Background Checks in Pennsylvania.

Who this guide is for

This is a practical compliance guide for Pennsylvania employers running pre-employment background checks. It covers the statewide CHRIA § 9125 job-relatedness standard, what the Philadelphia and Pittsburgh ordinances add, the Pennsylvania Child Protective Services Law clearance regime, medical cannabis employment protections, what an actual check returns, where Pennsylvania has unusual limitations, and which package fits common industries (healthcare, education and childcare, long-term care, manufacturing and logistics, financial services, hospitality, transportation).

When Pennsylvania employers should screen

Pennsylvania employers commonly request these checks depending on the role and industry:

• Criminal background check — county-level direct searches, PA State Police PATCH (state repository), and a multi-state national database
• Motor vehicle records (MVR) — required for any role involving driving company vehicles or transporting passengers, cargo, or hazardous materials
• Employment verification — confirm prior job titles, dates, and reason for separation (where lawful)
• Education verification — required for licensed professions (nursing, teaching, accounting, engineering, professional services)
• Professional license verification — Pennsylvania Department of State (medical, nursing, professional engineers, etc.), Department of Banking (financial services)
• Drug and alcohol testing — limited by Medical Marijuana Act for cardholders but unchanged for safety-sensitive and DOT-regulated positions
• CPSL clearances — PATCH, DHS Child Abuse, and FBI fingerprint for childcare, K-12, and any role with direct contact with children
• Act 24 / Act 151 clearances — additional clearances for K-12 school employees (PA Department of Education)
• OAPSA clearance — required for direct-contact employees of facilities serving older adults
• FMCSA Clearinghouse + PSP — required for CDL drivers under federal law (handled via our DOT compliance program)
• OIG / SAM exclusion search — required for any employer billing federal healthcare programs

Pennsylvania compliance table

Topic	Rule	What employers should do
Ban-the-box / Fair Chance	No statewide private-employer Fair Chance Act, but CHRIA § 9125 imposes a job-relatedness standard statewide. Philadelphia §9-3500 and Pittsburgh\'s ordinance add stricter rules in those cities.	Statewide: do not adopt blanket "any conviction" disqualifiers. Tie the consideration of any specific conviction to the job duties. In Philadelphia and Pittsburgh: wait for conditional offer before inquiry, conduct individualized assessment, and follow ordinance notice timing.
Criminal lookback	FCRA 7-year limit on non-convictions. Convictions reportable indefinitely under FCRA, but CHRIA limits use to job-related convictions. Philadelphia caps consideration at 7 years; Pittsburgh similar.	Use a CRA that respects FCRA limits. For Philadelphia/Pittsburgh roles, treat 7-year cap as a hard limit on any conviction-based adverse action. Document job-relatedness analysis under § 9125.
Sealed / expunged records	Expunged under § 9122 — must be removed from court files and CRA reports. Sealed under § 9122.1 (Clean Slate Act) — unavailable to most employers.	Do not consider expunged or sealed records. If they appear on a CRA report, file an FCRA dispute. Limited exceptions for licensed regulated industries (e.g., school employees may see broader records under Act 24).
Cannabis (medical use)	Medical Marijuana Act 35 P.S. § 10231.2103 — cannot discriminate based on certified medical marijuana patient status. Workplace use, possession, and impairment may be prohibited. Recreational cannabis remains illegal in Pennsylvania.	Confirm medical certification before adverse action on a positive cannabis test. Document safety-sensitive justification for any retained cannabis testing. Continue cannabis testing for DOT-regulated CDL drivers and federal contractors as required.
Salary / credit checks	No statewide salary-history ban. No statewide credit-check restriction. Federal FCRA applies. Philadelphia has a city-level salary history ban (Phila. Code §9-1131).	For Philadelphia roles: do not request prior salary history during application or interview. Limit credit checks to roles with genuine fiduciary or financial-control responsibility. Document the business reason in case of FCRA disclosure dispute.
Pending charges	CHRIA limits use to job-related convictions — pending charges are not convictions. Philadelphia generally prohibits use of pending charges in adverse action. Pittsburgh similar.	Pending charges (no conviction) generally should not be the basis for adverse action — particularly in Philadelphia and Pittsburgh. Outside those cities, document a strong business-relevance reason if used.
Adverse action	Federal FCRA pre-adverse + adverse action notice required. CHRIA § 9125(c) requires written notice when criminal record influenced the decision. Philadelphia §9-3500 adds individualized assessment + opportunity to respond.	Send pre-adverse action notice with copy of report + summary of rights, wait at least 5 business days for dispute, then send final adverse action notice. In Philadelphia, also follow §9-3500 timing. Always include § 9125 written notice when criminal history is a factor.

