District of Columbia Background Check Laws for Employers
The District regulates hiring more tightly than either neighboring state. Employers with 11 or more employees may not ask about convictions before a conditional offer, credit information is a protected trait, wage-history questions are banned and pay ranges must appear in postings, and off-duty cannabis use cannot cost someone a job. This guide covers each law, names the agency behind it, and explains the federal FCRA steps that apply on top.
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At a glanceFCRA stepsFair Criminal Record ScreeningCredit checksWage transparencyCannabisRecords you may useLookbackSocial media, E-Verify, AIIndustry rulesServicesChecklistFAQs
District of Columbia employment screening laws at a glance
Most District hiring rules live in the Human Rights Act and its amendments, enforced by the Office of Human Rights. The Attorney General enforces the wage-transparency law. The federal FCRA carries the reporting process.
| Rule | What it requires | Administering agency |
|---|---|---|
| Federal FCRA, 15 U.S.C. § 1681 et seq. | Stand-alone disclosure, written authorization, pre-adverse and adverse-action notices, seven-year limit on reported non-convictions below $75,000. | Consumer Financial Protection Bureau; Federal Trade Commission; private suits |
| D.C. Code § 32-1341 et seq. (Fair Criminal Record Screening Amendment Act of 2014) | Employers with more than 10 employees may not ask about arrests or non-pending accusations at all, and may not ask about or consider convictions before a conditional offer. An offer may be withdrawn only for a legitimate business reason after weighing six factors. | D.C. Office of Human Rights (penalties up to $1,000 to $5,000 by employer size; half to the applicant) |
| D.C. Code § 2-1402.11(a)(4)(D) and (d) (Fair Credit in Employment Amendment Act of 2016) | Employers may not require, request or suggest that an employee submit credit information, or use or inquire into it, except under the seven listed exceptions. | D.C. Office of Human Rights (penalties $1,000, $2,500 and $5,000 for successive violations) |
| D.C. Code §§ 32-1451 to 32-1455 (Wage Transparency Omnibus Amendment Act, D.C. Law 25-138) | Employers with one or more employees may not screen on or seek wage history, must include the minimum and maximum projected pay in postings, must disclose healthcare benefits before the first interview, and must post a notice of rights. | Mayor (fines) and D.C. Attorney General (civil penalties $1,000, $5,000 and $20,000); no private right of action |
| D.C. Code § 32-951.01 et seq. (Cannabis Employment Protections Amendment Act, D.C. Law 24-190) | No adverse action for off-duty cannabis use, medical-patient status or cannabinoid metabolites in a drug test without additional factors indicating impairment, unless the position is designated safety-sensitive or federal law, regulation, contract or funding requires the action; written notice of rights required. | D.C. Office of Human Rights; D.C. Attorney General; private suits |
| D.C. Code § 16-801 et seq. (Second Chance Amendment Act, D.C. Law 24-284) | Expanded sealing by motion applicable since March 1, 2025; automatic sealing and expungement of eligible records scheduled by October 1, 2027. Sealed records may not be reported or used. | D.C. Superior Court; Metropolitan Police Department records |
| D.C. Code § 2-1401.01 et seq. (Human Rights Act); Title VII | No discrimination on protected traits by any employer; the EEOC guidance on criminal records applies through Title VII. | D.C. Office of Human Rights; U.S. EEOC |
| D.C. Code § 44-551 et seq. (health-care facility checks) | Unlicensed personnel in health-care facilities must clear criminal background checks. | D.C. Department of Health |
The FCRA process every District of Columbia employer must follow
The federal Fair Credit Reporting Act governs every background check a consumer reporting agency prepares for a District of Columbia employer. The state rules on this page sit on top of it, never in place of it.
The District adds its own notices on top of the federal ones. Under the Fair Criminal Record Screening Act, an applicant whose offer is withdrawn may request, within 30 days, a copy of the records relied on and a notice of the right to file a complaint with the Office of Human Rights, and the employer must provide both within 30 days of the request.
Disclose and authorize
Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes, and get written authorization before you order. Keep the disclosure free of liability waivers and extra language.
Order the right scope
Match the search to the position. Order criminal, driving, credit, and verification searches only where the job supports them, and apply the same package to every candidate for the same position.
