Summary At a Glance
- Washington’s amended Fair Chance Act is effective July 1, 2026, for employers with 15 or more employees and January 1, 2027, for employers with fewer than 15 employees
- The amendments provide additional protections for applicants and employees with criminal records and restrict the use of criminal history in hiring and employment.
As a reminder, amendments to Washington State’s Fair Chance Act took effect on July 1, 2026, for employers with 15 or more employees. These amendments expand protections for applicants and employees with criminal records and create additional requirements for employers that consider criminal history information during the hiring process or in other employment decisions.
Employers with fewer than 15 employees are not yet subject to the amended requirements but should begin preparing now, as the amendments will apply to those employers beginning January 1, 2027.
Under the amended law, covered employers may not conduct a criminal background check or otherwise obtain criminal record information for applicants seeking positions performed in Washington until after making a conditional offer of employment. Employers are also subject to additional restrictions on criminal history inquiries, automatic disqualifications based on criminal records, and the use of certain records in employment decisions involving applicants and employees. For example, employers should avoid automatically rejecting applicants based on any felony conviction without considering whether the record is job-related and consistent with the law’s requirements. The amendments also require employers to follow a more structured process before taking adverse action based on an adult conviction record, including providing notice before conducting a background check, and conducting and documenting an individualized assessment.
Recommended Next Steps for Employers
Employers covered by the July 1, 2026, effective date should confirm that their hiring practices, employment applications, background check procedures, notices, and adverse action processes have been updated. Employers that will become covered on January 1, 2027, should use the additional time to review current practices, train HR and hiring managers, and develop a consistent process for evaluating conviction history information.
For additional details on the substantive changes under the amended Washington Fair Chance Act, please see our prior post.