Statewide rules vs. Philadelphia and Pittsburgh local rules

Pennsylvania has a unique two-layer structure: CHRIA § 9125 imposes a strong job-relatedness standard everywhere in the state, and Philadelphia and Pittsburgh each layer city ordinances on top with conditional-offer requirements, lookback caps, and stricter notice rules. Employers operating across the I-95 corridor or in the Pittsburgh metro often must comply with both the state rule and the city overlay.

CHRIA § 9125 (statewide)

• Coverage: All Pennsylvania employers
• Standard: Felony and misdemeanor convictions may be considered "only to the extent they relate to the applicant\'s suitability for employment in the position"
• Notice: Written notice required if criminal history influenced the decision to deny employment
• Enforcement: Private right of action; Pennsylvania Department of Labor & Industry oversight
• Penalties: Actual damages, attorneys\' fees, injunctive relief

Philadelphia Fair Criminal Records Screening Standards (Phila. Code §9-3500)

• Coverage: All employers with one or more employees performing work in Philadelphia
• Restriction: No criminal-history inquiry or consideration before a conditional offer of employment
• 7-year cap: Convictions older than 7 years cannot be considered (statute of limitations on use, not reporting)
• Pending charges: Generally cannot be considered
• Individualized assessment: Required after conditional offer, considering nature of offense, time elapsed, and relevance to job duties
• Notice + opportunity to respond: Written notice with copy of report and chance to respond before any adverse action — exceeds federal FCRA
• Enforcement: Philadelphia Commission on Human Relations
• Penalties: Up to $2,000 per violation plus possible reinstatement, back pay, and damages

Pittsburgh Fair Chance Hiring Ordinance

• Coverage: Employers with one or more employees in the city of Pittsburgh
• Restriction: No criminal-history inquiry before a conditional offer of employment
• Individualized assessment + notice requirements similar to Philadelphia, with city-specific timing
• Enforcement: Pittsburgh Commission on Human Relations
• Penalties: Vary by violation type and recurrence

Other Pennsylvania cities (Harrisburg, Allentown, Erie, Reading, Scranton, Lancaster) have not enacted private-employer ban-the-box ordinances comparable to Philadelphia or Pittsburgh. CHRIA § 9125 still applies. Allegheny County (Pittsburgh metro) and the City of Philadelphia have separate fair-chance policies for their own government hiring.

What shows up on a background check in Pennsylvania?

• County criminal records — direct searches at all 67 Pennsylvania county Courts of Common Pleas. Coverage includes Philadelphia, Allegheny (Pittsburgh), Montgomery, Bucks, Chester, Delaware, Lancaster, York, Berks, Lehigh (Allentown), Northampton, Erie, Dauphin (Harrisburg), Cumberland, Lackawanna (Scranton), Luzerne (Wilkes-Barre), Westmoreland, and every other county.
• PATCH statewide repository — name-based search through Pennsylvania State Police Access To Criminal History
• Federal criminal search — federal district court records (Eastern, Middle, and Western Districts of Pennsylvania)
• National criminal database — multi-state aggregator covering most jurisdictions; not authoritative on its own (per FCRA, requires county-level verification)
• Sex offender registry — Pennsylvania Megan\'s Law registry plus the national sex offender public registry (NSOPW)
• Motor vehicle records (MVR) — PennDOT 3-year or 10-year driving record
• Employment verification — direct contact with prior employers (typically last 3-5 employers)
• Education verification — high school, college, or graduate degrees
• Professional license verification — Pennsylvania Department of State licensure portal (medicine, nursing, accounting, engineering, social work, real estate, security)
• Drug and alcohol testing — at any of 1,400+ Pennsylvania collection sites; medical cannabis cardholder protections per 35 P.S. § 10231.2103
• Child-protection clearances — PATCH, PA DHS Child Abuse Clearance, FBI fingerprint (CPSL); Act 24 / Act 151 for K-12 educators
• OAPSA clearance — for facilities serving older adults
• DOT-specific checks — for CDL drivers: FMCSA Clearinghouse pre-employment full query and annual limited queries, PSP report, MVR (handled via the parent Vertical Identity DOT compliance program)

