Washington state has expanded its Fair Chance Employment protections through key amendments to the Fair Chance Act. These updates—closely aligned with Seattle’s existing ordinance—impose new restrictions on when and how employers conduct criminal background checks and what they can do with the results.
Although the new requirements won’t take effect until 2026 for larger employers and 2027 for smaller ones, the time to prepare is now. The sooner your organization reviews and adjusts its processes, the smoother your transition to compliance will be.
Key Changes Under HB 1747
1. Timing of Background Checks
Currently, Washington law allows background checks after determining an applicant meets the basic qualifications. Under the new law, employers cannot perform a criminal background check until after making a conditional job offer.
2. Restrictions on Using Criminal Records
- Employers cannot take adverse action based on an arrest record or juvenile conviction record, unless the individual is currently awaiting trial while out on bail or recognizance.
- For adult convictions, an employer must demonstrate a legitimate business reason for rescinding a job offer or terminating employment.
3. Notice and Response Requirements
If an employer intends to take adverse action, they must:
- Notify the applicant or employee of the potential action.
- Hold the position open for two business days to allow the individual to provide mitigating information.
- Provide a written final decision including:
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- The impact of the conviction on the position or operations.
- Consideration of rehabilitation, conduct, work experience, education, and training.
Enforcement and Penalties
The Washington State Attorney General’s Office will continue enforcing the law but with increased penalties—from $1,500 to $15,000 per violation, depending on frequency.
How It Differs from Federal Law
While the Fair Credit Reporting Act (FCRA) also governs background checks, there are key distinctions:
- FCRA allows oral or written adverse action notices; Washington requires written notice.
- Washington mandates additional details in employer communications.
- Employers must still comply with both federal and state laws, as well as Title VII anti-discrimination guidelines.
Action Steps for Employers
To prepare for the 2026–2027 rollout:
- Review hiring processes to align with the new timeline for background checks.
- Ensure job postings clearly state that background checks occur post-conditional offer and provide required disclosures.
- Remove any impermissible criminal history questions from applications and interviews.
- Update pre-adverse and adverse action notices to meet the new law’s requirements.
- Coordinate with third-party background screening providers to confirm compliance.
Don’t Forget Local Ordinances
Seattle’s Fair Chance Employment Ordinance remains one of the strictest in the nation and still applies to Seattle-based employees. Employers must follow both state and local rules. With higher penalties and tighter restrictions, Washington’s new Fair Chance Act amendments demand that employers act early. By reviewing and revising policies now, you can protect your organization from compliance pitfalls while maintaining fair hiring practices.
Partner with Experts to Stay Compliant
Plexus Global provides comprehensive background screening solutions that keep you ahead of evolving legislation—whether at the state, federal, or local level. Our team ensures your processes are efficient, compliant, and tailored to your unique industry needs.
Plexus Global — Your Partner in Smarter, Compliant Hiring Decisions.
Contact us today at (951) 335-4900 or visit plexusglobalinc.com to learn how we can help you navigate complex employment screening regulations with confidence.
