Washington Background Check Laws for Employers (2026)
Washington background check laws changed on July 1, 2026. Now, employers with 15 or more workers must wait for a conditional offer before any criminal history check.
This guide explains each statute, the agency behind it, the application questions you may ask, and the steps that keep your hiring compliant.
Washington Background Check Laws at a Glance
Washington layers several state laws on top of the federal Fair Credit Reporting Act (FCRA). First, the Washington Fair Chance Act controls when and how you may ask about criminal history.
Second, the Washington Fair Credit Reporting Act sets its own disclosure, credit and lookback rules. In addition, separate statutes cover driving records, cannabis testing, social media, salary history and application questions.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | 15 U.S.C. § 1681; RCW 19.182 | Disclosure, authorization, pre-adverse and adverse action notices, plus state credit and lookback limits | FTC and CFPB; Attorney General through the Consumer Protection Act (RCW 19.86) |
| State criminal records | RCW 10.97 | Public release of conviction data through the WATCH system | Washington State Patrol |
| Fair chance / ban the box | RCW 49.94 | Conditional offer before any criminal history inquiry, job ad limits, legitimate business reason test and written notices | Washington State Attorney General’s Office |
| Sealed and vacated records | RCW 9.94A.640; RCW 9.96.060; RCW 13.50.260 | Vacated convictions and sealed juvenile records may be denied on applications | Washington superior and juvenile courts |
| Lookback | RCW 19.182.040 | Seven-year limit on adult records unless the job pays $20,000 or more; juvenile records barred after age 21 | Attorney General through the Consumer Protection Act |
| Credit reports | RCW 19.182.020(2)(c) | Credit information only when substantially job-related and disclosed in writing, or required by law | Attorney General through the Consumer Protection Act |
| Salary history and pay transparency | RCW 49.58.100; RCW 49.58.110 | Bans pay history requests; requires pay ranges in postings at 15 or more employees | Department of Labor & Industries |
| Drug and marijuana testing | RCW 49.44.240 | Bars initial hiring decisions based on off-duty cannabis use or nonpsychoactive metabolite tests | Not agency-administered |
| Application questions | RCW 49.60.180(4); WAC 162-12-140 | Bars discriminatory application questions at eight or more employees; lists fair and unfair pre-employment inquiries | Washington State Human Rights Commission |
| E-Verify and I-9 inspections | 2SHB 2105 (2026 c 240) | No E-Verify mandate; worker notices within five business days of a federal I-9 inspection | Attorney General, plus a private right of action for workers |
| Social media | RCW 49.44.200 | Bars requests for personal account logins | Not agency-administered |
| Driving records | RCW 46.52.130 | Employer access, signed consent and use of driving record abstracts | Washington State Department of Licensing |
| Care for children and vulnerable adults | RCW 43.43.832 | Authorizes WSP background checks for care roles | Washington State Patrol |
| School employees | RCW 28A.400.303 | WSP and FBI fingerprint checks for staff with unsupervised access to children | Washington State Patrol; school districts |
| Immigration status coercion | SSB 5104 (2025 c 236) | Bars threats relating to an employee’s or family member’s immigration status | Department of Labor & Industries |
| AI hiring tools | No Washington statute | HB 1672 and HB 2144 did not pass in 2025 or 2026 | Not applicable |
How the FCRA Applies to Washington Employers
The federal Fair Credit Reporting Act applies whenever you use a background screening company. On top of that, the Washington Fair Credit Reporting Act, RCW 19.182.020, adds state-specific duties.
Under RCW 19.182.020, your pre-adverse notice must also list the agency’s name, address and phone number. It must also describe the applicant’s state rights and give a reasonable chance to dispute the report.
Clear Disclosure
Give a clear, stand-alone written notice that you may obtain a consumer report. No liability waivers or extra terms belong on the form.
Written Authorization
Get the applicant’s written permission before you order the report. Electronic signatures are acceptable.
