District of Columbia Background Check Laws for Employers (2026)
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, and wage-history questions are banned.
This guide covers each D.C. law, names the agency behind it, lists what a job application may ask, and explains the federal FCRA steps that apply on top.
District of Columbia Background Check 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. The table below maps each law to the agency that administers it.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (no District equivalent) | Requires a stand-alone disclosure, written authorization, and pre-adverse and adverse-action notices. | CFPB and FTC; private suits |
| State criminal records | D.C. Superior Court public records; MPD police clearances | Superior Court criminal records are public; MPD clearance letters cover District arrests only. | D.C. Superior Court; Metropolitan Police Department |
| Fair chance / ban the box | D.C. Code § 32-1341 et seq. (Fair Criminal Record Screening Amendment Act of 2014) | Employers with 11 or more employees may not ask about arrests at all, or about convictions before a conditional offer. | D.C. Office of Human Rights (penalties $1,000 to $5,000 by employer size; half to the applicant) |
| Sealed and expunged records | D.C. Code § 16-801 et seq. (Second Chance Amendment Act, D.C. Law 24-284) | Expanded sealing by motion since March 1, 2025; automatic sealing and expungement scheduled by October 1, 2027. Sealed records may not be used. | D.C. Superior Court; Metropolitan Police Department records |
| Lookback limits | No District cap; FCRA, 15 U.S.C. § 1681c | Bars reporting non-convictions older than seven years unless the job pays $75,000 or more. | CFPB and FTC |
| Credit reports | D.C. Code § 2-1402.11(a)(4)(D) and (d) (Fair Credit in Employment Amendment Act of 2016) | Bars requesting or using credit information except under the seven listed exceptions. | D.C. Office of Human Rights (penalties $1,000, $2,500 and $5,000) |
| Salary history | D.C. Code §§ 32-1451 to 32-1455 (Wage Transparency Omnibus Amendment Act, D.C. Law 25-138) | Bans wage-history screening, requires pay ranges in postings and a benefits disclosure, for employers with one or more employees. | Mayor (fines) and D.C. Attorney General (civil penalties $1,000, $5,000 and $20,000) |
| Drug and marijuana testing | D.C. Code § 32-951.01 et seq. (Cannabis Employment Protections Amendment Act, D.C. Law 24-190) | Bars adverse action for off-duty cannabis use or a positive THC test without impairment, outside safety-sensitive and federally regulated positions. | D.C. Office of Human Rights; D.C. Attorney General; private suits |
| Application questions | Title VII, ADEA, ADA, INA (federal); D.C. Human Rights Act, D.C. Code § 2-1401.01 et seq. | Bars pre-offer questions about protected characteristics, disability, and citizenship status. | EEOC; U.S. Department of Justice; D.C. Office of Human Rights |
| E-Verify | No District mandate; Form I-9, 8 C.F.R. § 274a.2 | E-Verify stays voluntary except for federal contractors with the FAR clause. | USCIS |
| Social media | No District statute | The District has no password-privacy law for applicants. | Not applicable |
| Health-care facility checks | D.C. Code § 44-551 et seq. | Unlicensed personnel in health-care facilities must clear criminal background checks. | D.C. Department of Health |
| Child care and schools | D.C. Code § 4-1501.01 et seq. | Requires fingerprint-based FBI and MPD checks and a child protection register check for people with unsupervised access to children. | Office of the State Superintendent of Education; Child and Family Services Agency |
How the FCRA Applies to District of Columbia Employers
The federal Fair Credit Reporting Act governs every background check a consumer reporting agency prepares for a District employer. The District rules on this page sit on top of it, never in place of it.
The District adds its own notice. Under the Fair Criminal Record Screening Act, an applicant whose offer is withdrawn may request, within 30 days, the records relied on and a notice of the right to file a complaint with the Office of Human Rights.
Clear Disclosure
Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes. Keep it free of liability waivers and extra language.
Written Authorization
Get written authorization before you order. Then match the search to the position, and apply the same package to every candidate for the same job.
