Philadelphia Amends Fair Chance Law

Philadelphia’s mayor signed amendments to the city’s Fair Criminal Record Screening Standards Ordinance (FCRSSO) into law on October 8th. The amendments take effect on January 6, 2026. As a reminder, the FCRSSO applies to employers with one or more individuals in the city, covering both applicants and employees.

Several portions of the FCRSSO have been amended, so we encourage impacted employers to review the amendments in full, consulting with legal counsel as necessary.

Here are the major impacts these new amendments will have on the criminal record screening process:

Individualized Assessment Expansion

Under the existing FCRSSO, employers must conduct an individualized assessment taking into account several factors, such as the nature of the offense, the time passed since the offense, and the individual’s employment history. Employers must also consider any evidence of the individual’s rehabilitation which is now expanded to include items such as:

• Completion of a mental health or substance use disorder treatment program
• Completion of a job training program
• Completion of a GED or post-secondary education
• Service to the community
• Work history in a related field since the conviction
• Active occupational licensure, commercial driver licensure, or other licensure necessary to perform the specific job duties

Adverse Action Impacts

The amendments also clarify and expand the steps employers must take when deciding not to move forward with a candidate due to their criminal history. Before taking an adverse action, employers must provide notice, which must include:

• Identification of the specific convictions considered
• Copy of the background report or criminal record used
• A summary of the individual’s rights under the FCRSSO
• Statement that the employer will consider evidence of any error in the criminal history records and evidence of rehabilitation and mitigation if provided by the individual, including a list of the types of evidence that may be offered
• Instructions as to how the individual can exercise their right to provide evidence or explanation directly to the employer

Employers must continue to observe a 10-business-day waiting period between the pre-adverse and final adverse action notices. The Philadelphia Commission on Human Relations is authorized to issue regulations and and develop sample forms for employer use, so we recommend monitoring their website for any updates ahead of the effective date.

Criminal Record Changes

Under the FCRSSO’s current version, employers cannot consider felony convictions that are older than 7 years. The amendments expand the list to include:

• Misdemeanor convictions older than 4 years
• Summary offenses
• Sealed, expunged, or otherwise restricted criminal records

As noted, we recommend reviewing the amended FCRSSO in full, including the specific enforcement provisions, as several changes have been made, including an obligation to file specific information with the Commission when a complaint is filed. The amended law will also allow for liquidated damages in addition to the prior remedies available to individuals. There is also a new provision that prohibits retaliation.