Pre-Adverse Action
Send the report copy, the CFPB summary of rights, and the Fair Chance Act notice. Then wait a reasonable time; five business days is the accepted benchmark.
Adverse Action Notice
Issue a final notice with the screening company’s contact details and the applicant’s dispute rights, including a free copy within 60 days.
The joint FTC and EEOC guide for employers explains the federal side in plain terms.
Washington Criminal Records: WATCH and Court Searches
The Washington State Patrol releases conviction data under the Criminal Records Privacy Act, RCW 10.97. Its WATCH online system returns name-based conviction results for an $11 fee.
According to the WSP criminal history page, it also shows arrests under one year old with pending dispositions. By contrast, dismissals and older non-conviction data stay restricted.
WATCH only holds records reported to the State Patrol, so some court cases may not appear. For that reason, pair a statewide search with county court searches where the applicant lived or worked.
Remember that the Fair Chance Act sets the timing. Covered employers order any criminal search only after a conditional offer.
How Far Back Does a Washington Background Check Go?
Washington sets its lookback limit in RCW 19.182.040, part of the state FCRA. Consumer reporting agencies may not report adult arrests or convictions older than seven years from disposition, release or parole.
However, that seven-year cap lifts for jobs paying $20,000 or more per year. Since the 2026 state minimum wage is $17.13 per hour, most full-time jobs clear that threshold.
Adult Criminal Records (State)
RCW 19.182.040(1)(e) bars reporting adult arrests, indictments or convictions older than seven years from disposition, release or parole.
Salary Exemption (State)
Under RCW 19.182.040(2)(c), the seven-year limit no longer applies to jobs expected to pay $20,000 or more a year.
Juvenile Records (State)
Below $20,000 in pay, screening companies may not report juvenile records once the subject is 21 or older under RCW 19.182.040(1)(f).
Arrest Inquiries (WAC)
WAC 162-12-140 treats arrest questions as fair only for job-related conduct and arrests within the past ten years.
Even so, the federal FCRA still bars non-conviction records older than seven years. That federal limit only lifts for jobs paying $75,000 or more, and convictions have no federal time limit.
The ban on reporting medical debt, by contrast, applies at every salary level.
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.
Washington Records Employers May Not Use
Vacated and sealed records
Vacated felony convictions under RCW 9.94A.640 let a person state, including on employment applications, that they were never convicted. The same applies to vacated misdemeanor convictions under RCW 9.96.060.
Similarly, sealed juvenile cases under RCW 13.50.260 are treated as if they never occurred. The person may answer accordingly.
Washington has no automatic clean-slate sealing law. Instead, a person must ask the court to vacate a conviction by motion.
Arrests and non-convictions
Under RCW 49.94.010(4), covered employers may not take a tangible adverse employment action based on an arrest record. That means an arrest or pending charge without a conviction or adverse finding.
The only exception is an adult arrest where the person is out on bail or released on personal recognizance pending trial. This rule applies to employers with 15 or more employees from July 1, 2026, and to all employers from January 1, 2027.
Separately, the Human Rights Commission’s WAC 162-12-140 governs arrest questions. An arrest inquiry is fair only if it asks whether charges are pending, dismissed or resulted in conviction of job-related conduct within the past ten years.
Juvenile records
Two different rules apply. First, screening companies may not report juvenile records once the subject is 21 or older under RCW 19.182.040(1)(f), unless the job pays $20,000 or more.
Second, employers covered by the amended Fair Chance Act may not take adverse action based on a juvenile conviction record at all under RCW 49.94.010(4). The reporting limit and the use limit are separate.
Washington has no statute on marijuana convictions. However, RCW 49.44.240 bars initial hiring decisions based on off-duty cannabis use, and the Fair Chance Act factors still apply to any adult conviction.
The Washington Fair Chance Act (RCW 49.94)
The Washington Fair Chance Act is the state’s ban-the-box law. It has covered all employers, public and private, of any size since June 7, 2018.
