Amended Washington Fair Chance Act

Effective July 1, 2026, employers with 15 or more employees should be aware of HB 1747 which amends Washington’s Fair Chance Act, imposing stricter regulations on when and how employers can request and use criminal records for employment purposes. Employers with fewer than 15 employees have until January 1, 2027, to comply.

A summary of the key provisions of the Act include:  

1. An employer may not include any question on any application for employment, inquire either orally or in writing, receive information through a criminal history background check, or otherwise obtain information about an applicant's criminal record until after the employer initially determines that the applicant is otherwise qualified for the position and makes an offer of employment conditioned on obtaining the applicant's criminal record.
2. An employer may not advertise employment openings in a way that excludes people with criminal records from applying. Ads that state "no felons," "no criminal background," or otherwise convey similar messages are prohibited.
3. An employer may not implement any policy or practice that automatically or categorically excludes individuals with a criminal record from any employment position. An employer may not reject an applicant for failure to disclose a criminal record prior to receiving a conditional offer of employment.
4. (a) An employer may not carry out a tangible adverse employment action based on an applicant's or employee's arrest record or juvenile conviction record. (b) This subsection does not apply to an adult arrest in which an individual is out on bail or released on their own personal recognizance pending trial.
5. (a) An employer may not carry out a tangible adverse employment action solely based on an applicant's or employee's adult conviction record, unless the employer has a legitimate business reason for taking such action. (b) Before carrying out any tangible adverse employment action under this subsection, the employer shall notify the applicant or employee and identify to the applicant or employee the record on which the employer is relying for purposes of assessing its legitimate business reason. The employer shall hold open the position for a minimum of two business days to provide the applicant or employee a reasonable opportunity to correct or explain the record or provide information on the applicant's or employee's rehabilitation, good conduct, work experience, education, and training. (c) If an employer makes a tangible adverse employment decision following the reasonable opportunity under (b) of this subsection, the employer shall provide the applicant or employee with a written decision, including specific documentation as to its reasoning and assessment of each of the relevant factors, including the impact of the conviction on the position or business operations, and its consideration of the applicant's or employee's rehabilitation, good conduct, work experience, education, and training.
6. An employer may not carry out any tangible adverse employment action against any employee because the employee, or a person acting on behalf of the employee, makes a good faith report, orally or in writing, to the employer, the attorney general, a labor organization, or others of a violation or suspected violation of this section or otherwise informs others of the requirements of this section.

If an applicant voluntarily discloses criminal history information prior to a conditional job offer, the Employer should immediately provide a written summary of their rights under the Act as well as a copy of the Attorney General's Fair Chance Act Guide to the applicant.

There are limited exceptions to the Act. Certain types of employers are exempt from the Act, including:

1. employers hiring individuals who have unsupervised access to children or vulnerable adults;
2. employers who are expressly allowed or required to consider an applicant's criminal record under state or federal law;
3. law enforcement and criminal justice agencies;
4. employers seeking non-employee volunteers;
5. certain entities subject to the Securities and Exchange Act; and
6. potions entailing work under a federal contract that specifically prohibits people with a criminal record from working under the contract. 

Violations of the Act can include penalties ranging from $1,500.00 to $15,000.00.

What Should Employers Do?

Employers subject to the Washington Fair Chance Act should review and update their job postings as applicable, employment applications, background check policies and procedures as well as any pre and/or adverse action notices to align with employer obligations under the Act. Talk with your Legal Counsel about questions related to the Act. 

Employers should also train HR staff on the new requirements including prohibitions on pre-hire questions related to any criminal history, limitations on criminal information to be considered, pre/adverse action notice and timing requirements as well as individualized assessment factors. 

More information on HB1747 is available here. 

Information provided should not be construed as legal advice or a legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have.