CENTER CITY — A silent but seismic shift hit the Philadelphia job market this Tuesday. As of January 6, 2026, the city’s "Fair Criminal Record Screening Standards" ordinance—colloquially known as "Ban the Box"—has been significantly expanded, placing new restrictions on how employers can vet candidates with criminal histories.
The amendments, signed into law late last year, represent one of the most progressive shifts in labor policy in the city’s history. For advocates, it’s a long-overdue correction that will unlock the workforce for thousands. For business owners, it’s a compliance minefield that demands immediate attention.
The Key Changes The updates focus on two major areas: the "lookback period" and the type of offenses considered.
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The 4-Year Rule: Previously, employers could look back seven years into a candidate’s criminal history. That window has now been slashed to four years for misdemeanors. If a candidate’s misdemeanor conviction is older than four years, it is now legally invisible during the hiring process.
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Summary Offenses Banned: Employers are now explicitly prohibited from considering "summary offenses"—minor infractions like disorderly conduct or loitering—at any stage of the hiring process.
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Individualized Assessment: If a background check does flag a relevant conviction, employers cannot issue a blanket rejection. They must conduct (and document) an "individualized assessment" to determine if the specific offense poses an "unacceptable risk" to the business.
The Advocacy View: "A lifeline for thousands" "This isn't just about being nice; it's about economics," says Marcus Tyrell, a case manager at The Reentry Project, a local nonprofit. "We have guys who made a mistake five years ago, have been clean ever since, but couldn't get a job stocking shelves because a background check flagged a minor misdemeanor. This law changes their lives overnight."
Tyrell notes that with the 2026 tourism boom creating a massive demand for hospitality and service workers, the city cannot afford to leave able-bodied people on the sidelines. "We need workers. These are workers. It’s a win-win."
The Business View: "Confusion and Compliance Costs" While the Chamber of Commerce has publicly supported the spirit of second-chance hiring, the practical application is causing headaches for HR departments.
"The ambiguity is the problem," says Sarah Jenkins, owner of a mid-sized logistics firm in the Navy Yard. "The law says we have to prove an 'unacceptable risk.' What does that mean legally? If I hire someone with a recent theft misdemeanor for a warehouse job and something goes missing, am I liable? The definition of 'risk' is very subjective."
Jenkins and other business owners are scrambling to update their hiring portals. Many third-party background check services were not fully updated to filter out summary offenses by the January 6 deadline, leaving local employers to manually redact reports to stay compliant.
The Anti-Retaliation Clause Perhaps the most biting part of the new amendment is the anti-retaliation provision. It is now illegal for an employer to take adverse action against an employee for asserting their rights under this law. If an employee is fired or demoted within 90 days of raising a complaint about how their record was handled, the law presumes retaliation.
What’s Next? The Department of Labor is expected to release detailed guidance and "risk assessment" templates later this month to help businesses navigate the changes. In the meantime, labor lawyers are advising all Philadelphia employers to pause any pending rejections based on background checks until they have reviewed the new four-year lookback rules.
As Philadelphia strives to become the most equitable city in America during its 250th anniversary year, "Ban the Box 2.0" is a major test case. Will it seamlessly integrate thousands of residents back into the workforce, or will it bog down hiring in a year when the city needs to staff up fast? The answer will play out in interview rooms across the city this month.
