Prohibition Against Unfair Discrimination Against Persons Previously Convicted of One or More Criminal Offenses.
Philadelphia Code § 9-3504
in effect§ 9-3504. Prohibition Against Unfair Discrimination Against Persons Previously Convicted of One or More Criminal Offenses.
(1) In connection with the licensing or employment of any person, it shall be an unlawful discriminatory practice for a City agency or private employer to make any inquiry regarding or to require any person to disclose or reveal any criminal convictions during the Employment Process, except as required by federal or state law. The inclusion of such inquiry on an employment application shall be unlawful, whether or not certain Applicants or Employees are told they need not answer the question. The inquiry prohibited by this Section shall include any question regarding the Applicant’s or Employee’s willingness to submit to a background check. When such inquiry is required by federal or state law, such inquiry shall be conducted only after a Conditional Offer of Employment has been extended to the Applicant or Employee.
(a) If an Applicant or Employee voluntarily discloses information regarding his or her criminal convictions during the Employment Process, the employer may discuss the criminal conviction disclosed by the Applicant or Employee at that time.
(b) An employer may give notice, to prospective Applicants or during the Employment Process, including in job advertisements, of its intent to conduct a criminal background check after any Conditional offer of employment, promotion or re-employment is made, provided that such notice shall be concise, accurate, made in good faith, and shall state that any consideration of the background check will be an individualized assessment based on the Applicant’s or Employee’s specific record and the duties and requirements of the specific job.
(2) It shall be an unlawful discriminatory practice for a City agency or private employer to reject an Applicant or Employee based on a conviction that resulted in exoneration. 1296
(3) No employer shall maintain a policy of automatically excluding any Applicant or Employee with a criminal conviction from a job or class of jobs. A prospective employer shall not reject an Applicant or Employee based on the person’s criminal record, unless: such record includes conviction for an offense that did not later result in exoneration; the conviction bears such relationship to the Employment sought that the employer may reasonably conclude that the Applicant or Employee would present an unacceptable risk to the operation of the business or to co-workers or customers; and that exclusion of the Applicant or Employee is compelled by business necessity. An employer shall make a determination regarding such risk only after reviewing the Applicant’s or Employee’s specific criminal record and the particular job being sought, and conducting an individualized assessment of the risk presented. The Employer shall not exclude an Applicant or Employee unless, based on the available information and consideration of all of the assessment factors listed below, a reasonable person would conclude that employing the Applicant or Employee would pose a specific unacceptable risk to the operation of the business or to co-workers or customers, as independently determined by the factfinder. The individualized assessment shall include consideration of the following: 1297
(a) The nature of the offense;
(b) The time that has passed since the offense;
(c) The Applicant's or Employee's employment history before and after the offense and any period of incarceration;
(d) The particular duties of the job being sought;
(e) Any character or employment references provided by the Applicant or Employee; and
(f) Any evidence of the Applicant’s or Employee’s rehabilitation since the conviction, which may include, but shall not be limited, to credible information showing:
(.1) Completion of a mental health or substance use disorder treatment program;
(.2) Completion of a job training program;
(.3) Completion of a GED or post-secondary education program;
(.4) Service to the community;
(.5) Work history in a related field since the time of conviction or incarceration;
(.6) Active occupational licensure, commercial driver licensure, or other licensure necessary to perform the specific duties of the job.
(4) Unless otherwise required by state or federal law, a City agency or private employer may consider, for employment purposes: 1298
(a) an Applicant’s or Employee’s felony conviction record only to the extent that the conviction did not result in exoneration and the underlying arrest or the release from incarceration for such conviction, whichever is later, occurred fewer than seven (7) years from the date of the inquiry.
(b) an Applicant’s or Employee’s misdemeanor conviction record only to the extent that the conviction did not result in exoneration and the underlying arrest or the release from incarceration for such conviction, whichever is later, occurred fewer than four (4) years from the date of the inquiry.
(5) Unless otherwise required by state or federal law, a City agency or private employer shall not consider, for employment purposes, an Applicant’s or Employee’s summary offense conviction record.
(6) A City agency or private employer shall not consider, for employment purposes, an Applicant’s or Employee’s conviction record that has been expunged, sealed, or otherwise cannot be used pursuant to this Chapter, whether such record appears on a criminal background check, a Driver Record issued by the Pennsylvania Department of Transportation, or any other source.
(a) If an expunged or sealed criminal record appears on a Driver Record, the Employer shall allow the Applicant or Employee to provide evidence of expungement or sealing.
Notes
1295 | Amended, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016; amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021; amended, Bill No. 250373-A (approved October 8, 2025), effective January 6, 2026.
1296 | Added, Bill No. 230571 (approved December 20, 2023).
1297 | Amended, Bill No. 230571 (approved December 20, 2023).
1298 | Amended, Bill No. 230571 (approved December 20, 2023).
Source: City of Philadelphia, The Philadelphia Code and Home Rule Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280141Fetched: 10/27/2026