Pennsylvania Background Check Laws (2026 Guide)

Last verified: March 2026. This page reflects current Pennsylvania statutes under Title 18 Chapter 91 (Criminal History Record Information Act), the Clean Slate Act (18 Pa.C.S. Sections 9122.1 and 9122.2), and applicable federal law.

Table of Contents

• Overview of Pennsylvania Background Check Laws
• How to Obtain a Criminal Background Check in Pennsylvania
• Employer Background Check Rules Under CHRIA
• Ban the Box Laws in Pennsylvania
• Pennsylvania's Clean Slate Act
• Lookback Periods and the FCRA
• Housing and Tenant Screening
• Professional Licensing Background Checks
• Education and Childcare Clearances
• Recent Changes and Updates
• Frequently Asked Questions
• Sources and References

Overview of Pennsylvania Background Check Laws

Pennsylvania regulates the use of criminal history records through a combination of state statutes, local ordinances, and federal law. The primary state law governing background checks is the Criminal History Record Information Act (CHRIA), codified at Title 18, Chapter 91 of the Pennsylvania Consolidated Statutes.

CHRIA establishes who may access criminal history records, how that information may be used, and what protections apply to individuals with criminal records. Pennsylvania also made national headlines in 2018 by becoming the first state in the country to pass Clean Slate legislation, which automatically seals certain criminal records from public view.

For employers, landlords, licensing agencies, and volunteer organizations, understanding Pennsylvania's background check framework is essential. The state balances public safety and fair access to employment, housing, and licensing by restricting how criminal records can be used in decision-making.

Pennsylvania does not have a single statewide Ban the Box law covering all private employers, but cities including Philadelphia and Pittsburgh have enacted their own local ordinances. Federal law, specifically the Fair Credit Reporting Act (FCRA), adds another layer of requirements when third-party consumer reporting agencies conduct background checks.

How to Obtain a Criminal Background Check in Pennsylvania

The Pennsylvania State Police (PSP) operates the Pennsylvania Access to Criminal History (PATCH) system, which is the primary method for obtaining state-level criminal background checks. PATCH is available online at epatch.pa.gov.

PATCH System Details

PATCH searches the PSP Central Repository database, which contains criminal history record information from Pennsylvania law enforcement agencies. The system covers arrests, charges, and dispositions from Pennsylvania proceedings.

Fees and processing times:

• Standard individual check: $22
• Volunteer check: Free
• Individual access and review (mail-in only): $20
• Optional notarization: Additional $5

Processing is often fast. Approximately 85% of requests that return a "No Record" result are delivered instantly, with a printable certificate available immediately. If a match is found, the request goes to "Under Review" status, which requires manual review by PSP staff. Registered users typically receive results within two weeks, while non-registered users may wait two to four weeks.

Federal FBI Fingerprint Check

PATCH only searches Pennsylvania records. For a federal criminal history check, individuals must submit fingerprints through an approved IdentoGO enrollment center. The FBI fingerprint check searches the national criminal database maintained by the Federal Bureau of Investigation.

Federal background checks are required for certain positions, including those involving work with children, healthcare settings, and government employment. The FBI check is processed through the Pennsylvania State Police, which serves as the state's channeling agency for federal criminal history requests.

Accepted Payment Methods

PATCH accepts credit cards (Visa, Mastercard, Discover, and American Express) for online submissions. Mail-in requests require a certified check or money order. Registered users who conduct frequent background checks can set up monthly billing.

Employer Background Check Rules Under CHRIA

Pennsylvania's Criminal History Record Information Act places specific restrictions on how employers may use criminal background information. The key provision is 18 Pa.C.S. Section 9125, which governs the use of criminal records in employment decisions.

What Employers Can Consider

Under Section 9125(b), [employers may consider felony and misdemeanor convictions, but only to the extent that those convictions "relate to the applicant's suitability for employment in the position for which he has applied." This means employers cannot use a blanket policy of rejecting all applicants with any criminal record. Instead, the conviction must have a direct connection to the job duties.

For example, an employer hiring for a position that involves handling money could reasonably consider a conviction for theft or fraud. However, that same employer could not reject an applicant based on an unrelated conviction, such as a minor traffic offense, that has no bearing on the applicant's ability to perform the job.

