Washington Employment Background Checks Laws in 2025: A Comprehensive Guide
Washington’s employment background screening laws evolve rapidly. In 2025, employers must navigate strict regulations to ensure compliance. This guide covers key aspects like criminal history usage, ban-the-box laws, credit report restrictions, and AI in hiring. Let’s dive into the details.
Summary of Washington’s 2025 Employment Screening Laws
Washington’s laws aim to promote fair hiring. The Fair Chance Act, amended by HB 1747, restricts criminal history inquiries. Employers face limits on credit report usage and must adapt to ban-the-box rules. AI in background checks raises new compliance challenges. Noncompliance risks fines and lawsuits.
In 2018 Washington passed the Fair Chance Act (RCW 49.94). It bans asking applicants about criminal history before initial screening. Employers cannot advertise “no felons” or similar. Questions may appear only after a candidate is deemed otherwise qualified.
Effective July 27, 2025 HB 1747 significantly expands these rules. It delays all criminal inquiries until after a conditional job offer. It also bans blanket exclusions.
However, this law does not cover certain employers and positions. These exceptions include: (1) employers hiring for roles with unsupervised access to children, vulnerable adults, or vulnerable persons; (2) Washington law enforcement or criminal justice agencies; (3) financial institutions, national or registered securities entities, and any other employers legally permitted or required to consider criminal records; and (4) employers seeking non-employee volunteers.
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Lookback Periods for Criminal Offenses
Washington State has restrictions on how far back criminal conviction records can be used. Generally, under RCW 19.182.040, convictions older than seven years are restricted from reporting. However, this restriction often does not apply to jobs offering annual salaries of $20,000 or more. This means most professional positions are exempt from this specific lookback period.
Under the amended Fair Chance Act, employers cannot use arrest records alone. This includes pending charges. Juvenile conviction records also cannot be used. Adult conviction records can only be considered for a “legitimate business reason.” Employers must document this reason. They must also assess several factors. These include the seriousness of the offense. The time since conviction and evidence of rehabilitation are also considered. The duties of the specific job are crucial. These rules apply to both applicants and current employees.
City of Minneapolis: As of August 1, 2025, employers who hire or employ anyone whose services are to be “partially or wholly performed in the City of Minneapolis” will be prohibited from basing an employment decision on an applicant’s or employee’s justice-impacted status unless the employer can show that the decision is “reasonably based”.
Washington Further Limits Criminal Background Checks in the Workplace as of July 1, 2026: An Employer’s Guide and Compliance Action Plan – Fisher & Phillips LLP
Ban-the-Box Laws in Washington State and Municipalities
Washington’s Fair Chance Act, effective since 2018, applies statewide. It prohibits criminal history questions until an applicant is deemed qualified. HB 1747, effective July 2026 for larger employers, delays inquiries until after a conditional offer. Municipalities have additional rules.
- Seattle: Employers wait until after initial screening. A legitimate business reason is needed to deny based on criminal history.
- Spokane: Inquiries are delayed until after an interview or conditional offer. Job ads cannot exclude those with records. No inquiries about residential address or housing status during initial hiring stages.
- Tacoma: City employers conduct checks post-conditional offer, using EEOC criteria.
- Pierce County: No criminal history questions on applications. Checks occur post-offer, except for law enforcement.
- Spokane County: Similar to Spokane, with restrictions on pre-interview inquiries.
Restrictions on Employment Credit Reports
Washington State law (WFCRA) limits the use of consumer credit reports for employment. Employers may not obtain a credit report unless specific conditions are met. The information must be “substantially job related.” Also, the employer’s reasons for using it must be disclosed in writing. Furthermore, the applicant must provide written consent. This ensures transparency in hiring practices.
Employers must also provide a clear and conspicuous disclosure. This written notice informs candidates that a consumer report may be obtained. Candidates must then authorize this procurement. Additionally, negative information more than seven years old usually cannot be reported. Bankruptcies have a ten-year limit. Exceptions exist for high-salary jobs or large credit/insurance applications.
Source:
- UConn HR – Notice: Background Investigation Washington State Residents
- Washington State Attorney General – Credit Reports
Use of AI for Employment Background Checks
The use of Artificial Intelligence (AI) in employment is a growing area. Washington State is considering various AI regulations. While no specific law directly addresses AI in employment background checks, general AI guidelines apply. The state aims to ensure trustworthiness of AI systems. This includes principles of safety, security, and reliability. AI systems should minimize harm and be controllable by humans.
Proposed legislation (e.g., HB283 in 2025) authorizes greater consumer control over personal data. This allows consumers to confirm, correct, and delete personal data. It also regulates how controllers process data. Employers using AI in background checks must consider data privacy. They should also evaluate potential biases in AI algorithms. Transparency and accountability remain critical. Employers using AI must ensure accuracy and fairness.
Source:
- Washington Technology Solutions – Interim Guidelines for Purposeful and Responsible Use of Generative AI
- Bryan Cave Leighton Paisner LLP – USA State-by-State AI Legislation Snapshot
Conclusion
Washington State’s employment background screening laws are evolving. The amended Fair Chance Act is a significant update. It requires employers to delay criminal history inquiries. These inquiries can only occur after a conditional job offer. Moreover, employers must demonstrate a “legitimate business reason” for considering convictions. Restrictions on credit reports remain in place. They require job relevance and consent. The use of AI in hiring is also under scrutiny. Employers should carefully review all new laws. This proactive approach helps avoid costly litigation. Ultimately, it ensures fair hiring practices for all.
Quick Reference
- Criminal History Lookback: 10 years for convictions, job-related only.
- Ban-the-Box Key Rule: No inquiries until after conditional offer (2026).
- Credit Reports: Job-related or legally required only.
- AI Checks: Must avoid bias, comply with EEOC guidelines.
- Penalties: Up to $15,000 per violation under HB 1747.