Turnaround times in Pennsylvania

Most Pennsylvania background checks complete in 1 to 5 business days. State-administered child-protection clearances take longer. Specifics:

• PATCH name-based search: typically same-day to 24 hours
• Major-county criminal (Philadelphia, Allegheny, Montgomery, Bucks, Chester): 1-2 business days (online court access via UJS Web Portal)
• Smaller county criminal: 1-3 business days; some rural counties require clerk-assisted searches and may extend to 5-7 business days
• Federal criminal: 1-2 business days via PACER
• MVR (PennDOT): typically same-day to 48 hours
• Employment verification: 2-5 business days depending on prior employer responsiveness
• Education verification: 1-3 business days; longer for international institutions
• PA DHS Child Abuse Clearance: 7-14 business days
• FBI fingerprint (CPSL): 7-14 business days after fingerprint submission
• Act 24 / Act 151 (K-12): coordinated with PDE; typically 5-10 business days
• OAPSA clearance: 7-14 business days

Common-name candidates, missing identifiers (no DOB or SSN), and out-of-state prior employment can all extend turnaround. We surface specific delays inside the applicant tracking dashboard so HR teams know what's blocking each check in real time.

Pennsylvania-specific limitations

• CHRIA job-relatedness is not a checklist: Pennsylvania courts read § 9125 strictly. A blanket "any felony disqualifies" policy is not legally sufficient — each adverse action must show how the specific conviction relates to the specific job duties. Document the analysis.
• Clean Slate sealed records: Many older misdemeanors and summary offenses have been automatically sealed under § 9122.1. Database-only searches may surface old data that has since been sealed. County-level verification and Clean Slate-aware CRAs reduce false-positive risk.
• Philadelphia 7-year cap is a use cap, not a reporting cap: A CRA may include older convictions on a Philadelphia report (FCRA permits indefinite conviction reporting), but the employer cannot rely on them in any adverse action. Train hiring managers to ignore older records.
• UJS Web Portal coverage gaps: Pennsylvania\'s unified court system covers most jurisdictions, but some smaller magisterial district courts (handling summary offenses) may not be searchable through the main portal. Consider supplemental MDC searches for thorough screening.
• Medical cannabis cardholder protection: A positive THC test on a Pennsylvania medical marijuana cardholder cannot be the sole basis for rejecting a non-safety-sensitive role. Document the safety-sensitive justification or skip cannabis from the panel for non-DOT, non-federal positions.
• OAPSA history: The 2015 Pennsylvania Supreme Court decision in Peake v. Commonwealth struck down certain lifetime employment bans for older-adult care facilities as unconstitutional. The current OAPSA framework requires individualized review of certain offenses rather than automatic disqualification.
• Pending charges: Reportable but generally not actionable in Philadelphia or Pittsburgh. Outside those cities, CHRIA § 9125 still requires job-relatedness analysis even for pending charges.
• Alias / maiden name searches: Required for thorough screening of candidates who have changed names. Particularly important in Pennsylvania given the volume of cross-border commuters from NJ, NY, OH, MD, WV, and DE who may have records under prior names.

