Washington State Expands Requirements for Use of Criminal Background Information in Hiring 

Washington employers should be aware of important state-specific requirements that affect how criminal history information may be used during the hiring process. 

The expanded Washington Fair Chance Act (HB 1747) becomes effective July 1, 2026 for employers with 15 or more employees, and January 1, 2027 for employers with fewer than 15 employees. 

The new law significantly strengthens Washington’s “fair chance” protections by shifting to a strict post-offer inquiry model and limiting how criminal history can be used in hiring decisions, especially for arrests and juvenile records. It also increases procedural requirements before any adverse employment action is taken. 

Under Washington law, employers with 15 or more employees are subject to enhanced rules governing background checks, criminal history inquiries, and adverse employment actions based on criminal records. These requirements are more restrictive than federal Fair Credit Reporting Act (FCRA) standards and must be followed in addition to federal obligations. 

• When criminal background checks are used, Washington requires employers to follow specific pre-adverse action procedures before taking any final adverse employment action based on criminal history.  

• This includes providing the candidate with required notice and an opportunity to respond before a final decision is made.  

• Washington places limits on when and how employers may inquire about an applicant’s criminal history.  

• In many cases, employers are restricted from asking about criminal records on initial job applications and must wait until later in the hiring process before conducting such inquiries.  

• These restrictions are designed to promote fair chance hiring practices and reduce barriers to employment for individuals with prior convictions. 

• Washington imposes requirements related to self-disclosure of criminal history, including specific notice obligations when applicants are asked to provide such information.  

• Employers must ensure that any requests for disclosure and related communications comply with Washington’s notice and timing rules. 

Employers operating in Washington should carefully review their hiring policies, background check procedures, and application materials to ensure compliance with both state law and federal FCRA requirements. Because Washington’s rules are more restrictive than federal standards, employers should apply the stricter state requirements whenever both laws overlap. 

How the new law differs from current law 

The federal Fair Credit Reporting Act (FCRA) requires employers that use third-party background checks or consumer reports for employment decisions to follow specific disclosure and authorization rules. These requirements are intended to ensure transparency, accuracy, and fairness in employment background screening. 

• Before obtaining a report, employers must provide a clear, standalone written disclosure and obtain the applicant’s written consent.  

• If the information may result in a negative employment decision, the employer must first provide a pre-adverse action notice that includes a copy of the report and a summary of FCRA rights, allowing the individual time to dispute inaccurate information.  

• If the employer proceeds with an adverse decision, a final adverse action notice must be issued explaining the decision, identifying the consumer reporting agency used, and informing the individual of their rights 

C2 Essentials assists employers with compliant background check procedures, hiring process reviews, adverse action notices, and policy updates. Clients with employees or applicants in Washington State should contact their HR team to ensure their hiring practices align with current state and federal requirements.