Washington state has significantly expanded its Fair Chance Act through legislation enacted during the 2025 legislative session (EHB 1747), which is now codified at RCW 49.94 (Amended Fair Chance Act). Signed by Governor Bob Ferguson, the Amended Fair Chance Act imposes substantially more demanding requirements on Washington employers when inquiring about criminal history, conducting criminal background checks, and making employment decisions based on criminal history.
The new requirements take effect 1 July 2026 for employers with 15 or more employees and 1 January 2027 for employers with fewer than 15 employees.
Background: Washington’s Original Fair Chance Act (2018)
In 2018, Washington enacted the original Fair Chance Act, which is commonly known as the “ban the box” law. The Fair Chance Act prohibited employers from inquiring into or conducting criminal background checks on applicants until the employer had determined that the applicant was “otherwise qualified” for the position. The 2018 law also banned job postings that categorically excluded applicants with criminal histories. Those foundational provisions remain in effect and are now supplemented by the 2025 amendments discussed below.
Employers with employees in Seattle have been subject to Seattle’s Fair Chance Employment Ordinance (Seattle Ordinance) since 2013, which already imposed restrictive rules regarding the use of criminal records in employment decisions. The Amended Fair Chance Act aligns Washington’s statewide requirements more closely with the Seattle Ordinance and extends heightened protections to the entire state.
Key Changes Under Washington’s Amended Fair Chance Act
Timing of Background Checks: Conditional Offer Required First
Under the Amended Fair Chance Act, Washington employers are prohibited from inquiring into or receiving information about an applicant’s criminal history or conducting a criminal history background check on an applicant until after the employer has made a conditional offer of employment. It also expressly prohibits:
- Any policy or practice that automatically or categorically excludes individuals with a criminal record from any employment position; and
- Rejecting an applicant for failure to disclose a criminal record prior to receiving a conditional offer of employment.
Arrest Records and Juvenile Conviction Records: Absolute Bar on Adverse Action
Employers are now strictly prohibited from taking any tangible adverse employment action (defined as rejecting an otherwise qualified applicant, or terminating, suspending, disciplining, demoting, or denying a promotion to an employee) based on an applicant’s or employee’s (a) arrest record; or (b) juvenile conviction record.
Exception
The prohibition on considering arrest records does not apply to an adult arrest in which the individual is out on bail or released on their own personal recognizance pending trial.
Adult Conviction Records: “Legitimate Business Reason” Standard
Washington employers may not take a tangible adverse employment action solely based on an applicant’s or employee’s adult conviction record unless the employer can establish a “legitimate business reason” for doing so…