

Consistent and standardized background screening processes help employers promote fairness in hiring decisions.

When employers implement policies that require uniform checks for positions at various authority levels, they can reduce the impact of unconscious bias on the hiring process.

3. Maintain Regulatory Compliance

Certain industries, including transportation, education, and healthcare, must comply with federal and state regulations mandating specific types of background checks.

For example, companies regulated by the U.S. Department of Transportation (DOT) must conduct DOT background checks, physicals, and drug tests on applicants before hiring them for safety-sensitive positions.

Similarly, Pennsylvania employers serving vulnerable populations, such as the elderly, disabled, or children, are required to complete fingerprint-based background checks and registry checks for abuse and neglect before hiring staff or volunteers.

4. Minimize Negligent Hiring Risks

Employers that fail to properly screen a potentially unsafe candidate and later face incidents caused by that employee can incur significant legal consequences and negligent hiring lawsuits.

Pre-employment background screenings demonstrate an employer’s due diligence in verifying that new hires are safe, capable, and responsible and reduce liability risks.

5. Build Client Trust

Many employers handle sensitive personal and financial information of their clients and customers when processing transactions, managing financial services, or delivering healthcare.

An unreliable employee could improperly access sensitive information or unintentionally cause a data breach, exposing the data to misuse.

Thorough background checks help employers verify their employees’ trustworthiness and commitment to confidentiality, bolstering client confidence in the organization’s focus on security.

6. Protect the Organization’s Brand

Employees represent the organization in public-facing roles.

Hiring a poorly vetted candidate can lead to negative incidents that harm the company’s reputation.

Background checks help businesses verify that candidates will uphold the company’s brand values and positively represent the organization.

What Information Appears on a Philadelphia Background Check?

What appears in a background report depends on the searches the employer requests.

Many Philadelphia employers commonly request the following types of checks:

Criminal History

If an applicant has a criminal conviction or pending case, a criminal background check shows the following details:

• Criminal case number
• Offense date
• Offense type
• Severity (misdemeanor or felony)
• Case disposition
• Disposition date
• Sentence information (if available)

Employers should assess convictions individually, relating each to the job’s duties and workplace safety concerns before making hiring decisions based on that information.

Consumer reporting agencies (CRAs) can’t report expunged or sealed records.

Employment Verification

Employment verification reveals the following details about an applicant’s job history:

• Employer names and addresses
• Dates of employment with each former employer
• Positions held and job titles

Verification allows employers to confirm work histories, identify employment gaps, and validate their candidates’ experience claims.

Education Verification

Education verification discloses the following information about an applicant’s achieved education:

• School names and addresses
• Enrollment dates at each institution
• Degree or diploma achieved (if applicable)

This check ensures a candidate’s educational attainment aligns with job requirements and the applicant’s honesty.

Professional License Verification

Professional license verification reports the following information about an applicant’s credentials:

• License validity
• License number
• Issuing authority
• License type
• Licensee’s name
• License issuance date
• License expiration date
• Any public sanctions, revocations, or suspensions

These checks confirm that a candidate holds the required credentials for the position.

Identity Verification

An Identity Verification Report reveals the following information about a candidate:

• Names associated with the candidate
• Birthdate
• Address History

This step validates a candidate’s identity, flags other jurisdictions that should be searched, and is a preliminary search CRAs conduct to ensure the records belong to the individual and not someone with a similar name.

Motor Vehicle Records (MVR) Check

Companies hiring drivers routinely request MVR checks, which reveal:

• License validity and class
• License number
• Licensee’s full legal name
• Licensee’s photo and physical descriptors
• Registered address
• Moving violations
• Serious traffic crimes
• License suspensions or revocations

MVR checks help employers confirm the safety and insurability of their drivers.

Background Check Laws and Regulations

Federal Laws

Fair Credit Reporting Act (FCRA)

The FCRA protects consumer information privacy in what CRAs gather, retain, and report to third parties, including employers, and is enforced by the Federal Trade Commission (FTC).

Under the FCRA’s seven-year reporting rule, CRAs can’t report specific information older than seven years for jobs with annual salaries of less than $75,000, including:

• Arrests that didn’t culminate in convictions
• Paid tax liens
• Civil lawsuits
• Chapter 13 bankruptcies (10-year reporting rule for Chapter 7)
• Civil judgments
• Debt collections

This rule doesn’t apply when a job pays $75,000 or more and doesn’t restrict CRAs from reporting convictions.

Pennsylvania’s clean slate and limited access laws may prevent CRAs from reporting certain misdemeanor convictions.

Employers must also follow FCRA protocols when working with third parties for background checks.

Before initiating a background check, employers must notify applicants on a standalone form that doesn’t include additional information. They must also obtain their applicants’ signed consent.

If an employer decides against hiring an applicant based on information contained in a background check report, they must complete the adverse action process before making a final decision.

Fair Chance to Compete for Jobs Act (FCA)

The FCA is a federal fair chance hiring law that restricts federal agencies and employers seeking federal contracts from inquiring about an applicant’s criminal record until after they have extended a conditional employment offer.

Federal agencies are prohibited from contracting with companies that breach this requirement.

Title VII of the Civil Rights Act of 1964 (Title VII)

Title VII protects against workplace discrimination based on an applicant’s or employee’s protected characteristics.

This law is enforced by the Equal Employment Opportunity Commission (EEOC) and applies to all aspects of the employment relationship.