Pre-adverse action
Before you decide against a candidate because of the report, send a copy of the report and the CFPB Summary of Your Rights, then wait a reasonable period, commonly five business days, so the candidate can dispute errors.
Adverse action notice
If you proceed, send the final notice naming the screening company, stating that it did not make the decision, and explaining the right to a free file copy within 60 days and the right to dispute.
The Fair Criminal Record Screening Act: 11 or more employees, conditional offer first
Who is covered
D.C. Code § 32-1341(6) defines an employer as any person or entity that employs more than 10 employees in the District, so the Act applies at 11 employees. Earlier versions of this page said 10 in one place; the correct figure is 11 or more.
What is prohibited
Under § 32-1342, an employer may not ask about or require an applicant to disclose an arrest or a criminal accusation that is not pending and did not result in conviction, at any stage. It may not ask about or consider a conviction until after a conditional offer of employment. Ads that exclude people with records are also barred.
Withdrawing an offer
After the conditional offer, an employer may withdraw it, or take adverse action, only for a legitimate business reason that is reasonable in light of six factors: the specific duties of the job; the bearing of the offense on the applicant’s fitness to perform them; the time elapsed; the applicant’s age at the time; the frequency and seriousness of the offense; and information about rehabilitation and good conduct.
Notices and penalties
Within 30 days of a withdrawal, the applicant may request a copy of all records the employer relied on and a notice of the right to file a complaint; the employer has 30 days to provide them. Complaints go to the Office of Human Rights, which may impose penalties of up to $1,000 (11 to 30 employees), $2,500 (31 to 99) or $5,000 (100 or more), half paid to the complainant. There is no private right of action.
Exemptions
Where a federal or District law or regulation requires consideration of criminal history for the position.
Positions the employer designates as part of a federal or District program designed to encourage the employment of people with criminal histories.
Any facility or employer that provides programs, services or direct care to minors or vulnerable adults. The D.C. Courts are outside the Act.
Credit information is a protected trait in the District
The Fair Credit in Employment Amendment Act of 2016 effective April 7, 2017, added credit information to the traits protected by the Human Rights Act. Under D.C. Code § 2-1402.11(a)(4)(D), an employer may not directly or indirectly require, request, suggest or cause an employee or applicant to submit credit information, or use, accept, refer to or inquire into it.
The exceptions
Section 2-1402.11(d) lists them: where the employer is otherwise required by District law to use credit information; police officers, special police and other positions with a law-enforcement function; the Office of the Chief Financial Officer and the D.C. Retirement Board; positions that require a security clearance under District law; disclosures by District employees to the Board of Ethics and Government Accountability or the Inspector General; financial institutions where the position involves access to personal financial information; and a lawful subpoena, court order or law-enforcement investigation. There is no general exception for cash-handling or signatory positions, and no exception for information an applicant volunteers.
Enforcement
The Office of Human Rights investigates complaints and may impose civil penalties of $1,000 for a first violation, $2,500 for a second and $5,000 for each later violation under § 2-1403.13.
Policy language
List the position classes that fit an exception and the exception each relies on. Order credit reports for those classes only.
The FCRA steps still apply to every credit report you do order.
Wage transparency: no wage-history questions, pay ranges in every posting
The Wage Transparency Omnibus Amendment Act of 2023, D.C. Law 25-138, became applicable on June 30, 2024 and amended D.C. Code § 32-1451 et seq. It covers every employer with at least one employee in the District.
What it requires
Under § 32-1452, employers may not screen applicants based on wage history, including by requiring that it meet minimum or maximum criteria, or seek wage history from a prior employer. Under § 32-1453.01, every job listing and position description must state the minimum and maximum projected salary or hourly pay in good faith, and employers must disclose the existence of healthcare benefits before the first interview. Section 32-1453.02 requires a posted notice of rights in the workplace.
Enforcement
Under § 32-1455 the Mayor may assess fines and the Attorney General may investigate and sue, with civil penalties of $1,000 for a first violation, $5,000 for a second and $20,000 for each later violation; there is no private right of action. Earlier versions of this page omitted this law.
Application forms and postings
Delete salary-history fields from every form and interview script.
Add the pay range and a benefits statement to every posting, including third-party job boards.