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 and stating that it did not make the decision. Explain the right to a free file copy within 60 days and the right to dispute.
District of Columbia Criminal Records and the Superior Court Search
The District has a single court system. D.C. Superior Court records are public, but the screening act and the sealing statutes remove several categories from employer use.
A Superior Court search with identity verification is the employer-grade record for the District. It returns the charge, the disposition, and the sentence the FCRA expects.
The BCS Washington, DC Search
BCS Background Screening LLC runs a real-time search of D.C. Superior Court criminal records for $20 per name. Every record is reviewed for identity and disposition before release.
Order it from the Washington, DC criminal search page. Candidates who lived in Maryland or Virginia also need a county criminal court search in those counties.
Federal Court Records
Federal court records from the U.S. District Court for the District of Columbia are separate from Superior Court. Search them when the position warrants it.
Convictions After the Offer
After the conditional offer, covered employers may consider convictions under the six-factor test in D.C. Code § 32-1342. Pending charges may also be considered after the offer.
How Far Back a District of Columbia Background Check Can Go
The District has no reporting-limit statute of its own. Therefore, the federal FCRA rule in 15 U.S.C. § 1681c sets the outer limits, while the screening act and sealing laws remove several categories entirely.
Non-Convictions (Federal)
Arrests and other adverse items that did not end in conviction may not be reported more than seven years after they occurred.
Convictions (Federal)
The FCRA places no age limit on reported convictions. Time elapsed is one of the six statutory factors, so an older offense weighs less.
Salary Exemption (Federal)
The seven-year limit on non-convictions falls away for positions expected to pay $75,000 or more. The District’s arrest rule still applies.
Arrests (District)
Under D.C. Code § 32-1342(a), employers with 11 or more employees may not ask about arrests or non-pending accusations at any stage.
Set the lookback in your written policy by position class. Then order the same scope for every candidate in that class.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Which District of Columbia Records You May and May Not Use
Sealed, Expunged, and Set-Aside Records
The Second Chance Amendment Act, D.C. Law 24-284, rewrote the District’s sealing law at D.C. Code § 16-801 et seq. Sealing by motion under § 16-806 expanded on March 1, 2025.
Automatic sealing of non-convictions and eligible misdemeanors (§ 16-805) and automatic expungement of decriminalized offenses (§ 16-802) are scheduled by October 1, 2027 under D.C. Law 26-9. The Council has moved that date before, so confirm it with counsel.
| Record Type | Statute | Waiting Period | Key Limits |
|---|---|---|---|
| Non-conviction record | D.C. Code § 16-806 | Any time, by motion | Available since March 1, 2025 |
| Misdemeanor conviction | D.C. Code § 16-806 | 5 years after the sentence is complete | By motion; eligible offenses only |
| Felony conviction | D.C. Code § 16-806 | 8 years after the sentence is complete | Most felonies; the most serious severity groups are excluded |
| Automatic sealing | D.C. Code § 16-805 | 10 years for eligible misdemeanors; non-convictions | Scheduled by October 1, 2027 (D.C. Law 26-9) |
Sealed records may not be requested, reported, or used, and the person may deny them. Never penalize a candidate for leaving a sealed District record off an application.
Arrests and Non-Convictions
Under D.C. Code § 32-1342(a), covered employers may not ask about or require disclosure of arrests or accusations that are not pending and did not result in conviction. This rule applies at every stage, not only before the offer.
Do not order or use arrest-only records for District positions. Pending charges may be considered after the conditional offer.
Juvenile Records
Family Court juvenile records are confidential under D.C. Code § 16-2331 et seq. As a result, they are not available for private employment screening.
Marijuana Convictions
The Second Chance Act schedules automatic expungement of decriminalized simple marijuana possession records under § 16-802 by October 1, 2027. Treat them as if they never existed.
The Fair Criminal Record Screening Act: 11 or More Employees, Conditional Offer First
Yes, the District has a ban-the-box law. The Fair Criminal Record Screening Amendment Act of 2014, D.C. Code § 32-1341 et seq., covers private and District government employers alike.