House Bill 1747 (2025 c 71) amended the Act, and the Governor signed it on April 21, 2025. The amendments apply to employers with 15 or more employees from July 1, 2026, and to all employers from January 1, 2027.
Under the amended law, you may not ask about, run a check for, or otherwise obtain criminal history until you decide the applicant is otherwise qualified and make a conditional offer. Likewise, job ads cannot say “no felons” or categorically exclude people with records.
Until January 1, 2027, employers with fewer than 15 employees follow the 2018 rule. They may not ask about criminal history before initially determining the applicant is otherwise qualified, but no conditional offer is required.
Also, if you say a job requires a background check, immediately give written notice of the Act’s requirements. The same duty applies when an applicant volunteers record information, and the notice must include the Attorney General’s Fair Chance Act guide under RCW 49.94.010(8).
What employers may not consider
- Arrest records, except an adult arrest while the person is out on bail or personal recognizance pending trial
- Juvenile conviction records
- Adult convictions, unless you have a documented legitimate business reason
The legitimate business reason test
Before you reject someone for an adult conviction, RCW 49.94.005(6) requires a good-faith belief that the conduct will impair job fitness or harm people, property, reputation or assets. You must consider and document six factors.
- Seriousness of the underlying conduct
- Number and types of convictions
- Time since the conviction, not counting time in custody
- Verifiable rehabilitation, good conduct, work history, education and training
- Specific duties of the job
- Where and how the work is performed
Notice and the two-business-day hold
Next, tell the applicant which record you are reviewing. Then hold the job open for at least two business days so they can correct or explain it or supply rehabilitation information.
Finally, send a written decision that explains your reasoning and your assessment of each factor under RCW 49.94.010(5). In practice, many employers use five business days, since that also satisfies FCRA pre-adverse action timing.
For a deeper legal analysis, read the K&L Gates summary of the 2026 amendments.
Exemptions and enforcement
Some roles fall outside the Fair Chance Act. For example, jobs with unsupervised access to children or vulnerable adults are exempt, along with law enforcement and criminal justice agencies.
Employers that law permits or requires to consider records, such as financial institutions, are also exempt. So are nonemployee volunteers, members of securities self-regulatory organizations, and federal contract positions that bar people with records.
The Washington Attorney General’s Office enforces the Act; there is no private right of action. Penalties under RCW 49.94.030 reach $1,500 for a first violation (waivable), $3,000 for a second, and $15,000 for each further violation per aggrieved person.
However, until January 1, 2027, employers with fewer than 15 employees face the 2018 ladder: a notice, then $750, then $1,000. See the What Changed section for action steps.
Seattle Fair Chance Employment Ordinance (SMC ch. 14.17)
Seattle’s Fair Chance Employment Ordinance, in force since November 1, 2013, covers employers with one or more employees working in Seattle. You may not ask about criminal history or run a check until after an initial screening to eliminate unqualified applicants.
Employers may not advertise categorical exclusions or take adverse action based solely on an arrest record. They may ask about the conduct behind an arrest and may consider pending charges where there is a legitimate business reason.
Adverse action on a conviction or conduct requires a legitimate business reason weighing seriousness, time elapsed, number of convictions, rehabilitation, job duties, and where and how the work is performed. You must identify the record, give a reasonable chance to explain or correct it, and hold the position open at least two business days.
Exempt: law enforcement, security and criminal justice positions, and jobs with unsupervised access to children under 16, developmentally disabled persons, or vulnerable adults. The Seattle Office of Labor Standards enforces it, and the state conditional-offer rule applies too.
Spokane Fair Chance Hiring (SMC ch. 09.02)
Spokane’s Fair Chance Hiring chapter (Ordinance C35564, effective June 14, 2018) covers employers with one or more employees. Applications may not include arrest or conviction questions.
