Washington: Amendment to Fair Chance Act
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APPLIES TO All Employers with Employees in WA |
EFFECTIVE July 1, 2026 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion:
Effective July 1, 2026, HB 1747 amends the Fair Chance Act to include additional restrictions for employers who evaluate criminal records during the hiring process or the employment relationship. Employers cannot ask about criminal records prior to making a conditional offer of employment. The law now applies to employers with 15 or more employees beginning July 1, 2026 and to employers with fewer than 15 employees beginning January 1, 2027.
The amendments add the use of adult conviction records, arrest records, and juvenile conviction records to the law. An “adult conviction record” means any record of or information about criminal conduct resulting in an adult criminal conviction, finding of guilt, or other finding adverse to the subject, including an acquittal due to a finding of not guilty by reason of insanity, a dismissal by reason of incompetency, or a dismissal entered after a period of probation, suspension, or deferral of sentence. It also includes information related to the conviction or other finding adverse to the subject including, but not limited to, any citation, arrest record, or probable cause statement. An “arrest record” means any record of or information about an arrest or pending charge for criminal conduct without a conviction, adjudication, finding of guilt, or other finding adverse to the subject. A “juvenile conviction record” means any record of or information about a juvenile adjudication or other finding of guilt pursuant to Washington law or other juvenile court system. It also includes information related to the conviction or other finding adverse to the subject including, but not limited to, any citation, arrest record, or probable cause statement.
Employers are prohibited from carrying out adverse actions based on an applicant’s or employee’s arrest or juvenile conviction record. Adverse actions cannot be solely based on an applicant’s or employee’s adult conviction records unless the employer has a legitimate business reason for the action. Legitimate business reasons mean that, based on information known to the employer at the time the employer makes the decision regarding a tangible adverse employment action, the employer believes in good faith that the nature of the criminal conduct underlying the adult conviction record will:
- Have a negative impact on the employee’s or applicant’s fitness or ability to perform the position sought or held; or
- Harm or cause injury to people, property, business reputation, or business assets, and the employer has considered the following factors:
- The seriousness of the conduct underlying the adult conviction record;
- The number and types of convictions;
- The time that has elapsed since the conviction, excluding periods of incarceration;
- Any verifiable information related to the individual’s rehabilitation, good conduct, work experience, education, and training, as provided by the individual;
- The specific duties and responsibilities of the position sought or held; and
- The place and manner in which the position will be performed.
Before the adverse action, the employer must notify the applicant or employee and identify to the applicant or employee the record on which the employer is relying for purposes of assessing its legitimate business reason. The employer must hold open the position for a minimum of two business days to provide the applicant or employee a reasonable opportunity to correct or explain the record or provide information on the applicant’s or employee’s rehabilitation, good conduct, work experience, education, and training. If after the two days the employer makes an adverse action, the applicant or employee will be provided with a written decision, including specific documentation as to its reasoning and assessment of each of the relevant factors, including the impact of the conviction on the position or business operations, and its consideration of the applicant’s or employee’s rehabilitation, good conduct, work experience, education, and training.
Washington’s state Attorney General’s office is tasked with enforcing the law. Monetary penalties for violations include $1,500 for the first violation, $3,000 for the second violation, and $15,000 for each subsequent violation.
Action Items
- Review the amendment here.
- Update hiring policies to include prohibition on pre-offer criminal record inquiries.
- Provide required notice prior to making an adverse employment action based on criminal records.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase