Washington’s New Background Check Requirements Take Effect July 2026

In July 2025, we covered Washington State’s increased regulations for employer access to criminal background checks with House Bill 1747. While the original version of Washington State’s Fair Chance Act focused on delaying when employers could ask about criminal history, HB 1747 dramatically changed how criminal history information is evaluated, documented, and used in hiring decisions.

Starting July 1, 2026, employers with 15 or more employees will need to start following the updated regulations. Smaller organizations will also be subject to new regulations, but will have a little more time to align their process, starting on January 1, 2027.

A quick recap of changes to Washington State’s Fair Chance Act

As the enactment date nears, we wanted to share a quick overview of the requirements enacted in HB 1747. The updated law creates a few important changes employers need to keep in mind, shifting the focus of Washington State’s Fair Chance Act from delaying inquiries about employment history to broader regulations to help ensure that reformed individuals with a criminal history receive a second chance. Below is a quick high-level overview of details employers hiring in Washington State need to know:

1. Limits on job posting regarding criminal history: Employers cannot advertise positions with a “no criminal history” disclaimer or use practices intended to ban people with a criminal history from applying.
2. Limitations on rejecting applicants related to criminal history:
   • Employers are not permitted to reject candidates for failure to disclose criminal history in advance.
   • Employers cannot reject applicants solely based on general criminal history or initiate adverse action unless a candidate is out on bail or released and still awaiting trial.
3. Criminal history inquiries: Employers cannot inquire about criminal history in any way until after an offer is made.
4. Additional resources for candidates: If an applicant voluntarily discloses criminal record information before a conditional job offer, including during an interview, the employer must immediately provide written notice of the Fair Chance Act requirements and a copy of the Attorney General’s Fair Chance Act Guide.
5. Adverse action process: Employers who take adverse action related to criminal history for candidates and employees must follow a more clearly regulated process and demonstrate that any use of that information is directly tied to the role and based on a legitimate business reason that is directly relevant. Employers that have determined a criminal record is directly relevant must keep the position open for at least two business days, giving candidates and employees a fair chance to respond with additional context, proof of rehabilitation, or corrections to any errors.
   
   

What’s next for employers hiring in Washington

HB 1747 focuses on closing gaps in the interpretation of Washington State’s Fair Chance Act, clarifying that hiring decisions must be based on unbiased, job-related reasoning rather than broad policies or automatic disqualifiers intended to exclude individuals with a criminal past. Employers that legitimately need to initiate adverse action or reject a job applicant are allowed to do so, but will be required to show how a specific conviction impacts the employee’s or candidate’s ability to perform the job or poses a relevant and tangible risk to people, property, or business operations.

Penalties for not following the new regulations are steep and increase with subsequent violations. Under HB 1747, the Washington Attorney General’s Office will enforce civil penalties of up to $1,500 for the first violation, $3,000 for the second, and escalating to $15,000 subsequent violations. Damages are payable directly to the affected applicant or employee. Employers should meet with their legal counsel to review the law and see how this applies to them to determine next steps. To review the full text of the law, please see here.

Interested in other Ban the Box or Second Chance laws? Look at our Ban the Box Guide to see laws and regulations by state and county.

This content is for informational purposes only and shall not constitute legal opinion or advice. Consult your legal counsel to ensure compliance.