Employers may not obtain criminal record information before an in-person, telephone or video interview or a conditional offer. Ads may not exclude people with records, although they may say a background check will be required during or after the interview.
Ordinance C36666, passed April 21, 2025 and effective May 25, 2025, also bars rejecting an applicant over housing status or lack of a fixed address. Exempt: jobs with unsupervised access to children under 18 or vulnerable adults, general-authority law enforcement agencies, and positions where state or federal law requires a criminal history inquiry.
When a city rule and the state rule differ, follow whichever gives the applicant more protection. The stricter state rule now pushes checks past the conditional offer for covered employers.
What a Washington Job Application May Ask
Washington regulates the application form itself. Under RCW 49.60.180(4), an employer with eight or more employees commits an unfair practice by using any application, or making any pre-employment inquiry, that expresses a limitation or discrimination as to protected status.
The listed characteristics are age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, and sensory, mental or physical disability. The Human Rights Commission’s rule, WAC 162-12-140, lists the fair and unfair pre-employment inquiries.
That rule also makes it unfair to request a photograph, mandatorily or optionally, at any time before hiring. Exceptions: a bona fide occupational qualification, a photograph after hiring for identification, and age verification where RCW 49.44.090 permits.
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, and WAC 162-12-140 agrees.
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
Washington limits employment credit checks under RCW 19.182.020(2)(c). Specifically, you may not obtain a consumer report with credit information unless it is substantially job-related and you disclose the reasons in writing.
Alternatively, you may run one when another law requires it, such as for certain bank roles. Violations count as unfair practices under the Consumer Protection Act, per RCW 19.182.150, and willful violations can add a $1,000 penalty plus attorney fees.
Salary history and pay transparency
RCW 49.58.100 (effective July 28, 2019) bans asking applicants or past employers for pay history. You may confirm pay only if the applicant volunteers it or after an offer with compensation. Therefore, remove salary questions from verification requests.
Under RCW 49.58.110, employers with 15 or more employees must include the wage scale or salary range and a general description of benefits in every posting. SB 5408 (2025 c 383, effective July 27, 2025) gives you five business days to correct a posting after written notice; that cure period expires July 27, 2027.
Remedies are statutory damages of $100 to $5,000 per violation, or actual damages. Civil penalties add up to $500 for a first violation and $1,000 for repeat violations.
Drug and marijuana testing
Since January 1, 2024, RCW 49.44.240 bars initial hiring decisions based on off-duty cannabis use away from the workplace. It also bars decisions based on a test that finds nonpsychoactive cannabis metabolites.
You may still rely on scientifically valid tests that do not screen for nonpsychoactive metabolites. The rule covers initial hiring only, not post-hire testing, and Washington gives no separate protection to medical cannabis patients.
Exempt roles include positions needing a federal background investigation or security clearance, law enforcement, fire departments, other first responders including 911 dispatchers, corrections and custody roles, and the airline and aerospace industries. Safety-sensitive positions where impairment presents a substantial risk of death are exempt if you identify them before the person applies.
Federal and state laws requiring controlled-substance testing are not preempted. DOT-regulated drivers still face Part 40 marijuana testing.
Motor vehicle records
The Department of Licensing controls driving records under RCW 46.52.130. Before release, the applicant must sign an authorization, and the employer must attest that the job involves driving.
Employers may request a full record or a three-year insurance record, as the Department of Licensing explains. Importantly, only the three-year version may go to your insurance carrier.
Misuse is a crime. A negligent violation is a gross misdemeanor, and an intentional violation is a class C felony. Order a Motor Vehicle Record through BCS Background Screening LLC.
E-Verify and Form I-9
Washington has no E-Verify mandate for private or public employers. Federal law makes E-Verify voluntary except for federal contractors with the FAR E-Verify clause, and every employer must still complete Form I-9 for each new hire.
However, 2SHB 2105 (2026 c 240) added I-9 inspection notice duties on October 1, 2026. Every employer must post and deliver a worker notice within five business days of a federal I-9 inspection notice.
