Takeaways
- The amended Washington Fair Chance Act prohibits employers from requesting an individual’s criminal background information before a conditional offer of employment is made.
- All employers are covered by the new law, and the new requirements are effective beginning 07.01.26 and 01.01.27, depending on the size of the employer.
- Employers have time to prepare and should consider taking proactive steps.
In the 2025 legislative session, Washington State expanded its Fair Chance Act in a number of different ways to impose additional limits on employers’ criminal background inquiries of applicants and employees. The changes go into effect for medium and large employers in July 2026 and for small employers in January 2027, giving employers plenty of time to get ready.
Employers with employees in the City of Seattle are already subject to most of these new requirements and restrictions. Therefore, 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.” If a candidate voluntarily discloses a conviction prior to any offer, the employer must provide notification of the law and an Attorney General Fair Chance Act guide for employers and job applicants.
Once receiving information about a candidate’s criminal history, an employer must proceed with caution. The use of automatic disqualifiers for employment cannot be relied upon unless permitted by law…