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District of Columbia background check laws for employers

D.C. employers with more than 10 employees may not ask about convictions until after a conditional offer, may never ask about arrests or non-pending accusations that did not lead to a conviction, and may withdraw an offer only for a legitimate business reason judged by six factors. D.C. also bans most employer use of credit information. Since March 1, 2025, background check companies may not report D.C. records that were expunged, sealed, or set aside.

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Fair-chance hiring (criminal history)

The law covers employers with more than 10 employees in D.C., including the D.C. government (D.C. Code § 32-1341(6)).
Employers may never ask about an arrest, or a criminal accusation that is not pending or did not end in a conviction (D.C. Code § 32-1342(a)).
Employers may not ask about convictions until after a conditional offer of employment (D.C. Code § 32-1342(b)).
"Inquiry" includes application forms, interviews, and criminal history checks, and an interview includes phone contact (D.C. Code § 32-1341(8)-(9)).
After a conditional offer, an employer may withdraw the offer or take adverse action only for a legitimate business reason (D.C. Code § 32-1342(d)).
The reason must be reasonable in light of six factors: job duties, the offense's bearing on fitness, time passed, age at the time, frequency and seriousness, and evidence of rehabilitation (D.C. Code § 32-1342(d)(1)-(6)).
If asked within 30 days after the action, the employer must, within 30 days, give the applicant copies of all records it used, including criminal records, and a notice of the right to file a complaint with the Office of Human Rights (D.C. Code § 32-1342(e)).
The law does not apply where federal or D.C. law requires a criminal history check, to designated jobs in programs that encourage hiring people with records, or to employers serving minors or vulnerable adults (D.C. Code § 32-1342(c)).
The Office of Human Rights handles complaints, there is no private lawsuit, and fines run up to $1,000, $2,500, or $5,000 depending on employer size (D.C. Code §§ 32-1343, 32-1344).

State consumer report rules

Since March 1, 2025, a criminal history provider must give the person a copy of the report it used or provided, list the source and the date the information was received, and match on at least 2 identifiers (D.C. Code § 2-1652(1)).
A criminal history provider may not report records that have been expunged, sealed, or set aside, records it knows are inaccurate, or information not updated for changes made 30 or more days earlier (D.C. Code § 2-1652(2)).
These provider rules came from the Second Chance Amendment Act of 2022, which the D.C. Code notes apply as of March 1, 2025 (D.C. Code §§ 2-1651 to 2-1654; D.C. Law 24-284).

How far back a report can go

Employers may not ask about arrests or non-pending accusations that did not result in a conviction (D.C. Code § 32-1342(a)).
Background check providers may not report expunged, sealed, or set-aside records (D.C. Code § 2-1652(2)(A)(i)).
A person whose record was sealed or expunged is not guilty of a false statement for not disclosing it (D.C. Code §§ 16-804(b), 16-807(b)).
No D.C. law found that sets a general 7-year reporting limit beyond federal FCRA.

Credit checks

Employers may not require, request, or use an employee's or applicant's credit information, which is a protected trait under the D.C. Human Rights Act (D.C. Code § 2-1402.11(a)(1)(D)).
Exceptions include jobs where D.C. law requires credit information, police and law-enforcement jobs, jobs needing a security clearance under D.C. law, financial institutions for jobs with access to personal financial information, and requests under a subpoena or court order (D.C. Code § 2-1402.11(d)).

Also good to know

Licensed health-care facilities, home care agencies, and Medicaid providers may not employ or contract with an unlicensed worker with patient contact until a criminal background check is done, and may not hire someone with listed convictions in the past 7 years (D.C. Code §§ 44-551, 44-552(b), (e)).

Common questions

Can District of Columbia employers run a background check?

Does District of Columbia have a ban-the-box law for private employers?

The law covers employers with more than 10 employees in D.C., including the D.C. government (D.C. Code § 32-1341(6)).

How far back does a background check go in District of Columbia?

Employers may not ask about arrests or non-pending accusations that did not result in a conviction (D.C. Code § 32-1342(a)).

Can District of Columbia employers run credit checks on applicants?

Employers may not require, request, or use an employee's or applicant's credit information, which is a protected trait under the D.C. Human Rights Act (D.C. Code § 2-1402.11(a)(1)(D)).

Sources

This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.

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