Fair Chance/Washington
Washington Fair Chance Hiring 2026
When criminal history can enter the hiring process, what must happen before a conviction-based no, and who enforces it. Every figure below is checked against the statute and agency guidance.
Check Only After Offer
Under Washington's Fair Chance Act, a covered employer cannot ask about, run, or obtain a criminal background check until the applicant is judged otherwise qualified and given a conditional job offer.
| The law | Fair Chance Act (RCW chapter 49.94) |
|---|---|
| Who is covered | Employers with 15 or more employees since July 1, 2026, when the amendments made by EHB 1747 (Chapter 71, Laws of 2025) took effect; employers with fewer than 15 employees are covered on January 1, 2027. |
| When criminal history can enter | A covered employer cannot ask about, run, or obtain a criminal background check until the applicant is judged otherwise qualified and given a conditional job offer (RCW 49.94.010). Arrests that did not lead to conviction, juvenile records, and vacated or expunged convictions cannot be considered at any stage of hiring; the one statutory exception is a person out on bail or released on personal recognizance awaiting trial. |
| Assessment before a no | Rejecting an applicant over a conviction requires a documented individualized assessment of six statutory factors (RCW 49.94.005(6)(b)(i) through (vi)): seriousness of the underlying conduct; number and types of convictions; time elapsed, excluding incarceration; verifiable rehabilitation evidence; the specific duties and responsibilities of the position; and the place and manner in which the position will be performed. |
| The response window | Before a final no over a conviction, the employer must identify the record relied on, hold the position open at least two business days for the applicant to respond, and then provide a written decision (RCW 49.94.010). |
| Required notices | As soon as a background check is disclosed, or an applicant raises their own record, the employer must immediately provide written notice of the law's requirements plus the Attorney General's Fair Chance Act Guide, whose current edition is the June 2026 update (RCW 49.94.010(8)). |
| Enforcement and penalties | Enforcement belongs solely to the Washington Attorney General's Office; the Act has no private right of action and never did (RCW 49.94.020(6)). Penalties are assessed per person, per violation, at up to $1,500 for a first violation, $3,000 for a second, and $15,000 for each subsequent one, up from the old $750 and $1,000 ceilings (RCW 49.94.030). |
| Key exemptions | Six categories are exempt from the timing rules (RCW 49.94.010(7)): positions with unsupervised access to children or vulnerable persons; employers legally permitted or required to screen; law enforcement and criminal justice agencies; volunteer positions; securities self-regulatory-organization entities; and federal contracts barring people with records. |
What a violation costs
Penalty ceilings, per person, per violation
Assessed per aggrieved applicant or employee, per violation (RCW 49.94.030). The Attorney General's Office may issue a warning instead of a penalty for a first-time or minor violation.
The Washington record
June 2018
Washington's original Fair Chance Act takes effect.
August 2025
EHB 1747 (Chapter 71, Laws of 2025) rewrites the Act: conditional-offer gate, six-factor assessment, notice-and-response process, larger penalties.
July 1, 2026
The amended law takes effect for employers with 15 or more employees.
January 1, 2027
Employers with fewer than 15 employees come under the same rules.
The federal floor: FCRA paperwork in every state
Whenever an employer in any state obtains a background check through a consumer reporting agency, the federal Fair Credit Reporting Act sets the baseline procedure. State fair-chance laws layer on top of it, never instead of it.
Before the check. A standalone written disclosure that a consumer report may be obtained for employment purposes, and the applicant's written authorization (15 U.S.C. 1681b(b)).
Before any adverse action based on the report. A copy of the report plus the summary of rights, "A Summary of Your Rights Under the Fair Credit Reporting Act." The current edition is the CFPB's September 2018 version, published on the CFPB model forms and disclosures page; superseded FTC-branded copies still circulate.
With the adverse-action notice. The consumer reporting agency's name, address, and toll-free phone number; a statement that the agency did not make the decision and cannot explain it; and disclosure of the rights to a free report within 60 days and to dispute the report's accuracy (15 U.S.C. 1681m(a)).
The full story: Washington's Fair Chance Act in 2026: What Changed for Background Checks on July 1, the narrative deep dive behind this page.
Questions employers ask
When does Washington's amended Fair Chance Act take effect?
July 1, 2026 for employers with 15 or more employees, and January 1, 2027 for employers with fewer than 15.
Can a Washington employer run a background check before making a job offer?
Not for a covered position. Criminal history can be obtained only after the applicant is found otherwise qualified and given a conditional offer of employment, meaning an offer that stands unless the check turns up something the employer may lawfully act on. Six position categories are exempt from this timing rule entirely.
What can't a Washington employer consider in a background check?
Arrests that didn't lead to a conviction, juvenile records, and convictions that have been vacated or expunged. None of these can factor into the decision at any stage. The one statutory exception: the arrest-record protection doesn't extend to a person out on bail or released on personal recognizance awaiting trial.
Can an applicant sue an employer under the Washington Fair Chance Act?
No, and they never could. The no-private-lawsuit rule dates to the original 2018 law and was left unchanged by the 2025 amendment. The Act is enforced solely by the Washington Attorney General's Office; complaints go to that office, which can investigate and impose penalties.
What are the penalties for violating the Washington Fair Chance Act?
Assessed per affected person, per violation: up to $1,500 for a first violation, $3,000 for a second, and $15,000 for each subsequent one. The Attorney General's Office may issue a warning instead of a penalty for a first-time or minor violation.
How is this different from the old ban-the-box law?
The 2018 law mostly kept criminal-history questions off the initial application. The 2026 amendments add a conditional-offer requirement before any check, a documented individualized assessment before rejecting anyone over a conviction, a written notice-and-response process, a required rights document, and much larger penalties, phased in at 15 or more employees now and all employers on January 1, 2027.
Sources and caveats
Caveat: Washington's figures were verified against the statutory text pulled from the Legislature's site on July 28, 2026, with a freshness re-check on August 19, 2026; the Attorney General's guide (June 2026 edition) was captured July 29, 2026. The six-factor count was read verbatim from RCW 49.94.005(6)(b); the AG's own guide cites the range as (i) through (iv), but the statute enumerates six.
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