Washington State has updated its Fair Chance Act, introducing stricter limits on criminal history inquiries, mandatory candidate notifications, and formalized procedures for adverse employment decisions.

Effective Dates by Employer Size

• July 1, 2026: Applies to employers with 15+ employees.
• January 1, 2027: Applies to all employers.
  
  

Note: Employers operating in Seattle must continue complying with both local ordinance requirements and state law.

Inquiry Restrictions & Pre-Offer Limits

• Criminal background checks and inquiries are permitted only after extending a conditional job offer.
• If an employer discloses to the applicant that the position is subject to a background check after a conditional offer of employment, or a candidate voluntarily discloses a conviction prior to any offer, the employer must immediately provide written notification of the law and the recently updated Attorney General’s Guide (AG’s Guide) for employers and job applicants.
• Pre-offer voluntary disclosures cannot be considered until a conditional offer is extended, and blanket exclusions based on criminal records are prohibited.
  
  

Adverse Action 

• Tangible adverse actions (rejection, termination, demotion, etc.) cannot be based on juvenile convictions or arrest records (unless the individual is out on bail/recognizance pending trial).
• Adult conviction records can only justify adverse action if tied to a legitimate business reason following a mandatory assessment.
  
  

Required 3-Step Individualized Assessment Process

1. Notify the candidate in writing and identify the specific record relied upon.
2. Hold the position open for at least two business days to allow the candidate a reasonable opportunity to correct or explain the “individual assessment factors” of rehabilitation, good conduct, work experience, education, and training.
3. Provide a final written decision detailing the specific factor analysis if proceeding with adverse action.
   
   

Exclusions

The law recognizes a variety of exclusions, such as:

• Federal contract recipients; 
• Employers hiring persons who will have unsupervised access to children under 18, vulnerable adults, or vulnerable persons as defined by statute; or 
• Employers such as a financial institution that are expressly permitted or required under federal or state law to inquire into, consider, or rely upon information about an individual’s criminal record for employment purposes.