Philadelphia Amends ‘Ban the Box’ Law: Key Changes to the Fair Criminal Records Screening Standards Ordinance Effective January 2026

Philadelphia’s Fair Criminal Records Screening Standards Ordinance (FCRSSO), commonly known as its “ban the box” law, has regulated how and under what circumstances an employer can consider the criminal histories of its applicants and employees since its enactment in 2011.  Philadelphia City Council, with the Mayor’s approval, has now amended the FCRSSO, effective January 6, 2026, presenting the need for employers to review and potentially update their criminal history screening procedures to comply with the law’s new requirements.

What’s New?

Expanded and Added Definitions

With this amendment, Philadelphia expands upon several of the definitions included in the FCRSSO through both clarification of existing terms and the addition of previously undefined terms. For example, the amendment defines “incarceration” — a term that is important for determining the conviction lookback period — to limit it to “confinement in a jail or prison” not “parole, home confinement, or residence at a treatment facility or residential program.”

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