Who Is Covered
Section 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 or more employees.
What Is Prohibited
Under § 32-1342, an employer may not ask about an arrest or a non-pending accusation that 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 only for a legitimate business reason that is reasonable in light of six factors. They are the specific duties of the job, the bearing of the offense on fitness, the time elapsed, the applicant’s age at the time, the frequency and seriousness of the offense, and evidence of rehabilitation.
The District sets no waiting period after the withdrawal. However, the federal FCRA pre-adverse action wait still applies when a consumer report contributed to the decision.
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 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 is paid to the complainant, and there is no private right of action.
Exemptions
The Act does not apply where a federal or District law or regulation requires consideration of criminal history for the position. It also exempts positions in 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 is exempt. The D.C. Courts are outside the Act.
Local Ordinances
The District is a single jurisdiction, so no separate local fair-chance ordinance applies. The Act above is the only District rule.
Federal Contractors
Federal contractors also follow the Fair Chance to Compete for Jobs Act of 2019, 41 U.S.C. § 4714. That law delays conviction questions until after a conditional offer for work under covered federal contracts.
What a District of Columbia Job Application May Ask
The District has no statute that lists forbidden pre-employment inquiries. Instead, federal law and the Human Rights Act decide which questions a District application may ask.
The Human Rights Act, D.C. Code § 2-1401.01 et seq., protects more than 20 traits, including credit information, family responsibilities, matriculation, political affiliation and personal appearance. So keep every application and interview question to job-related matters.
Sex, Marital Status, Religion, and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.
The EEOC treats questions about race, sex, religion, marital status, children, or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel, and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants.
Your screening company still needs the date of birth to match criminal records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health, and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims, or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin, and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status, or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”
EEO self-identification is different. Collect race, ethnicity, sex, veteran, and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
Employment Credit Reports
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 require, request, suggest or use credit information.
Section 2-1402.11(d) lists seven exceptions: where District law requires it; police and other law-enforcement positions; the Office of the Chief Financial Officer and the D.C. Retirement Board; positions requiring a security clearance under District law; District employee disclosures to ethics bodies; 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, signatory or fiduciary positions, and none for information an applicant volunteers. The Office of Human Rights may impose penalties of $1,000, $2,500 and $5,000 for successive violations under § 2-1403.13.
List the position classes that fit an exception and the exception each relies on. Order credit reports for those classes only, and follow the FCRA steps for each one.
Salary History and Pay Transparency
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.
Under § 32-1452, employers may not screen applicants on wage history or seek it from a prior employer. Under § 32-1453.01, every posting must state the minimum and maximum projected pay in good faith, and employers must disclose healthcare benefits before the first interview.
Section 32-1453.02 requires a posted notice of rights. Under § 32-1455, the Mayor may assess fines and the Attorney General may sue, with civil penalties of $1,000, $5,000 and $20,000; there is no private right of action.
Delete salary-history fields from every form and interview script. Then add the pay range and a benefits statement to every posting, including third-party job boards.
Drug and Marijuana Testing
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 became applicable on July 13, 2024.
Employers may not refuse to hire, terminate or penalize a person for cannabis use off premises and off duty, for medical-cannabis patient status, or for cannabinoid metabolites in a required drug test without additional factors indicating impairment. Employers may still act on impairment at work and may bar use and possession on premises.
The Act does not apply to positions the employer designates in writing as safety-sensitive: security services, operation of vehicles or heavy equipment, active construction sites, utility lines, hazardous materials, 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 action; there is no collective-bargaining exception.
Employers must give written notice of rights, any safety-sensitive designation, and testing protocols to each new employee at hire and annually. 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.
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.
Motor Vehicle Records
The District has no MVR statute of its own, so the federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721, governs release of DC DMV records. Obtain the driver’s written consent before you order.
Motor carriers also follow 49 C.F.R. § 391.23, which requires MVR and previous-employer inquiries. BCS Background Screening LLC pulls DC DMV records through its motor vehicle records search.
