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Washington background check laws for employers
Washington's Fair Chance Act was strengthened in 2025. Since July 1, 2026, employers with 15 or more employees must wait until a conditional job offer to check criminal records, need a legitimate business reason to reject someone for a conviction, must hold the job open 2 business days after notice, and must give a written decision; smaller employers follow the same rules starting January 1, 2027. Washington also has its own consumer reporting act with a 7-year reporting limit and a credit report limit, and Seattle and Spokane have local ordinances.
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Fair-chance hiring (criminal history)
- Employers may not ask about, check, or otherwise get an applicant's criminal record until after deciding the applicant is otherwise qualified and making a job offer conditioned on the record check (RCW 49.94.010(1)).
- This conditional-offer rule and the other 2025 changes apply to employers with 15 or more employees starting July 1, 2026, and to employers with fewer than 15 employees starting January 1, 2027 (Laws of 2025, ch. 71, § 4).
- Until January 1, 2027, employers with fewer than 15 employees remain under the older rule, which bars criminal record questions until the employer decides the applicant is otherwise qualified (Laws of 2025, ch. 71, § 2; RCW 49.94.010 (2018)).
- Job ads may not say "no felons" or otherwise exclude people with criminal records, and employers may not use blanket policies that automatically exclude people with records (RCW 49.94.010(2)-(3)).
- Employers may not reject or discipline someone based on an arrest record or juvenile record, except an adult arrest where the person is out on bail or released pending trial (RCW 49.94.010(4)).
- Employers may not reject someone solely because of an adult conviction unless they have a legitimate business reason after weighing the seriousness of the conduct, the number and types of convictions, time since conviction not counting incarceration, rehabilitation evidence, the job duties, and where and how the job is done (RCW 49.94.005(6); RCW 49.94.010(5)(a)).
- Before rejecting someone for a conviction, the employer must tell them which record it is relying on and hold the job open for at least 2 business days so they can correct or explain it (RCW 49.94.010(5)(b)).
- If the employer still rejects the person, it must give a written decision that documents its reasoning on each factor and its consideration of rehabilitation, work experience, education, and training (RCW 49.94.010(5)(c)).
- If the employer says a job requires a background check, or the applicant volunteers a record in an interview, the employer must immediately give written notice of these rules and the Attorney General's fair chance guide (RCW 49.94.010(8)).
- The rules do not apply to jobs with unsupervised access to children or vulnerable adults, employers allowed or required by law to consider records, law enforcement and criminal justice agencies, nonemployee volunteers, securities firms under self-regulatory rules, or federal contract work that bars people with records (RCW 49.94.010(7)).
- The Attorney General enforces the law, with penalties up to $1,500 for a first violation, $3,000 for a second, and $15,000 for later violations per affected person, and there is no private lawsuit right (RCW 49.94.030; RCW 49.94.020(6)).
City and county rules
- Seattle: any size employer may run a criminal check only after an initial screening to remove unqualified applicants, needs a legitimate business reason to reject someone for a conviction, and must hold the job open at least 2 business days after notice (SMC 14.17.020).
- Seattle's rule covers jobs performed at least half the time in the city, and state law now says local laws that protect applicants less than the state act may not be enforced (SMC 14.17.015; RCW 49.94.020(5)).
- Spokane: employers in the city may not ask about or check arrest or conviction records before an in-person, phone, or video interview or a conditional offer (Spokane Municipal Code § 09.02.050).
State consumer report rules
- Washington's Fair Credit Reporting Act lets an employer get a consumer report on an applicant only after a written disclosure that a report may be obtained, which may be in the application materials, or with the applicant's authorization (RCW 19.182.020(2)(a)).
- Before taking adverse action based on a report, the employer must give the screening company's name, address, and phone number, a description of the person's rights under the state act, and a reasonable chance to respond to disputed information (RCW 19.182.020(2)(d)).
- After adverse action, the employer must give written notice and the screening company's name, address, and phone number (RCW 19.182.110).
- For investigative reports based on interviews, the employer must send a written disclosure within 3 days after requesting the report, unless the report is for a job the person did not apply for (RCW 19.182.050(1)).
How far back a report can go
- Screening companies may not report adult arrests, charges, or convictions more than 7 years old (from disposition, release, or parole) unless the job pays, or is expected to pay, $20,000 a year or more (RCW 19.182.040(1)(e), (2)(c)).
- Screening companies may not report juvenile records once the person is 21 or older, with no salary exception (RCW 19.182.040(1)(f)).
- A person whose conviction has been vacated may say on a job application that they were never convicted of that crime (RCW 9.94A.640(4)(a); RCW 9.96.060(8)(a)).
- Under the Fair Chance Act, employers may not take action based on arrests without conviction (other than pending cases where the person is out on bail) or juvenile records (RCW 49.94.010(4)).
Credit checks
- Employers may not get a report with credit information for hiring unless the information is substantially job related and the reasons are disclosed to the applicant in writing, or the law requires it (RCW 19.182.020(2)(c)).
Also good to know
- Washington requires state and FBI fingerprint background checks for long-term care workers, processed by the Department of Social and Health Services before they work with vulnerable people (RCW 74.39A.056(1)).
Common questions
Can Washington employers run a background check?
Washington's Fair Chance Act was strengthened in 2025. Since July 1, 2026, employers with 15 or more employees must wait until a conditional job offer to check criminal records, need a legitimate business reason to reject someone for a conviction, must hold the job open 2 business days after notice, and must give a written decision; smaller employers follow the same rules starting January 1, 2027. Washington also has its own consumer reporting act with a 7-year reporting limit and a credit report limit, and Seattle and Spokane have local ordinances.
Does Washington have a ban-the-box law for private employers?
Employers may not ask about, check, or otherwise get an applicant's criminal record until after deciding the applicant is otherwise qualified and making a job offer conditioned on the record check (RCW 49.94.010(1)).
How far back does a background check go in Washington?
Screening companies may not report adult arrests, charges, or convictions more than 7 years old (from disposition, release, or parole) unless the job pays, or is expected to pay, $20,000 a year or more (RCW 19.182.040(1)(e), (2)(c)).
Can Washington employers run credit checks on applicants?
Employers may not get a report with credit information for hiring unless the information is substantially job related and the reasons are disclosed to the applicant in writing, or the law requires it (RCW 19.182.020(2)(c)).
Some rules for Washington weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- RCW 49.94 Washington Fair Chance Act, full chapter (official)
- EHB 1747, Laws of 2025 ch. 71, session law (official)
- Washington Attorney General Fair Chance Act page (official)
- RCW 19.182 Washington Fair Credit Reporting Act, full chapter (official)
- RCW 9.94A.640 (official)
- RCW 9.96.060 (official)
- RCW 74.39A.056 (official)
- Seattle Fair Chance Employment page (Office of Labor Standards)
- Seattle Municipal Code ch. 14.17 (Municode, version Sept. 25, 2026)
- Spokane Municipal Code ch. 09.02 Fair Chance Hiring (official)
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.