Then, within five business days of written results, tell affected workers the deficiencies, correction timeline and their representation rights. Notices must appear in English and the five most common non-English languages, retaliation is prohibited, and the Attorney General may recover $500 per violation.
Separately, SSB 5104 (2025 c 236) has barred immigration-related coercion since July 1, 2025. The Department of Labor & Industries enforces it, with penalties of up to $1,000, $5,000 and $10,000 per violation.
Social media and passwords
RCW 49.44.200 stops employers from demanding personal account logins. You also cannot make applicants open accounts in front of you.
Automated and AI hiring tools
No Washington statute regulates employer use of AI or automated decision tools in hiring as of September 2026. HB 1672 (workplace technology) and HB 2144 (electronic monitoring notice) did not pass in the 2025 or 2026 sessions, so Title VII and the ADA remain the governing rules.
Washington Industry Background Check Requirements
Care for children and vulnerable adults
RCW 43.43.832 authorizes WSP checks for care roles. These positions sit outside the Fair Chance Act, so you may ask about records before an offer.
School employees
RCW 28A.400.303 requires WSP and FBI fingerprint checks. It covers staff with unsupervised access to children.
Commercial drivers
CDL roles fall under 49 C.F.R. Parts 40 and 382: pre-employment DOT drug tests including marijuana, Clearinghouse queries, and MVR review. Federal rules override RCW 49.44.240 for these positions.
Financial institutions
Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. § 1829, bars hiring people convicted of dishonesty or breach of trust without FDIC consent. These employers are exempt from the Fair Chance Act where law requires the check.
Healthcare and long-term care
Roles paid with federal healthcare funds require HHS-OIG exclusion list and SAM.gov checks before hire and monthly under 42 U.S.C. § 1320a-7. A FACIS® search covers these sanctions.
Law enforcement and federal contracts
Law enforcement and criminal justice agencies are exempt from the Fair Chance Act and from RCW 49.44.240. Federal contractors must follow the Fair Chance to Compete for Jobs Act, 41 U.S.C. § 4714, which also delays criminal history questions until a conditional offer.
What Changed for Washington Employers in 2026
Washington changed its Fair Chance Act, its immigration worker protections, and its pay transparency law in 2025 and 2026. Three federal changes also affect how Washington employers screen this year.
Fair Chance Act amendments: conditional offer before any criminal history check
House Bill 1747 (2025 c 71) amended RCW 49.94. From July 1, 2026, employers with 15 or more employees may not ask about, run a check for, or otherwise obtain criminal history until they make an offer conditioned on the record check.
Covered employers may not take adverse action on an arrest record or a juvenile record. Rejecting someone for an adult conviction requires a documented legitimate business reason, a notice identifying the record, a two-business-day hold, and a written decision.
Penalties rose to $1,500 (first violation, waivable), $3,000 (second) and $15,000 (each subsequent) per aggrieved person. All employers, regardless of size, follow the amended rules from January 1, 2027.
What to do: Move every criminal history question and search order past the conditional offer. Update your pre-decision notice, adopt the six-factor assessment form, and calendar January 1, 2027 if you have fewer than 15 employees.
Source: RCW 49.94, as amended by HB 1747 (2025 c 71). Read the bill history
I-9 inspection notices under the Immigrant Worker Protections act
2SHB 2105 (2026 c 240) took effect on October 1, 2026. Within five business days of a federal notice of I-9 inspection, every employer must post and deliver a worker notice naming the agency, the date received, the records sought and an immigrant-rights organization contact.
Within five business days of written inspection results, the employer must notify affected workers of the deficiencies, the correction timeline and their right to representation. Notices must be in English and the five most common non-English languages.
Retaliation is prohibited. The Attorney General may recover $500 per violation, doubled if willful, and workers have a private right of action. The act does not restrict E-Verify compliance.