What Employers Cannot Consider

Pennsylvania law prohibits employers from considering several types of records:

• Arrests without convictions. If an arrest did not lead to a conviction, the employer cannot use it against the applicant.
• Expunged or sealed records. Records that have been expunged or sealed under the Clean Slate Act (18 Pa.C.S. Sections 9122.1 and 9122.2) cannot be accessed or considered.
• Pardoned convictions. If the governor has granted a pardon, the conviction cannot be used.

Written Notice Requirement

Under Section 9125(c), if an employer decides not to hire an applicant based in whole or in part on criminal history record information, the employer must provide written notice of that decision. This requirement ensures applicants know why they were rejected and can challenge inaccurate information.

FCRA Requirements for Third-Party Checks

When employers use a consumer reporting agency (CRA) to conduct background checks, federal FCRA requirements apply in addition to state law. Before requesting a background check, the employer must:

1. Provide a clear, standalone written disclosure to the applicant stating that a consumer report may be obtained
2. Obtain the applicant's written authorization before requesting the report
3. Follow the adverse action process if the employer intends to deny employment based on the report

The FCRA adverse action process requires two notices. First, a pre-adverse action notice must be sent along with a copy of the report and a summary of the applicant's rights under the FCRA. The employer must then wait a reasonable period (typically five business days) before sending the final adverse action notice.

Ban the Box Laws in Pennsylvania

Pennsylvania does not have a statewide Ban the Box law that applies to all private employers. However, state executive orders and local ordinances restrict when criminal history inquiries can occur during the hiring process.

State-Level Restrictions

Pennsylvania has issued executive orders that prohibit state agencies from asking about criminal history on initial job applications. This means state government employers must delay criminal history inquiries until later in the hiring process, typically after an interview or conditional offer of employment.

Philadelphia Fair Criminal Record Screening Standards

Philadelphia has one of the most comprehensive Ban the Box laws in the country. The Fair Criminal Record Screening Standards (FCRSS) ordinance applies to all employers with one or more employees operating within the city.

Major amendments signed on October 8, 2025, took effect on January 6, 2026. The updated law includes these provisions:

Lookback restrictions: Employers may consider felony convictions from the past seven years and misdemeanor convictions from the past four years only. Summary offenses (minor infractions like disorderly conduct, loitering, and petty theft) cannot be considered at all.

Sealed and expunged records: Employers cannot consider conviction records that have been expunged or sealed. If such a record appears in a background check, the employer must give the applicant or employee the opportunity to present evidence of the expungement or sealing.

Written notice and rebuttal rights: Before making a final decision based on criminal history, the employer must provide written notice that identifies the specific convictions being considered, include a copy of the criminal record, summarize the applicant's rights under the ordinance, and allow at least 10 business days for the applicant to respond with evidence of inaccuracies or rehabilitation.

Anti-retaliation protections: A rebuttable presumption of unlawful retaliation exists if an employer takes adverse action against someone within 90 days of that person asserting their rights under the ordinance. The employer must demonstrate by a preponderance of the evidence that the action was taken for just cause unrelated to the protected activity.

Pittsburgh Ban the Box Ordinance

Pittsburgh has a local Ban the Box ordinance that applies to city government hiring, city contractors, and vendors. Under this law, these employers cannot ask about criminal history on initial job applications. Criminal history inquiries must be delayed until after the candidate has been interviewed or received a conditional offer.

Pittsburgh's ordinance is narrower than Philadelphia's, primarily covering public-sector hiring and city contract work rather than all private employers within the city.

Pennsylvania's Clean Slate Act

Pennsylvania made history in 2018 as the first state in the nation to enact Clean Slate legislation. The law provides for the automatic sealing of certain criminal records from public view, meaning those records will not appear in standard background checks for employment, housing, or education. Sealed records remain accessible to law enforcement and the courts.

The Clean Slate Act has been expanded twice since its original passage, broadening the categories of offenses eligible for automatic sealing.

