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, and the steps that keep your hiring compliant.
Washington Employment Screening Laws in Brief
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 and salary history.
Because the Fair Chance Act amendments started on July 1, 2026, older hiring policies may no longer comply.
What changed on July 1, 2026
House Bill 1747 amended the Fair Chance Act, and the Governor signed it on April 21, 2025.
Employers with 15 or more employees must now wait until after a conditional job offer to check criminal history.
Meanwhile, employers with fewer than 15 employees follow the same rule starting January 1, 2027.
Until then, they may not ask about criminal history before initially determining the applicant is otherwise qualified.
You can review the HB 1747 bill history on the Washington Legislature site.
Washington Background Check Statutes and Agencies
This table lists each Washington law, what it controls, and the agency that administers it.
| Law | What it controls | Who administers it |
|---|---|---|
| Fair Chance Act RCW 49.94 | Timing of criminal history inquiries, job ads, individualized assessment and written notices | Washington State Attorney General’s Office |
| Washington Fair Credit Reporting Act RCW 19.182 | Disclosure, credit report limits, adverse action and seven-year reporting limits | Attorney General, through the Consumer Protection Act (RCW 19.86) |
| Arrest and conviction inquiry rule WAC 162-12-140 | Ten-year window for job-related arrest and conviction questions | Washington State Human Rights Commission |
| Criminal Records Privacy Act RCW 10.97 | Public release of conviction data through WATCH | Washington State Patrol |
| Driving record abstracts RCW 46.52.130 | Employer access, signed consent and use of driving records | Washington State Department of Licensing |
| Salary history ban RCW 49.58.100 | Requests for an applicant’s wage or salary history | Department of Labor & Industries |
| Immigrant Worker Protections 2SHB 2105 (2026 c 240) | Worker notices within five business days of a federal I-9 inspection | Attorney General, plus a private right of action for workers |
| Federal FCRA 15 U.S.C. § 1681 | Disclosure, authorization and adverse action nationwide | FTC and CFPB |
The Washington Fair Chance Act (RCW 49.94)
The Washington Fair Chance Act is the state’s ban-the-box law.
It covers public agencies, private businesses, staffing firms, contractors and apprenticeship programs.
Under the amended law, you may not ask about criminal records until you make a conditional offer.
Likewise, job ads cannot say “no felons” or exclude people with records.
Automatic, blanket disqualifications are also banned unless another law requires them.
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.
That 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 a pending charge while the person is out on bail or recognizance
- Juvenile convictions and adjudications
- Adult convictions, unless you have a documented legitimate business reason
The legitimate business reason test
Before you reject someone for an adult conviction, you must 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 respond.
Finally, send a written decision that explains your reasons and the factors you weighed.
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
Some roles fall outside the Fair Chance Act.
For example, jobs with unsupervised access to children or vulnerable adults are exempt.
Similarly, employers that federal or state law requires to screen, such as financial institutions and police agencies, are exempt.
Volunteers and certain federal contract positions are also excluded.
Seattle and Spokane Fair Chance Ordinances
Seattle (SMC 14.17)
Seattle’s Fair Chance Employment Ordinance covers jobs performed within city limits.
It also requires a legitimate business reason and a chance to explain.
The Seattle Office of Labor Standards enforces it.
Spokane (SMC 09.02)
Spokane’s Fair Chance Hiring chapter bars job ads that exclude people with records.
It allows questions during or after an interview.
However, the stricter state rule now pushes checks past the conditional offer.
In addition, since May 25, 2025, it bars rejecting applicants over housing status or lack of a fixed address.
When a city rule and the state rule differ, follow whichever gives the applicant more protection.
FCRA and Washington FCRA: Four Required Steps
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.
Disclose
Give a clear, stand-alone written notice that you may obtain a consumer report.
Authorize
Get the applicant’s written permission before you order the report.
Pre-adverse action
Send the report copy, a summary of rights, and the Fair Chance Act notice.
Adverse action
Issue a final notice with agency contact details and dispute rights.
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.
The joint FTC and EEOC guide for employers explains the federal side in plain terms.
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.
Federal limits still apply
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.
Convictions, by contrast, have no federal time limit.
Records that stay off limits
Notably, the juvenile record bar also lifts for jobs paying $20,000 or more per year, under RCW 19.182.040(2)(c).
