Background Check Error Lawsuits in Pennsylvania

Pennsylvania's Criminal History Record Information Act (CHRIA), 18 Pa.C.S. § 9125, applies to employers across the state. An employer may consider felony and misdemeanor convictions only to the extent they relate to the applicant's suitability for the job. If an employer decides not to hire someone based in whole or in part on criminal history record information, it must notify the applicant in writing. This adds to the federal FCRA, which requires a copy of the report and a summary of rights before adverse action.

Pennsylvania's Clean Slate law, 18 Pa.C.S. § 9122.2, first passed in 2018, automatically seals (gives "limited access" to) many records. These include non-conviction records and many older minor convictions. Act 36 of 2023 expanded it. It shortened the waiting period for many misdemeanors to seven years without a new conviction, and added certain drug felonies after ten years. A person generally does not have to disclose a record that has received limited access and may answer as if the offense did not occur.

Philadelphia adds local protections. Its Fair Criminal Record Screening Standards (Philadelphia Code Chapter 9-3500) generally bar most employers from asking about criminal records until after a conditional offer. An employer that rejects an applicant must give written notice and a copy of the record, and allow time to respond. Philadelphia Code § 9-1130 also bars most employers from using credit information in employment decisions, with limited exceptions. Tenant screening statewide is governed mainly by the FCRA.

Where Pennsylvania FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Pennsylvania are heard in 3 federal districts:

Eastern District of PennsylvaniaCourthouses: Philadelphia, Allentown, Easton, Reading.Filed with local or cooperating counsel
Middle District of PennsylvaniaCourthouses: Harrisburg, Scranton, Wilkes-Barre, Williamsport.Filed with local or cooperating counsel
Western District of PennsylvaniaCourthouses: Pittsburgh, Erie, Johnstown.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

Pennsylvania laws that add to the FCRA

Criminal History Record Information Act, use by employers (18 Pa.C.S. § 9125)
Employers may consider felony and misdemeanor convictions only to the extent they relate to suitability for the job. An employer must notify the applicant in writing if a decision not to hire is based in whole or in part on criminal history record information. Read it
Clean Slate limited access (18 Pa.C.S. § 9122.2 (Act 56 of 2018, amended by Act 36 of 2023))
Provides automatic limited access (sealing) for non-conviction records and many older misdemeanor and summary convictions, and since Act 36 of 2023 some drug felonies after ten years without a new conviction. Read it
Philadelphia Fair Criminal Record Screening Standards (Philadelphia Code ch. 9-3500)
Generally bars most employers in Philadelphia from asking about criminal records before a conditional offer. An employer that rejects an applicant based on a record must give written notice, a copy of the record and time to respond. The ordinance was amended in October 2025. Read it
Philadelphia credit screening ban (Philadelphia Code § 9-1130)
Bars most Philadelphia employers from using an applicant's or employee's credit information in hiring and other employment decisions, with exceptions such as jobs with significant financial responsibility. Read it

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

Can a Pennsylvania employer reject me because of an old conviction?

Under 18 Pa.C.S. § 9125, an employer may consider felony and misdemeanor convictions only to the extent they relate to your suitability for the specific job. If it decides not to hire you based on criminal history, it must tell you in writing. If the record in the background check was wrong, you may also have an FCRA claim.

My record was sealed under Clean Slate. Why is it still on a background check?

Private screening companies sometimes keep old court data after a record receives limited access. A company that reports a sealed record may be reporting outdated information. You can dispute it with the company, and you may have a claim under the FCRA.

Does Philadelphia have extra rules for background checks?

Yes. Philadelphia's Fair Criminal Record Screening Standards generally bar most employers from asking about criminal records until after a conditional offer, and require written notice and a copy of the record before rejecting you. Philadelphia also limits employer credit checks. Complaints can be filed with the Philadelphia Commission on Human Relations.

How long do I have to file an FCRA lawsuit in Pennsylvania?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.