Clean Slate 1.0: Act 56 of 2018

Signed by Governor Tom Wolf on June 28, 2018, Act 56 took effect on June 28, 2019. It was the first law in the country to use automation technology to seal eligible cases without requiring the individual to file a petition.

Eligible records under Act 56:

• Non-conviction records (cases that were dismissed, withdrawn, or resulted in acquittal)
• Convictions for second-degree and third-degree misdemeanors, or ungraded offenses carrying a maximum penalty of no more than two years in prison

Requirements for conviction sealing:

• The individual must have been free from any conviction for an offense punishable by one year or more in prison for 10 years
• All court-ordered financial obligations (fines, costs, restitution) must have been paid in full

Clean Slate 2.0: Act 83 of 2020

Signed on October 29, 2020, and effective December 28, 2020, Act 83 removed the financial barrier that had prevented many eligible individuals from benefiting under Act 56.

Under Clean Slate 2.0, records can be sealed even if fines and court costs are still owed. This change acknowledged that requiring full payment of all financial obligations disproportionately affected low-income individuals who might otherwise qualify for record sealing.

Clean Slate 3.0: Act 36 of 2023

Governor Shapiro signed Act 36 on December 14, 2023. It became effective on February 12, 2024, with the full automated sealing process for newly eligible offenses implemented beginning June 11, 2024.

Key expansions under Act 36:

• Felony drug offenses are now eligible for automatic sealing after 10 years without a subsequent misdemeanor or felony conviction. However, drug felonies with sentences of 30 to 60 months of imprisonment or more are excluded, which filters out more serious trafficking cases.
• Shortened waiting periods: The waiting period for sealing misdemeanor convictions was reduced to 7 years. Summary conviction waiting periods were reduced to 5 years.
• Explicit use prohibition: Act 36 added a statutory prohibition on the use of sealed records for employment, housing, or school matriculation decisions.

Impact

According to state officials, the Clean Slate law has helped more than 1.2 million Pennsylvanians. Approximately 6 million criminal records involving summary convictions were affected by the 2023 expansion alone.

What Clean Slate Does Not Cover

Clean Slate sealing does not apply to:

• First-degree felonies
• Most second-degree felonies
• Violent crimes
• Sexual offenses
• Offenses requiring sex offender registration
• DUI convictions (classified separately under the Vehicle Code)
• Firearms offenses

Records sealed under Clean Slate are not expunged. They remain in the system and are accessible to law enforcement, courts, and certain government agencies. A sealed record will not appear on a PATCH check or a consumer reporting agency background check.

Lookback Periods and the FCRA

Understanding lookback periods in Pennsylvania requires distinguishing between what state law allows, what the FCRA restricts, and what local ordinances limit.

Pennsylvania State Law

Pennsylvania does not impose a statewide lookback period restriction on criminal convictions. In theory, a felony conviction from decades ago could appear on a background check and be considered by an employer, provided it relates to the applicant's suitability for the position.

However, the Clean Slate Act effectively creates a practical lookback limit by automatically sealing eligible misdemeanor convictions after 7 to 10 years and eligible felony drug convictions after 10 years.

Federal FCRA Lookback Limits

The FCRA places a seven-year limit on reporting certain types of adverse information by consumer reporting agencies. For positions with a reasonably anticipated salary under $75,000 per year, the following cannot be reported beyond seven years:

• Non-conviction records (arrests without convictions, dismissed cases)
• Civil judgments
• Civil lawsuits
• Paid tax liens
• Collection accounts

Criminal convictions have no federal lookback limit under the FCRA. They can be reported indefinitely, regardless of salary level. However, if the conviction has been sealed under Pennsylvania's Clean Slate Act, it should not appear in the report at all.

The seven-year clock for non-conviction records begins at the date of the charge or arrest, not the date of dismissal or acquittal.

Philadelphia Lookback Limits

Philadelphia's updated FCRSS ordinance (effective January 6, 2026) imposes the strictest lookback limits in the state:

• Felony convictions: 7 years
• Misdemeanor convictions: 4 years
• Summary offenses: Cannot be considered at all

These limits apply to all employers operating within Philadelphia, regardless of company size.