E-Verify and Form I-9
The District has no E-Verify mandate for private or District government employers. Enrollment is voluntary at e-verify.gov, except for federal contractors with the FAR clause at 48 C.F.R. 52.222-54.
Form I-9 remains mandatory for every hire under 8 C.F.R. § 274a.2. Finish Section 1 by the first day of work and Section 2 within three business days.
Social Media and Passwords
The District has not enacted a social-media password law. Requesting personal credentials remains a poor practice, because it exposes protected traits under the Human Rights Act’s long list of protected classes.
Automated and AI Hiring Tools
The Stop Discrimination by Algorithms Act remains pending in the Council and has not been 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.
Reference Checks
The District has no reference-immunity statute. Confirm dates, title and eligibility for rehire, and document the answer.
District of Columbia Industry-Specific Screening Requirements
Several District statutes require fingerprint or agency checks for specific positions. Most of these roles also fall within the screening act’s exemptions.
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. The Department of Health administers the rule. Roles paid with federal healthcare funds also need an OIG exclusion check through a FACIS® report.
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. The Office of the State Superintendent of Education and the Child and Family Services Agency administer the checks.
Public and Charter Schools
DCPS and public charter school employees and contractors with student contact clear fingerprint-based checks under the same chapter. The schools and OSSE administer them.
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 and Commercial Drivers
Taxi and rideshare drivers are checked by the Department of For-Hire Vehicles under Title 50, Chapter 3 of the D.C. Code. CDL drivers follow FMCSA rules, including the Drug and Alcohol Clearinghouse and 49 C.F.R. Part 40.
Financial Services
Banks follow Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. § 1829, and broker-dealers follow FINRA Rule 3110. Financial institutions may order credit reports only where the position involves access to personal financial information.
What Changed for District of Columbia Employers in 2026
The District’s sealing reform is now in force, with automatic sealing still ahead. In addition, three federal changes affect how District employers screen this year.
Second Chance Amendment Act: expanded sealing by motion is in force
D.C. Law 24-284 rewrote the District’s sealing 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, and most felonies after eight.
Sealed records may not be requested, reported or used, and the person may deny them. More District records will now disappear from court searches each year.
What to do: Verify every District record against the current Superior Court file before you act. Never ask a candidate about a sealed record, and remove any old copies from your files.
Source: D.C. Code § 16-806; D.C. Law 24-284. Read the law
Automatic sealing and expungement are scheduled by October 1, 2027
Under D.C. Law 26-9, automatic sealing of non-convictions and eligible misdemeanors (§ 16-805) and automatic expungement of decriminalized offenses, including simple marijuana possession (§ 16-802), are scheduled by October 1, 2027.
The Council has moved that date before. Until then, sealing by motion remains the main route.
What to do: Confirm the current date with counsel, and plan for a screening policy that treats decriminalized marijuana possession records as if they never existed.
Source: D.C. Code §§ 16-802 and 16-805; D.C. Law 26-9. Read the law
Security officer licensing moved to D.C. Code § 47-2853.208
Security officers and special police officers are now licensed under D.C. Code § 47-2853.208 and 17 DCMR ch. 21, with fingerprint checks by the MPD Security Officers Management Branch.
The former § 47-2839 licensing sections were repealed effective October 1, 2025.
What to do: Update policy citations and licensing checklists for security positions to the new section.
Source: D.C. Code § 47-2853.208; 17 DCMR ch. 21. Read the law
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws such as D.C. Code § 32-1342, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers and other DOT safety-sensitive employees for marijuana under Part 40. For every other District position, the Cannabis Employment Protections Act still bars action on a positive THC test without impairment.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025. OFCCP then rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026.
The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29. Race- and sex-based affirmative-action plan and recordkeeping duties under EO 11246 no longer apply.
What to do: Keep your Title VII, Section 503 (disability), and VEVRAA (protected veterans) nondiscrimination, affirmative-action, and recordkeeping programs. Those obligations for covered contractors remain in force.
