Takeaways
- Washington’s amended Fair Chance Act prohibits employers from requesting an individual’s criminal background information before a conditional offer of employment is made and also limits an employer’s ability to take tangible adverse employment actions against both applicants and employees because of their arrest or conviction records.
- Medium and large employers are covered by new requirements effective 07.01.26, with the next effective date for small employers, 01.01.27.
- Employers should be proactive in understanding what steps they need to follow, including adding the new Washington State Attorney General’s Guide along with their required written notification to a candidate in the event of voluntary disclosure of a criminal conviction prior to a job offer and if they are subject to a background check after I dona conditional offer of employment.
Related links
- Washington Employers: Prepare for Hiring Practice Shifts as New Background Check Requirements Take Effect in 2026 + 2027
- Fair Chance Act | Washington State
Article
Washington State’s 2025 expanded Fair Chance Act, imposing additional limits on employers’ criminal information inquiries, went into effect for medium and large employers (15 or more employees) beginning July 1, 2026, and will be effective for small employers (fewer than 15 employees) beginning January 2027.
Employers with employees in the City of Seattle are already one step ahead under local law. The changes to state law will supplement those Seattle requirements and apply to employers throughout the state.
Timing of Inquiries
Unless otherwise required by law, only post-offer criminal history inquiries and criminal background checks will be permitted. Previously, an employer could potentially inquire earlier, after a candidate was deemed “otherwise qualified.”…