However, employers covered by the amended Fair Chance Act may not take adverse action on a juvenile conviction record.
The ban on reporting medical debt, by contrast, applies at every salary level.
Also, the WAC 162-12-140 rule treats job-related conviction questions as justified only within ten years.
Vacated convictions under RCW 9.94A.640 let a person state 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.
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.
Washington Credit Check Restrictions for Employers
Washington limits employment credit checks under RCW 19.182.020.
Specifically, you may not use credit information unless it is substantially job related.
You must also explain your reason to the applicant 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.
As a result, willful violations can add a $1,000 penalty plus attorney fees.
Washington Driving Record Checks (RCW 46.52.130)
The Department of Licensing controls driving records under RCW 46.52.130.
Before release, the applicant must sign an authorization.
At the same time, 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.
Other Washington Laws That Affect Screening
Cannabis testing
RCW 49.44.240 bars hiring decisions based on off-duty cannabis use or inactive metabolites.
Safety-sensitive, aerospace and public-safety roles are exempt.
Social media privacy
RCW 49.44.200 stops employers from demanding personal account logins.
You also cannot make applicants open accounts in front of you.
Salary history ban
RCW 49.58.100 bans asking applicants or past employers for pay history.
Therefore, remove salary questions from verification requests.
Care for children and vulnerable adults
RCW 43.43.832 authorizes WSP checks for care roles.
These positions sit outside the Fair Chance Act.
School employees
RCW 28A.400.303 requires WSP and FBI fingerprint checks.
It covers staff with unsupervised access to children.
Anti-discrimination
The EEOC’s arrest and conviction guidance still shapes Title VII risk.
Consequently, keep assessments individualized and documented.
Pay transparency in job postings
Under RCW 49.58.110, employers with 15 or more employees must show pay in every job posting.
Specifically, each posting needs the wage scale or salary range and a general description of benefits.
Until July 27, 2027, you have five business days to correct a posting after written notice.
Otherwise, statutory damages run from $100 to $5,000 per violation, plus civil penalties.
I-9 inspection notices
Washington has no E-Verify mandate, but 2SHB 2105 (2026 c 240) added I-9 inspection notice duties on October 1, 2026.
Now, 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, and retaliation is prohibited.
The Attorney General may recover $500 per violation, and workers have a private right of action.
Immigration status coercion
SSB 5104 (2025 c 236) has barred immigration-related coercion since July 1, 2025.
Specifically, you may not coerce employees with threats about 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.
Washington Employment Screening Services
BCS Background Screening LLC delivers FCRA-compliant searches for Washington employers of every size.
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.
Federal Criminal Search
Find federal cases that state and county searches miss.
Motor Vehicle Records
Review licenses, violations and suspensions for driving roles.
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.
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.
- 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.
- 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.
Washington Background Check Laws: Employer 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.
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.
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.
Can Washington employers consider arrest records?
Generally, no.
The Fair Chance Act bars adverse action based on an arrest record alone.
The one exception is a pending charge while the person is out on bail or recognizance.
WAC 162-12-140, from the Human Rights Commission, also limits arrest questions to recent, job-related cases.
Can employers run credit checks on applicants in Washington?
Only in limited cases.
RCW 19.182.020 allows credit information only when it is substantially job related.
You must also disclose your reason to the applicant in writing.
Otherwise, you may run one only when another law requires it.
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 factors.
Then send a written decision and the FCRA adverse action notice.
Many employers wait five business days to satisfy both laws at once.
What are the penalties for violating Washington background check laws?
Under RCW 49.94, penalties run $1,500, then $3,000, then up to $15,000 per violation.
Under RCW 19.182.150, state FCRA violations fall under the Consumer Protection Act.
Willful violations can add a $1,000 penalty and attorney fees.
Driving record misuse under RCW 46.52.130 can also bring criminal charges.
Screen Washington Applicants With Confidence
BCS Background Screening LLC helps you order compliant searches after the conditional offer.
Plus, every user account includes optional Multiple Authentication Factor (MAF) security.
Our quality review team works 24/7/365
Disclaimer: This page provides general information, not legal advice. Laws change often, so consult an employment attorney about your specific hiring practices. Last reviewed October 2026.