Housing and Tenant Screening

Pennsylvania landlords may conduct background checks on prospective tenants, but several legal constraints apply.

What Landlords Can and Cannot Consider

Landlords can check criminal records as part of tenant screening. However, they cannot use the following in making rental decisions:

• Arrests that did not lead to charges or convictions
• Records that have been sealed or expunged
• Protected class status under the Pennsylvania Human Relations Act (race, color, religion, sex, national origin, ancestry, age, pregnancy, or use of a support animal)

The Pennsylvania Human Relations Commission has issued guidance stating that landlords should not automatically reject applicants based on a criminal record. Instead, they should conduct an individualized assessment considering factors such as the severity of the offense, how much time has passed, and evidence of rehabilitation.

FCRA Requirements for Tenant Screening

When landlords use a third-party screening service, the FCRA applies. Landlords must obtain written consent before running a background check and must provide an adverse action notice if the application is denied based on the report.

Screening Fees

Pennsylvania law allows landlords to charge tenant screening fees, typically ranging from $30 to $75 per applicant. The state does not set a maximum limit on these fees, but the charge must be reasonable and reflect actual costs.

Eviction History Limits

Eviction filings older than four years generally cannot be used to reject a tenant application. This prevents lifetime penalties for older housing court records.

Fair Housing Protections

Both federal and state fair housing laws prohibit housing discrimination based on protected characteristics. The federal Fair Housing Act covers race, color, religion, sex, national origin, familial status, and disability. Pennsylvania's Human Relations Act adds protections for age, ancestry, pregnancy, and support animal use.

Professional Licensing Background Checks

Pennsylvania law under 18 Pa.C.S. Section 9124 governs how state licensing agencies may use criminal history information when evaluating applicants for professional licenses, certifications, registrations, or permits.

General Rule for Licensing Agencies

State licensing boards may consider an applicant's criminal convictions when determining eligibility, but convictions alone cannot be the sole basis for denying a license. Section 9124(a) states that convictions "shall not preclude the issuance of a license, certificate, registration or permit."

What Licensing Agencies Cannot Consider

Section 9124(b) prohibits licensing agencies from using the following:

• Arrest records where no conviction resulted
• Convictions that have been annulled, expunged, or sealed under Clean Slate
• Summary offense convictions
• Pardoned convictions
• Convictions that do not relate to the applicant's suitability for the specific license

Grounds for Denial or Revocation

Under Section 9124(c), a licensing board may refuse to issue or revoke a license when an applicant has a felony conviction or a misdemeanor conviction that relates directly to the trade, occupation, or profession for which the license is sought.

Written Notice Requirement

If a licensing decision is based in whole or in part on criminal history, the licensing board must notify the individual in writing and explain the reasons for the decision.

Professional Licensing Boards Under the Department of State

Licensing boards under the Bureau of Professional and Occupational Affairs in the Department of State must follow additional statutory provisions under 63 Pa.C.S. Sections 3112 through 3117. These provisions address restricted licenses, consideration of criminal convictions, juvenile adjudications, preliminary determinations, and best practices guides.

These rules apply to a wide range of regulated professions, including nursing, medicine, pharmacy, real estate, cosmetology, and many others.

Education and Childcare Clearances

Pennsylvania has some of the most comprehensive background check requirements in the country for individuals who work with children. Three separate clearances are required by law.

Three Required Background Clearances

Anyone seeking employment at a public or private school, childcare facility, or as a contractor with direct contact with children must obtain all three of the following clearances:

1. Pennsylvania State Police Criminal History Check (PATCH) Required under Act 34 of 1985 and Act 114 of 2006. This check searches the PSP Central Repository for Pennsylvania criminal records. Cost: $22 (free for volunteers).

2. FBI Federal Criminal History Check Also required under Act 114 of 2006. This fingerprint-based check searches the national criminal database. Applicants must visit an approved IdentoGO enrollment center for fingerprinting.

3. Child Abuse History Clearance Required under Act 151 (Child Protective Services Law) and Act 114 of 2006. This clearance checks the Department of Human Services database for any founded or indicated reports of child abuse. Applications are submitted through the Child Welfare Portal.