According to the EEOC’s enforcement guidance for employers conducting background checks, they must assess criminal records in light of job responsibilities and safety before deciding against hiring based on a conviction.

State and Local Laws

Limit on the Use of Criminal Information

Pennsylvania limits employers’ use of criminal history information in hiring under 18 Pa.C.S. § 9125.

This law mandates employers to only use conviction records when they are felony or misdemeanor convictions that relate to the job’s duties and the applicant’s suitability. When an employer decides against hiring a candidate because of a conviction, they must provide notice to them.

Fair Chance Hiring Policy for Public Employers

Under Human Resources Policy TM-0001, public employers in the state can’t inquire about their applicants’ criminal records on applications.

Public employers must wait to inquire about an applicant’s criminal history until after they have made a contingent job offer.

Pennsylvania Clean Slate Law

Pennsylvania’s Clean Slate Law is codified at 18 Pa.C.S. § 9122.2 and provides for the automatic grant of limited access to individuals with qualifying misdemeanor convictions once the required time has passed.

Misdemeanors that qualify will automatically be changed to limited access once they are older than 10 years and the individual has paid any restitution owed.

CRAs can’t report convictions that have been granted limited access.

Under 18 Pa.C.S. § 9125, employers should disregard summary offenses when making hiring decisions.

Summary offenses are those that are considered less serious than misdemeanors.

Philadelphia Credit History Restriction

Under Phila. Code § 9-1130, Philadelphia employers are prohibited from asking about applicants’ credit history on their job applications and can’t inquire about credit until they have completed initial interviews.

If they decide not to hire the applicant based on credit information, they must notify them, include the negative information, and allow them to challenge it.

This restriction doesn’t apply to law enforcement, positions requiring bonding, supervisory or managerial positions, or those requiring access to sensitive financial information.

Philadelphia Wage History Ban

Under Phila. Code § 9-1131, employers can’t ask about an applicant’s wage or salary history at any point in the hiring process, including background checks.

However, in Chamber of Commerce v. Philadelphia, Case No. 17-1548, the U.S. District Court for the Eastern District of Pennsylvania enjoined this law’s prohibition on asking about salary history.

However, the court stated that while employers can ask about an applicant’s wage history, they can’t base hiring or salary decisions on that information.

Philadelphia Ban on Marijuana Testing

Under Phila. Code § 9-4700, employers are prohibited from making employment offers contingent on passing a pre-employment marijuana test.

Some employers are exempt from this law, including positions that require commercial driver’s licenses, law enforcement, those that serve vulnerable populations, and employers that are required to perform pre-employment marijuana tests under federal or state laws or regulations.

In Aug. 2021, the Superior Court of Pennsylvania held that certified medical marijuana users can sue employers when they are denied employment or fired because of positive marijuana tests in Palmiter v. Commonwealth Health Systems, 2021 Pa. Super. 159 (2021).

Philadelphia Ban-the-Box Ordinance

Philadelphia has a ban-the-box ordinance that applies to both public and private employers.

This law prohibits employers from asking about criminal history on applications or from performing criminal background checks before extending conditional employment offers.

It also limits criminal background checks to the last seven years.

How to Conduct Employment Background Checks in Philadelphia, PA

1. Develop a Background Check Policy

Create a detailed background check policy that tracks all federal, state, and municipal legal requirements.

Include information about the specific searches you perform for positions at different authority levels and steps HR staff must take before, during, and after the process.

2. Train HR Staff

Train HR staff on your policy.

Make sure they understand the laws and know how to follow consistent processes.

3. Provide Notice and Obtain Consent

Notify candidates that your company conducts background checks on a standalone form.

Obtain written consent before proceeding.

4. Choose a Reliable Provider

Partner with a reputable provider like iprospectcheck for accurate, current, and FCRA-compliant reports.

We use advanced research methods and leverage extensive access to reliable information sources to quickly return accurate, up-to-date, and compliant reports within a few hours to days.

When you choose us, you can feel confident in your reports and hiring decisions while reducing your time-to-hire.

5. Time Background Checks Appropriately

Wait until after making conditional job offers to complete background checks.

This helps you comply with Philadelphia’s ban-the-box law and saves time and resources.

6. Customize Checks to Each Position

Create customized background checks tailored to your open positions’ job requirements to avoid unnecessary information and costs.

At iprospectcheck, we offer industry-specific packages and add-on searches to help you tailor your background checks.

7. Review and Communicate Results

When you receive your reports, carefully review background results and communicate with the candidate regarding the next steps.

If a background check raises concerns, follow these steps:

8. Appropriately Evaluate Convictions

Before you decide against hiring an applicant because of a criminal conviction,

assess it individually in relation to the job duties and safety concerns.

9. Follow the Adverse Action Process

If you choose not to proceed with hiring due to background findings, follow the adverse action steps:

• Issue a pre-adverse action notice to the applicant and include relevant report details.
• Give the applicant at least five business days to respond.
• Send a final adverse action notice if you decide not to hire the applicant, and include a copy of the applicant’s FCRA rights.

Trust iprospectcheck for Reliable Background Checks in Philadelphia, PA

Philadelphia employers need assurance that their new hires are qualified, safe, and trustworthy.

Background checks help employers make better hiring decisions.

To learn more about our employment background checks or to get a free quote, call us at 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.