Washington State is stepping up its commitment to fair hiring by expanding its Fair Chance Act, aiming to give individuals with a criminal record a more equitable shot at employment. As of July 1, 2026, businesses in the state with 15 or more employees will need to revise their background screening and hiring processes to align with new legal requirements—or face significant consequences.
Updated Fair Chance Act
Under the updated law, employers must wait until a conditional job offer is made before asking about or reviewing an applicant’s criminal background—unless a specific exemption applies (such as for financial institutions or positions subject to regulatory rules).
This shift emphasizes the importance of evaluating a candidate’s qualifications first, and only considering criminal history when there’s a legitimate business justification for doing so.
What Can’t Be Considered
Employers are prohibited from taking adverse action based on:
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Arrest records, including pending charges, unless the person is awaiting trial while out on bail or personal recognizance.
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Juvenile convictions
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General policies that automatically disqualify applicants with any criminal history
If a conviction is to be considered, the employer must tie it directly to the job’s responsibilities and assess the potential risk to the workplace, reputation, or customers.
What Must Be Considered
Employers are required to perform and document an individualized assessment if they decide to move forward with considering a conviction. That assessment should include:
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The seriousness and nature of the offense
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Time passed since the conviction
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Any proof of rehabilitation or positive life changes
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The job’s duties and where/how it’s performed
This is designed to ensure that each applicant is evaluated based on context—not just criminal records in isolation.
New Notice & Disclosure Requirements
If adverse action is being considered based on criminal history, employers must:
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Provide the applicant with a notice detailing the specific criminal record in question
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Hold the position open for at least 2 business days (or 5 days if combined with a federal Fair Credit Reporting Act (FCRA) notice)
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Allow the applicant to provide context, corrections, or evidence of rehabilitation
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Send a final notice that explains the decision and documents the employer’s evaluation process
There’s also a new disclosure mandate: If an employer mentions a post-offer background check or if an applicant voluntarily discloses criminal history, the employer must provide a written explanation of the law and include a copy of the Attorney General’s Fair Chance Guide.
Smaller Businesses
Employers with fewer than 15 employees get a six-month extension. They’ll need to comply with these requirements by January 1, 2027.
Employer Guidance
Failing to follow the amended law could lead to civil penalties, lawsuits, or even compensatory damages. Washington isn’t alone—other states including California, Illinois, and New York have adopted similar “fair chance” laws with their own unique notice and assessment rules.
Washington employers should begin preparing now by updating their hiring procedures, revising screening policies, and training HR teams on the new requirements. It’s also a good idea to consult legal counsel to ensure your practices align not only with Washington’s changes but with evolving standards nationwide.
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At Global Investigative Services, we are your trusted ally in background screening, committed to delivering precise, timely, and comprehensive information to empower your decision-making. If you have any questions about background screening laws in your state or need guidance navigating these regulations, please contact us.