What to do: Prepare template notices in the six required languages now, and assign one person to track the five-business-day deadlines.
Source: 2SHB 2105 (2026 c 240), sections 4-10. Read the law
Pay transparency cure period and new penalties under SB 5408
SB 5408 (2025 c 383) amended RCW 49.58.110 effective July 27, 2025. An employer that receives written notice of a noncompliant posting now has five business days to correct it before liability attaches.
That cure period expires July 27, 2027. Remedies are statutory damages of $100 to $5,000 per violation, or actual damages, plus civil penalties of up to $500 for a first violation and $1,000 for repeat violations.
What to do: Audit every posting for the wage scale or salary range and a general description of benefits, and set up a process to fix a flagged posting within five business days.
Source: RCW 49.58.110, as amended by SB 5408 (2025 c 383). Read the law
Immigration status coercion banned under SSB 5104
SSB 5104 (2025 c 236) took effect on July 1, 2025. Employers may not coerce employees with threats relating to their or a family member’s immigration status.
The Department of Labor & Industries enforces it, with penalties of up to $1,000, $5,000 and $10,000 per violation.
What to do: Train supervisors that immigration status is never a lever in a workplace dispute, and keep Form I-9 reverification to the federal schedule only.
Source: SSB 5104 (2025 c 236). Read the bill history
Spokane adds housing status to its Fair Chance Hiring chapter
Ordinance C36666, passed April 21, 2025 and effective May 25, 2025, amended Spokane Municipal Code ch. 09.02. Employers may not reject an applicant because of housing status or lack of a fixed address.
The chapter still bars arrest and conviction questions on applications and criminal record checks before an interview or conditional offer.
What to do: Remove any fixed-address requirement from Spokane applications, and keep criminal history questions off the form entirely.
Source: Spokane Mun. Code ch. 09.02, Ordinance C36666. Read the ordinance
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 RCW 49.94, 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 safety-sensitive employees for marijuana under Part 40. For other roles, follow RCW 49.44.240 and avoid nonpsychoactive metabolite tests in initial hiring.
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 rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026, and the FAR overhaul removed subpart 22.8 and clauses 52.222-21 through 52.222-29.
Race- and sex-based affirmative-action plan and related recordkeeping duties under EO 11246 no longer apply. However, Title VII, Section 503 of the Rehabilitation Act and VEVRAA nondiscrimination, affirmative-action and recordkeeping obligations for covered contractors remain.
What to do: Keep Section 503 and VEVRAA self-identification forms and plans in place, and follow the Fair Chance to Compete for Jobs Act timing on federal contract positions.
Source: Executive Order 14173; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice
Washington Employment Screening Services
BCS Background Screening LLC delivers FCRA-compliant searches for Washington employers of every size. Order each search after the conditional offer to stay inside the Fair Chance Act.
Washington Statewide Criminal Search
Search statewide conviction data for your Washington applicants.
County Criminal Court Search
Researchers check county court records directly for current case details. Price: $18 plus court fees.
SSN Trace
Locate past addresses to decide which counties to search.
Nationwide Criminal Database
Spot leads across jurisdictions, then verify each hit at the source.
Federal Criminal Search
Find federal cases that state and county searches miss.
Motor Vehicle Records
Review licenses, violations and suspensions for driving roles.
Verifications and Add-ons
Employment and education verifications, FACIS® healthcare sanctions, and other add-ons for a complete package.
Washington Employer Compliance Checklist
- Remove criminal history questions from applications and first interviews.
- Delete “no felons” or similar language from every job ad.
- Make a conditional offer before you order any criminal search.
- Strip age, sex, marital status, citizenship and photograph requests from the application under RCW 49.60.180(4).
- Collect the date of birth on the FCRA authorization form after the conditional offer, never on the application.
- Give a stand-alone FCRA disclosure and get written authorization.
- Document the six legitimate business reason factors for each conviction.