Cannabis: off-duty use and positive tests are protected
The Cannabis Employment Protections Amendment Act of 2022, D.C. Law 24-190, is codified at D.C. Code § 32-951.01 et seq.; its substantive provisions were tied to funding, which law firms report was certified so that they became applicable on July 13, 2024. Employers may not refuse to hire, terminate, suspend or penalize a person for cannabis use off premises and off duty, for status as a medical-cannabis patient, or for the presence of cannabinoid metabolites in a required drug test without additional factors indicating impairment.
Safety-sensitive positions
The Act does not apply to positions the employer has designated in writing as safety-sensitive: security services, regular or frequent operation of motor vehicles or heavy or dangerous equipment, active construction sites, power and gas utility lines, hazardous materials, supervision or routine care of people unable to care for themselves, and administering medications or medical treatment. It also yields where a federal statute, regulation, contract or funding agreement requires the employer’s action. There is no collective-bargaining exception. Employers may still act on impairment at work and may bar use and possession on premises.
Notice duties
Employers must give employees written notice of their rights under the Act, of any safety-sensitive designation, and of the employer’s testing protocols: to all incumbent employees within 60 days of the applicability date and annually thereafter, and to each new employee at hire.
Enforcement
Complaints go to the Office of Human Rights within one year, the Attorney General may enforce, and the Act creates a private right of action: medical-cannabis patients may sue directly, while other employees must first exhaust the OHR process.
Outside designated safety-sensitive and federally regulated positions, a positive THC test alone cannot support adverse action.
Which District records you may and may not use
D.C. Superior Court records are public, but the screening act and the sealing statutes remove several categories.
Arrests and non-pending accusations
Off limits for covered employers at every stage under § 32-1342(a). Do not order or use arrest-only records for District positions; pending charges may be considered after the conditional offer.
Sealed and expunged records
The Second Chance Amendment Act, D.C. Law 24-284, expanded sealing by motion under D.C. Code § 16-806, applicable since March 1, 2025: non-convictions at any time, misdemeanor convictions five years after the sentence is complete, and most felonies after eight, excluding the most serious felony severity groups. Automatic sealing of non-convictions and eligible misdemeanors after ten years (§ 16-805) and automatic expungement of decriminalized offenses (§ 16-802) are scheduled by October 1, 2027 under D.C. Law 26-9. Sealed records may not be reported or used, and the person may deny them.
Marijuana possession
The Second Chance Act schedules automatic expungement of decriminalized simple marijuana possession records by October 1, 2027. Treat them as if they never existed.
Convictions
After the conditional offer, convictions may be considered under the six-factor test. Federal court records from the U.S. District Court for the District of Columbia are separate from Superior Court and should be searched when the position warrants it.
Juvenile records
Family Court juvenile records are confidential under D.C. Code § 16-2331 et seq. and are not available for private employment screening.
MPD police clearances
The Metropolitan Police Department issues police clearance letters to individuals. They cover arrests in the District only and are not FCRA consumer reports; a Superior Court search with identity verification is the employer-grade record.
How far back a District background check can go
The District has no reporting-limit statute of its own. The federal FCRA sets the outer limits, and the screening act and sealing laws remove several categories entirely.
Non-convictions
Under the FCRA, arrests and other adverse items that did not end in conviction may not be reported more than seven years after they occurred, for positions paying under $75,000. Under the screening act, covered employers may not ask about them at all.
Convictions
The FCRA places no age limit on reported convictions. The time elapsed is one of the six statutory factors, so an older offense weighs less in the decision.
Higher-paid positions
For positions expected to pay $75,000 or more, the FCRA seven-year limit on non-convictions does not apply. The District’s arrest rule and the six-factor test still do.
Set the lookback in your written policy by position class, then order the same scope for every candidate in that class.
Social media, E-Verify, AI and drug testing beyond cannabis
Social media passwords
The District has not enacted a social-media password law. Requesting personal credentials remains a poor practice: it exposes protected traits, and the Human Rights Act’s long list of protected classes makes that exposure costly.
E-Verify
The District has no E-Verify mandate for private employers. Enrollment is voluntary at e-verify.gov; Form I-9 remains mandatory for every hire, and federal contractors follow the FAR E-Verify clause.
AI in hiring
The Stop Discrimination by Algorithms Act has been introduced in the Council but not enacted. Title VII and the Human Rights Act’s disparate-impact rules apply to any automated screen, so test tools for adverse impact and keep a human decision-maker.