Who Must Obtain Clearances

The requirement applies broadly to:

• All prospective employees of public and private schools
• Independent contractors working in schools
• Student teacher candidates
• School volunteers with direct contact or responsibility for children's welfare
• Childcare workers and daycare staff
• Camp counselors
• Healthcare staff who interact with minors

Validity Period

Under Act 4 of 2016, all three clearances are valid for 60 months (five years) from the date of issuance. Prior to this change, clearances had to be renewed annually. The five-year validity period aligns the School Code requirements with the Child Protective Services Law.

Clearances must be renewed before the expiration date to maintain continuous compliance.

Disqualifying Offenses

Certain criminal convictions permanently disqualify individuals from working with children in Pennsylvania. The list of prohibited offenses is found in Section 111(e) of the Pennsylvania School Code and includes homicide, sexual offenses, kidnapping, aggravated assault, and other serious crimes.

Reporting Obligations

Under Act 24 of 2011, current school employees must complete PDE Form 6004 within 72 hours of any arrest or conviction for an offense listed in Section 111(e). This ongoing reporting requirement ensures that disqualifying events are disclosed promptly, not just at the time of initial hiring.

Employment History Review (Act 168)

Since December 22, 2014, Act 168 requires schools and independent contractors to complete an employment history review before hiring anyone who will have direct contact with children. This review covers prior employment at schools and childcare facilities and requires the prospective employer to contact previous employers about any history of sexual misconduct or abuse.

Recent Changes and Updates

Pennsylvania's background check landscape has seen several significant changes in recent years. Here is a summary of the most important developments.

2024: Clean Slate 3.0 Implementation

Act 36 of 2023 took full effect on June 11, 2024. The Pennsylvania State Police updated the Computerized Criminal History database to automate the sealing of newly eligible felony drug convictions and to implement the shorter waiting periods for misdemeanor and summary offense sealing. Approximately 6 million summary conviction records became eligible for sealing under the expanded law.

2026: Philadelphia Ban the Box Expansion

On January 6, 2026, major amendments to Philadelphia's Fair Criminal Record Screening Standards took effect. The updated ordinance introduced four-year lookback limits for misdemeanors, a complete bar on considering summary offenses, enhanced notice and rebuttal requirements, and strong anti-retaliation protections.

Ongoing: Clemency and Pardon Streamlining

The Shapiro-Davis administration has expanded clemency processes through an expedited review process for pardon applications, launched in mid-2024. A dedicated clemency unit within the Department of Corrections received $355,000 in budget allocation to support this initiative. The expanded Clean Slate legislation also requires the Board of Pardons to send automatic notifications to the Administrative Office of Pennsylvania Courts for each granted pardon, triggering automatic expungement.

Federal Developments

The FCRA continues to be the primary federal framework governing background checks conducted through consumer reporting agencies. Employers in Pennsylvania must stay current with both state and federal requirements, as non-compliance can result in individual and class-action lawsuits.

Frequently Asked Questions

Sources and References

• Pennsylvania Access to Criminal History (PATCH) - Pennsylvania State Police
• Criminal History Record Information Act (CHRIA), Title 18 Chapter 91 - Pennsylvania General Assembly
• 18 Pa.C.S. Section 9125: Use of Records for Employment - Pennsylvania General Assembly
• 18 Pa.C.S. Section 9124: Use of Records by Licensing Agencies - Pennsylvania General Assembly
• Act 56 of 2018 (Clean Slate 1.0) - Pennsylvania General Assembly
• Governor Shapiro Signs Clean Slate 3.0 Expansion - Commonwealth of Pennsylvania
• Lt. Governor: Expanded Clean Slate Bill - Commonwealth of Pennsylvania
• Criminal History Records and Civil Rights - Pennsylvania Office of Attorney General
• Clearances and Background Checks for Education - Pennsylvania Department of Education
• Acts, Laws, and Regulations for Education Clearances - Pennsylvania Department of Education
• Child Abuse History Clearance - Pennsylvania Department of Human Services
• Navigating Rental Housing with a Criminal Background - Pennsylvania Human Relations Commission
• Request a Criminal History Background Check - Commonwealth of Pennsylvania