- Hold the job open at least two business days after the pre-decision notice, then send a written decision plus the FCRA adverse action notice.
- Limit credit checks to substantially job-related roles and explain why in writing.
- Collect signed driving record consent and the employer attestation.
- Drop salary history and social media login requests, and avoid nonpsychoactive cannabis metabolite tests in initial hiring.
Washington Employment Screening Law FAQs
What laws govern employment background checks in Washington?
Four main laws apply. The Fair Chance Act, RCW 49.94, controls criminal history inquiries, and the Attorney General enforces it.
The Washington Fair Credit Reporting Act, RCW 19.182, mirrors the federal FCRA and adds credit and lookback limits. Also, RCW 46.52.130 covers driving records through the Department of Licensing, and RCW 49.60.180(4) limits application questions under the Human Rights Commission.
Does Washington have a ban-the-box law?
Yes, the Washington Fair Chance Act, RCW 49.94, is the statewide ban-the-box law. Since July 1, 2026, employers with 15 or more workers must wait for a conditional offer.
Smaller employers follow the same rule from January 1, 2027. The Washington State Attorney General’s Office enforces it, and Seattle and Spokane add local ordinances.
What changed for Washington employers on July 1, 2026?
HB 1747 (2025 c 71) amended the Fair Chance Act. Employers with 15 or more employees may no longer ask about or check criminal history until a conditional offer.
They also may not act on arrest or juvenile records, and penalties rose to $1,500, $3,000 and $15,000 per aggrieved person. The Attorney General enforces the amended RCW 49.94, which reaches all employers on January 1, 2027.
How far back can a background check go in Washington?
RCW 19.182.040 bars reporting adult criminal records older than seven years from disposition, release or parole. However, the limit does not apply to jobs paying $20,000 or more a year.
Below that pay level, juvenile records also cannot be reported once the subject turns 21. In addition, the federal FCRA keeps non-conviction records under seven years unless the job pays $75,000 or more; the Attorney General enforces the state rule through the Consumer Protection Act.
Can Washington employers consider arrest records?
Generally, no. RCW 49.94.010(4) bars adverse action based on an arrest record, and the Attorney General enforces it.
The one exception is an adult arrest while the person is out on bail or personal recognizance pending trial. WAC 162-12-140, from the Human Rights Commission, also limits arrest questions to job-related conduct within the past ten years.
Can employers run credit checks on applicants in Washington?
Only in limited cases. RCW 19.182.020(2)(c) allows credit information only when it is substantially job-related and you disclose the reasons in writing.
Otherwise, you may run one only when another law requires it. The Attorney General enforces violations as unfair practices under the Consumer Protection Act.
What may a Washington employer ask on a job application?
Under RCW 49.60.180(4), employers with eight or more employees may not use an application that expresses a limitation as to age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship, military status or disability. WAC 162-12-140 also bars requesting a photograph before hire.
The Human Rights Commission administers the rule. Federal law adds the ADEA, ADA, GINA and INA limits, so collect the date of birth on the FCRA authorization after the conditional offer.
Can employers check an applicant’s driving record in Washington?
Yes, when the job involves driving. RCW 46.52.130 requires a release signed by the applicant plus an employer attestation.
The Department of Licensing issues the abstract. Misuse can be a gross misdemeanor or even a class C felony.
What must an employer do before rejecting an applicant for a conviction?
First, identify the specific record and hold the job open for at least two business days. Next, document a legitimate business reason using the six RCW 49.94.005(6) factors.
Then send a written decision under RCW 49.94.010(5) and the FCRA adverse action notice. Many employers wait five business days to satisfy both laws at once, and the Attorney General enforces the state rule.
Start Screening Washington Applicants Today
BCS Background Screening LLC helps you order compliant Washington statewide, county, federal and driving record searches after the conditional offer. Open an account today and order your first search in minutes.
Every user account also includes optional Multiple Authentication Factor (MAF) for added login security.
This page provides general information about Washington background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.