Drug testing beyond cannabis
No District statute restricts testing for other substances. Adopt a written policy, use a certified laboratory and a medical review officer, and follow 49 C.F.R. Part 40 for DOT roles, which keep their federal cannabis rules.
Protected traits
The Human Rights Act protects more than 20 traits, including credit information, family responsibilities, matriculation, political affiliation and personal appearance. Keep interview and reference questions to job-related matters.
Reference checks
The District has no reference-immunity statute. Confirm dates, title and eligibility for rehire, and document the answer.
District industry-specific screening requirements
Health-care facilities
Under D.C. Code § 44-551 et seq., health-care facilities, home-care agencies and similar providers must run criminal background checks on unlicensed personnel before hire; listed convictions disqualify. Administered by the Department of Health.
Child care and youth programs
Under D.C. Code § 4-1501.01 et seq., people with unsupervised access to children in licensed child development facilities, schools and youth programs must clear fingerprint-based FBI and MPD checks and a child protection register check. Administered by the Office of the State Superintendent of Education and the Child and Family Services Agency.
Public and charter schools
DCPS and public charter school employees and contractors with student contact clear fingerprint-based checks under the same chapter, administered by the schools and OSSE.
Private security
Security officers and special police officers are licensed by the Metropolitan Police Department Security Officers Management Branch under D.C. Code § 47-2853.208 and 17 DCMR ch. 21 with fingerprint checks; the former § 47-2839 licensing sections were repealed effective October 1, 2025.
For-hire vehicles
Taxi and rideshare drivers are checked by the Department of For-Hire Vehicles under Title 50, Chapter 3 of the D.C. Code.
Transportation and finance
CDL drivers follow FMCSA rules, including the Drug and Alcohol Clearinghouse and 49 C.F.R. Part 40. Banks follow FDIC Section 19; broker-dealers follow FINRA Rule 3110. DC DMV records are available through the driving-records service.
Screening services built for District of Columbia employers
BCS Background Screening LLC runs FCRA-compliant searches for District of Columbia employers of every size, with no setup fee and per-search pricing.
Washington, DC criminal search
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County criminal court search
Direct research at the county courthouse, $18 plus any court fees, seven-year standard scope. This is the search that confirms a database hit before it reaches a report. County court search details.
Nationwide criminal database
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Motor vehicle records
State driving records for any position that drives on company business, with CDL and DOT-regulated roles supported. Motor vehicle records.
SSN trace and address history
Included at no extra cost in every search package: 10-plus years of reported address history to point criminal searches at the right counties. SSN trace.
Verifications
Employment, education, professional license, and reference verifications, plus employment credit reports for positions with financial responsibility, all ordered from the same account.
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District of Columbia employer compliance checklist
Twelve steps that keep a District screening program inside the FCRA, the Human Rights Act amendments and the wage-transparency law.
- Use a stand-alone FCRA disclosure and a separate written authorization for every candidate.
- With 11 or more District employees, remove every criminal-history question until after a conditional offer, and never ask about arrests.
- Withdraw an offer only after documenting the six-factor legitimate business reason.
- Provide the records relied on and the Notice of Right to File a Complaint within 30 days of a request.
- Order credit reports only for position classes that fit a § 2-1402.11(d) exception, and document which one.
- Delete wage-history questions; put the minimum and maximum pay in every posting; disclose benefits before the first interview; post the notice.
- Designate safety-sensitive positions in writing and give the cannabis rights notice to every new hire and annually.
- Do not test for THC, or act on a positive THC test, outside safety-sensitive and federally regulated positions.
- Never use sealed, expunged or juvenile records.
- Send the pre-adverse action package, wait a reasonable period, then send the final adverse-action notice.
- Complete Form I-9 for every hire; E-Verify is optional unless you are a federal contractor.
- Review any automated screening tool for disparate impact.
District of Columbia background check laws: employer FAQs
Each answer names the statute, what it requires, and the agency that administers it.
Does the District of Columbia have a ban-the-box law?
