Washington Expands Fair Chance Act Background Check Rules by July 2026
Washington bars criminal history questions until after conditional job offers starting July 2026.
Why it matters: Employers with 15+ staff and smaller firms must update hiring policies or face fines up to $15,000 per violation per candidate. Legal and HR teams need to ensure strict compliance to avoid penalties.
- Amended Fair Chance Act (RCW 49.94) effective July 1, 2026 for employers with 15+ employees; applies to smaller employers January 1, 2027.
- Employers cannot inquire about criminal history before a conditional job offer, which is an offer contingent on background check completion.
- Employers must give written notice and provide the Washington Attorney General's Fair Chance Act Guide when disclosing background check requirements or when applicants volunteer criminal history.
- Penalties for violations start at $1,500 for first, $3,000 for second, and $15,000 for subsequent violations per applicant affected.
Washington State’s Fair Chance Act amendments, enacted through House Bill 1747, expand hiring rules for employers. The updated RCW 49.94 prohibits employers with 15 or more employees from asking about an applicant’s criminal record until after extending a conditional job offer—meaning the offer is subject to passing a background check. This change takes effect July 1, 2026; smaller employers have until January 1, 2027.
Employers must also provide a written notice about these Fair Chance Act provisions whenever they require a background check or when the applicant voluntarily discloses criminal history. This includes sharing the Washington Attorney General’s Fair Chance Act Guide, which explains employer and applicant rights and obligations under the law.
Legal practitioners Rod M. Fliegel, Chad J. Kaldor, and William J. Simmons, attorneys specializing in employment law, emphasize the importance of these notices to avoid legal violations and associated penalties.
The penalty structure under the amended law is stringent. Violations incur fines starting at $1,500 for the first infraction, $3,000 for the second, and $15,000 for each subsequent violation per applicant affected. These fines underscore the need for compliance and prompt policy updates.
This legislation aligns Washington with a broader national trend promoting fair hiring practices by preventing early exclusion of candidates based on criminal history, thereby supporting reintegration and reducing employment barriers for those with past convictions.
By the numbers:
- July 1, 2026 — Effective date for employers with 15+ employees
- $15,000 — Maximum penalty per applicant for repeat violations
- January 1, 2027 — Effective for smaller employers
Yes, but: Some employers may find compliance challenging due to operational adjustments required in applicant screening processes, particularly smaller businesses with fewer HR resources.
What's next: Employers should review and update their hiring policies promptly and train HR personnel ahead of the July 2026 deadline to ensure compliance.