Published: July 2, 2026 | 3 min read
Washington employers are now operating under updated requirements of the Washington Fair Chance Act. Beginning July 1, 2026, employers with 15 or more employees must follow new procedures when considering an applicant’s criminal history during the hiring process.
While many employers are already familiar with Washington’s Fair Chance Act, the latest updates affect when criminal history may be considered and establish new procedural requirements.
Although this article primarily focuses on hiring, employers should be aware that certain provisions of the updated law also apply to employees in specific circumstances.
Here’s what you need to know.
Official Resources
For employers who would like to review the official legislation and related guidance, the following official resources may be helpful:
- Washington State Laws and Rules: RCW 49.94 – The Washington Fair Chance Act
- Washington House Bill 1747 (Washington State Legislature): House Bill 1747 – Bill Summary and House Bill 1747 – Final Bill Report
- Washington Attorney General: Fair Chance Act Guide for Employers and Job Applicants
Who is Affected?
The updated requirements took effect July 1, 2026, for Washington employers with 15 or more employees. Employers with fewer than 15 employees will be subject to the updated requirements beginning January 1, 2027.
If your organization hires in Washington, now is a good time to review your hiring practices and background screening procedures to help ensure they align with the updated law.
Implementation Timeline
- July 1, 2026: Employers with 15 or more employees must comply with the updated requirements.
- January 1, 2027: Employers with fewer than 15 employees must comply with the updated requirements.
Key Changes:
| Before July 1, 2026 | New requirements as of July 1, 2026 * |
|---|---|
| Criminal history could generally be obtained earlier in the hiring process. | Criminal history generally cannot be obtained until after a conditional offer of employment. |
| Individualized assessments were not specifically required under the previous law. | Employers must conduct an individualized assessment to determine whether a legitimate business reason exists before taking adverse action based on criminal history. |
| Response requirements varied depending on applicable state or local laws. | Employers must notify the applicant or employee, identify the record being considered, and provide at least two (2) business days for the applicant or employee to respond or provide additional information before taking adverse action. |
| *Beginning on July 1, 2026, employers with 15 or more employees must comply with the new requirements. *Beginning on January 1, 2027, employers with fewer than 15 employees must comply with the new requirements. | |
What These Changes Mean
Criminal History Questions Must Wait
Employers generally may not ask about or obtain criminal history information until after extending a conditional offer of employment.
Individualized Assessments Are Now Required
If criminal history may affect an employment decision, employers must conduct an individualized assessment to determine whether a legitimate business reason exists before taking adverse action based on criminal history. Rather than applying blanket policies, employers should evaluate each situation based on the position and the specific circumstances.
Required Steps Before Taking Adverse Action
Before taking adverse action based on criminal history, employers must provide applicants or employees with an opportunity to respond.
To comply with the updated law, employers generally must:
- Notify the applicant or employee.
- Identify the criminal record being considered.
- Conduct an individualized assessment to determine whether a legitimate business reason exists for taking adverse action.
- Hold the position open for at least two business days while allowing the applicant or employee an opportunity to correct or explain the record, or provide information regarding rehabilitation, good conduct, work experience, education, and training.
If the employer ultimately decides to take adverse action, the law also requires a written decision documenting the employer’s reasoning and assessment. Employers should review the official guidance or consult legal counsel for complete requirements.
Employer Tip:
When conducting an individualized assessment, consider asking:
"Does the criminal history have a direct and negative impact on the individual's ability to perform the job or create a legitimate business risk for our organization?"
This helps keep hiring decisions focused on legitimate business necessity.
Why This Matters
These changes encourage employers to make thoughtful, individualized hiring decisions while balancing workplace safety, business needs, and fair employment opportunities.
How Background Screening Still Fits In
The updated law does not eliminate employment background screening. It changes when criminal history may be considered and establishes additional procedures for employers making hiring decisions.
Background screening remains an important part of many organizations’ hiring processes and can help employers make more informed hiring decisions while supporting compliance with applicable laws.
Washington Fair Chance Act Compliance Checklist
Here are a few practical steps Washington employers can take to prepare:
- Review your employment application.
- Remove questions about criminal history before a conditional offer.
- Update your hiring procedures.
- Train hiring managers on the new requirements.
- Review your adverse action process.
- Consult legal counsel regarding your organization's policies.
How DataQuest Can Help
If you’re reviewing your hiring practices or updating your background screening process to comply with the new Fair Chance Act requirements, DataQuest can help.
We provide background screening, verification services, drug testing, occupational health services, identity verification, and ongoing monitoring solutions designed to support informed hiring decisions.
Our team is committed to providing responsive customer service, experienced human review, and dependable support as employers navigate changing compliance requirements.
Frequently Asked Questions
Can employers still conduct background checks?
Yes. The updated law does not prohibit employment background screening. Instead, it changes when criminal history may be considered and establishes additional procedures employers must follow during the hiring process and certain employment decisions.
Does this law apply to all Washington employers?
The updated requirements took effect July 1, 2026, for Washington employers with 15 or more employees. Employers with fewer than 15 employees will be subject to the updated requirements beginning January 1, 2027. Employers operating in certain local jurisdictions, such as the City of Seattle, may also be subject to additional local fair chance requirements.
Can an employer automatically disqualify an applicant because of a criminal conviction?
Employers must follow the required pre-adverse and adverse action process, conduct an individualized assessment, and have a legitimate business reason before taking adverse action based on criminal history. Any employment decision should be based on job-related factors and legitimate business necessity.
What steps should Washington employers take now?
Employers should review their hiring practices, background screening process, and adverse action procedures to help ensure they align with the updated requirements. Employers should also consider training hiring managers on the new requirements and consult legal counsel regarding their organization’s hiring policies and compliance obligations.
This article is intended for general informational purposes only and should not be considered legal advice. Employers should consult legal counsel regarding their specific hiring policies and compliance obligations.