Yes. The Fair Criminal Record Screening Amendment Act of 2014, D.C. Code § 32-1341 et seq., covers employers with more than 10 employees in the District, that is, 11 or more. They may never ask about arrests or non-pending accusations and may not ask about or consider convictions until after a conditional offer, which may then be withdrawn only for a legitimate business reason weighing six statutory factors. The Office of Human Rights enforces the Act with penalties of up to $1,000, $2,500 or $5,000 by employer size, half paid to the applicant; positions where a law requires consideration of criminal history, positions in programs designed to employ people with records, and facilities or employers serving minors or vulnerable adults are exempt.
Can DC employers run credit checks?
Only under an exception. The Fair Credit in Employment Amendment Act of 2016 made credit information a protected trait under D.C. Code § 2-1402.11; employers may not require, request, suggest or use it except in the seven cases listed in subsection (d): District law requires it, positions with a law-enforcement function, the Office of the Chief Financial Officer and Retirement Board, positions requiring a security clearance under District law, District employee disclosures to ethics bodies, financial institutions where the job involves access to personal financial information, and lawful subpoenas, court orders or law-enforcement investigations. There is no exception for cash-handling or signatory positions. The Office of Human Rights enforces the Act with penalties of $1,000, $2,500 and $5,000 for successive violations.
Can DC employers ask about salary history?
No. The Wage Transparency Omnibus Amendment Act, D.C. Law 25-138, applicable June 30, 2024 and codified at D.C. Code §§ 32-1451 to 32-1455, bars every employer with at least one District employee from screening on or seeking wage history, requires the minimum and maximum projected pay in every job posting, requires disclosure of healthcare benefits before the first interview, and requires a posted notice of rights. The Mayor may assess fines and the D.C. Attorney General may sue, with civil penalties of $1,000, $5,000 and $20,000 for successive violations; there is no private right of action.
Can a DC employer reject an applicant who tests positive for cannabis?
Generally no. The Cannabis Employment Protections Amendment Act, D.C. Law 24-190, codified at D.C. Code § 32-951.01 et seq. and reported by employment counsel as applicable since July 13, 2024, bars adverse action for off-duty cannabis use, medical-patient status or cannabinoid metabolites in a drug test without additional factors indicating impairment. Exceptions cover positions the employer has designated in writing as safety-sensitive and actions required by federal statute, regulation, contract or funding; there is no collective-bargaining exception. Employers must give written notice of rights to each new hire and annually. The Office of Human Rights and the Attorney General enforce the Act, and employees may sue, medical patients directly and others after the OHR process.
How many years back can a DC background check go?
The District has no lookback statute, so the federal Fair Credit Reporting Act governs. Consumer reporting agencies may not report non-convictions older than seven years for positions paying under $75,000; convictions carry no federal age limit. Covered District employers may not ask about arrests at all, and sealed records may not be reported at any age. The Consumer Financial Protection Bureau and Federal Trade Commission enforce the FCRA.
What did the Second Chance Amendment Act change?
D.C. Law 24-284 rewrote the District’s sealing and expungement law at D.C. Code § 16-801 et seq. Since March 1, 2025, people may move under § 16-806 to seal all non-conviction records, misdemeanor convictions five years after the sentence is complete and most felony convictions after eight, excluding the most serious severity groups. Automatic sealing under § 16-805 and automatic expungement of decriminalized marijuana offenses under § 16-802 are scheduled by October 1, 2027 under D.C. Law 26-9, a date the Council has moved before, so confirm it with counsel. Sealed records may not be reported or used, and the person may deny them. The D.C. Superior Court enters the orders.
What notices must a DC employer give after withdrawing an offer?
Under D.C. Code § 32-1342(e), an applicant whose conditional offer is withdrawn because of a criminal record may request, within 30 days, a copy of all records the employer relied on and a notice of the right to file a complaint with the Office of Human Rights, and the employer must provide both within 30 days of the request. These notices sit on top of the federal FCRA pre-adverse and adverse-action notices, which are required whenever a consumer report contributed to the decision.
Is E-Verify mandatory in the District of Columbia?
No. The District has no E-Verify mandate for private or District government employers. Federal contractors must use E-Verify under the FAR E-Verify clause, administered by U.S. Citizenship and Immigration Services, and every employer must complete Form I-9 within three business days of the start date.
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This page is general information for employers, not legal advice. BCS Background Screening LLC is a consumer reporting agency, not a law firm. District of Columbia statutes, local ordinances, and agency guidance change; confirm current requirements with employment counsel before adopting or changing a screening policy. Rules described as current were reviewed in October 2026.