Background check basics for HR in Pennsylvania.
Pennsylvania background checks: 7 years (fcra default), disclosure and authorization mechanics, and the state statutes that layer on top of FCRA.
What changes in Pennsylvania
- Report lookback: 7 years (FCRA default). Pennsylvania follows FCRA. Clean Slate sealing (2018, expanded by Act 36 of 2023) must be suppressed. In Philadelphia, the amended Fair Criminal Record Screening Standards Ordinance cuts the misdemeanor lookback from seven years to four (excluding periods of incarceration), keeps felonies at seven, and excludes summary offenses entirely.
- Ban-the-box: Public sector + Philadelphia (amended eff. Jan 6, 2026), Pittsburgh. Governor's directive covers state agencies; Philadelphia and Pittsburgh apply private-employer rules. Philadelphia's FCRSS amendments (Bill 250373-A, signed October 8, 2025, effective January 6, 2026) extend coverage to independent contractors, rideshare drivers, and other gig workers; require any pre-check notice to state that consideration will be an individualized assessment; shorten the misdemeanor lookback to four years; and require a written pre-adverse notice with a ten-day candidate response window before any adverse decision.
- Salary history: Public-employer ban (Executive Order 2018-18-03) + Philadelphia. Applies to state agencies and Philadelphia private employers; no statewide private rule.
"Review our FCRA disclosure and authorization form for standalone compliance. Focus on Pennsylvania."
Ask this in Ask HR AIPractitioner steps for Pennsylvania
- Step 1. Use the Pennsylvania report lookback correctly: 7 years (FCRA default).
- Step 2. Follow the FCRA §1681b(b)(2)(A) disclosure and authorization rules and layer any PA-specific consent language required.
- Step 3. Respect the Pennsylvania ban-the-box trigger (Public sector + Philadelphia (amended eff. Jan 6, 2026), Pittsburgh) before running any criminal search.
- Step 4. Check PA statutes for expungement, seal, and non-conviction reporting rules and configure the CRA to suppress those records.
Applicable Pennsylvania statutes and references
- 35 P.S. §10231.2103
- 23 Pa.C.S. §6344 (K-12)
- Exec. Order 2018-18-03
- Phila. Code ch. 9-3500 (amended eff. 1/6/2026)
- 15 U.S.C. §1681 et seq. (federal FCRA)
Frequently asked (federal + Pennsylvania overlay)
Do I need a separate FCRA disclosure?
Yes. The FCRA requires a clear and conspicuous standalone disclosure — not buried in an employment application — before obtaining a consumer report.
Can I include a liability release in the disclosure?
No. Courts have repeatedly held that adding a liability release voids the disclosure and creates statutory FCRA liability.
How current does authorization need to be?
One valid, written authorization can support future reports if it clearly discloses that possibility; otherwise, get a new authorization each time.
Related Pennsylvania topics
- FCRA adverse action in Pennsylvania
- Ban-the-Box and Fair Chance hiring in Pennsylvania
- Wage and hour in Pennsylvania
- Leaves and accommodations in Pennsylvania
Same topic in another state
- Background check basics for HR in Alabama
- Background check basics for HR in Alaska
- Background check basics for HR in Arizona
- Background check basics for HR in Arkansas
- Background check basics for HR in California
- Background check basics for HR in Colorado
- See all states
Keep going
- The federal Background check basics for HR guide
- Pennsylvania background-check rules
- Compliance checklist
Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.