Source: Executive Order 14173, Jan. 21, 2025; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice
District of Columbia Employment Screening Services
BCS Background Screening LLC runs FCRA-compliant searches for District employers of every size, with no setup fee and per-search pricing.
Washington, DC Criminal Search
Real-time search of D.C. Superior Court criminal records, $20 per name. Every record is reviewed for identity and disposition before release.
County Criminal Court Search
Direct research at any county courthouse, $18 plus court fees, seven-year standard scope. It confirms a database hit before it reaches a report.
SSN Trace
Included in every search package: 10-plus years of reported address history to point criminal searches at the right counties.
Nationwide Criminal Database
$17 locator search of thousands of court, corrections, and registry sources with three name variations. Every hit is verified at the source.
Federal Criminal Search
Covers the U.S. District Court for the District of Columbia for federal offenses outside Superior Court.
Motor Vehicle Records
DC DMV and state driving records for any position that drives on company business, with CDL and DOT-regulated roles supported.
FACIS® Healthcare Sanctions
OIG, SAM and state licensing sanction checks for health-care facilities and home-care agencies under D.C. Code § 44-551.
Verifications and Add-ons
Employment, education, professional license, and reference verifications, plus employment credit reports for positions that fit a § 2-1402.11(d) exception.
Access to SSN Trace functionality is restricted at initial registration. This feature cannot be accessed at initial signup until your organization’s business use case is verified.
District of Columbia Employer Compliance Checklist
- 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.
- Remove sex, marital status, religion, citizenship, and photograph questions from the application.
- Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
- Withdraw an offer only after documenting the six-factor legitimate business reason, and provide the records and 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.
- Never use sealed, expunged or juvenile records, and verify every District record against the current Superior Court file.
- Send the pre-adverse action package, wait a reasonable period, then send the final adverse-action notice.
District of Columbia Employment Screening Law FAQs
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 11 or more employees in the District. They may never ask about arrests or non-pending accusations, and may not ask about or consider convictions until after a conditional offer.
An offer 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.
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, so employers may not require, request, suggest or use it except in the seven cases listed in subsection (d).
Those cover District law requirements, law-enforcement positions, the Office of the Chief Financial Officer and Retirement Board, security clearances, ethics disclosures, financial institutions, and subpoenas or court orders. There is no exception for cash-handling positions, and the Office of Human Rights enforces the Act with penalties of $1,000, $2,500 and $5,000.
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.
It also requires the minimum and maximum projected pay in every posting, a healthcare benefits disclosure before the first interview, and 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; 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 applicable since July 13, 2024, bars adverse action for off-duty cannabis use, medical-patient status or cannabinoid metabolites without additional factors indicating impairment.
Exceptions cover positions designated in writing as safety-sensitive and actions required by federal statute, regulation, contract or funding. The Office of Human Rights and the Attorney General enforce the Act, and employees may sue.
How many years back can a DC background check go?
The District has no lookback statute, so the federal Fair Credit Reporting Act, 15 U.S.C. § 1681c, 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.
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. Sealed records may not be reported or used, and the D.C. Superior Court enters the orders.
What may a District of Columbia employer ask on a job application?
The District has no pre-employment inquiry statute, so federal law and the Human Rights Act, D.C. Code § 2-1401.01 et seq., control. Title VII, the ADEA, the ADA, and the INA bar pre-offer questions about sex, religion, age, disability, and citizenship status.
The EEOC, the Department of Justice and the D.C. Office of Human Rights enforce those rules. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application, and never ask about arrests or wage history.
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 clause at 48 C.F.R. 52.222-54, administered by U.S. Citizenship and Immigration Services.
Every employer must still complete Form I-9 under 8 C.F.R. § 274a.2, with Section 2 done within three business days of the start date.
Start Screening District of Columbia Applicants Today
BCS Background Screening LLC delivers real-time Superior Court research, FCRA-ready disclosures and notices, and a quality review team that checks every record before it reaches your report.
Every user account also includes optional Multiple Authentication Factor (MAF) for added login security.
This page provides general information about District of Columbia background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.