Recommended screening package by employer type

Healthcare employers

Hospitals (UPMC, Penn Medicine, Jefferson, Geisinger), clinics, dental practices, and senior care facilities operating in Pennsylvania should run:

• Criminal background check (county + PATCH + national database)
• OIG / SAM exclusion search (federal — required for any employer billing Medicare/Medicaid)
• Pennsylvania Department of State license verification (medical, nursing, allied health)
• Drug testing (medical-cannabis-aware: confirm cardholder status before adverse action)
• Employment verification (3 prior employers minimum)
• Education verification (degree + nursing / medical school)
• Sex offender registry (national + PA Megan\'s Law)
• OAPSA clearance for employees serving older adults

Education and childcare employers

K-12 schools, charter schools, licensed childcare facilities, daycare centers, after-school programs, and youth-serving nonprofits:

• PATCH (PA State Police criminal record check) — required by CPSL
• PA DHS Child Abuse History Clearance — required by CPSL
• FBI fingerprint criminal background check — required by CPSL
• Act 24 / Act 151 clearances — required for K-12 school employees (PDE)
• National criminal database
• National + PA sex offender registry
• Education verification
• Professional license / teacher certification verification

Long-term care and senior services

Assisted-living facilities, nursing homes, home health agencies, hospices serving older adults:

• OAPSA clearance (required by law for direct-contact employees)
• PATCH and national criminal database
• PA Nurse Aide Registry (for CNAs)
• OIG / SAM exclusion search
• Sex offender registry
• Drug testing (medical-cannabis-aware)
• Employment verification

Manufacturing and logistics

Pennsylvania remains a major manufacturing and logistics state — steel, machinery, food processing, and an enormous Lehigh Valley / Central PA distribution corridor (Amazon, Walmart, FedEx, UPS hubs):

• Criminal background check (county + PATCH + national database)
• MVR for any role driving company vehicles or operating yard equipment
• DOT drug and alcohol testing for safety-sensitive and CDL roles
• Employment verification (3 prior employers minimum)
• Education verification for technical or supervisor roles
• OSHA-related certifications

Financial services

Philadelphia and Pittsburgh banking, insurance, asset management, and broker-dealers:

• Criminal background check (county + PATCH + federal + national database)
• FINRA U4 disclosure verification (for registered persons)
• OFAC and sanctions screening
• Credit check (genuine fiduciary roles only — document business reason)
• Employment verification (5 prior employers — common in financial services)
• Education verification (degree, MBA, CFA, CPA, etc.)
• Professional license verification (FINRA, CPA, IL/PA Bar, etc.)
• For Philadelphia roles: comply with §9-3500 conditional-offer + 7-year cap + §9-1131 salary history ban

Hospitality and retail

Center City Philadelphia, Pittsburgh, Hershey, Pocono resorts, and casino properties:

• Criminal background check (county of residence + PATCH)
• National criminal database
• National sex offender registry
• Identity verification
• For PA Gaming Control Board-licensed roles: separate state gaming-license background check
• Drug testing for safety-sensitive roles (security, kitchen, drivers)

Transportation and trucking

For CDL drivers operating in Pennsylvania (interstate or intrastate), full DOT compliance is required. This is handled through our parent brand Vertical Identity:

• FMCSA Clearinghouse pre-employment full query + annual limited queries
• Pre-Employment Screening Program (PSP) report — 5 years inspection + 3 years crash data
• MVR (PennDOT — typically 10-year abstract for CDL roles)
• DOT drug and alcohol testing (cannabis testing retained — federal preemption)
• Previous employer drug and alcohol testing history (49 CFR 391.23)
• Driver Qualification File (DQF) management

Small business / general employers

For small businesses hiring office, retail, or service staff outside Philadelphia and Pittsburgh:

• National + PATCH criminal database
• County criminal search (residence county)
• National sex offender registry
• Identity verification
• Optional: employment verification, MVR for driving roles, drug testing for safety-sensitive roles
• Document § 9125 job-relatedness analysis if any conviction is grounds for adverse action

Pricing

Pennsylvania background check packages start at $39 for the standard pre-employment package (criminal + sex offender + identity). Add drug testing ($69 standard, $59 BAT), PennDOT MVR, employment verification, and education verification a la carte. State-administered child-protection clearances (PATCH, DHS Child Abuse, FBI fingerprint, Act 24/151, OAPSA) carry separate state and federal agency fees, typically $22 to $44 per clearance. Volume pricing is available for ongoing employers — call (602) 899-3611 or schedule a demo for a quote.

Browse our full pre-employment screening packages or enterprise programs for high-volume employers (100+ checks/year, ATS integration, dedicated account manager).