Washington Background Check Laws (2026 Guide)

Overview of Washington Background Check Laws

Washington state has some of the most comprehensive background check protections in the country. The cornerstone of these protections is the Washington Fair Chance Act (RCW 49.94), originally enacted in 2018 and significantly expanded in 2025 through House Bill 1747. These laws regulate when and how employers, landlords, and licensing agencies can access and use criminal history information.

Washington's approach reflects a growing national trend toward "fair chance" hiring practices. The state recognizes that blanket exclusions based on criminal records create barriers to employment, housing, and economic stability, particularly for communities that are disproportionately affected by the criminal legal system.

This guide covers all major aspects of Washington background check law, including the Fair Chance Act and its 2026 expansion, the federal Fair Credit Reporting Act (FCRA) as it applies in Washington, lookback periods, housing and licensing checks, and recent legislative changes that every employer, job seeker, landlord, and tenant should understand.

The Washington Fair Chance Act (Ban the Box)

The Washington Fair Chance Act is the state's primary "ban the box" law. Signed into law in 2018, it prohibits covered employers from asking about an applicant's criminal history on job applications or at any point before making a conditional offer of employment.

The law was designed to ensure that people with criminal records receive fair consideration for jobs based on their qualifications first, rather than being automatically screened out before an employer evaluates their skills and experience.

What Employers Cannot Do

Under the original Fair Chance Act, employers are prohibited from:

• Including any question about criminal history on job applications
• Inquiring about criminal records orally or in writing before a conditional offer
• Running a criminal background check before making a conditional job offer
• Advertising jobs with language like "no felons" or "no criminal background"
• Implementing blanket policies that automatically exclude anyone with a criminal record

When Employers Can Ask

Employers may inquire about criminal history only after determining that the applicant is otherwise qualified and extending a conditional offer of employment. At that point, the employer may run a background check and consider the results as part of the hiring decision.

Exemptions to the Fair Chance Act

The Fair Chance Act does not apply to every employer or every position. The following are exempt from the law's requirements:

• Employers hiring for positions involving unsupervised access to children, vulnerable adults, or vulnerable persons
• Law enforcement and criminal justice agencies in Washington
• Financial institutions and registered securities entities required by law to consider criminal history
• Employers seeking non-employee volunteers
• Positions where federal or state law requires a criminal background check

The 2026 Fair Chance Act Expansion (HB 1747)

In 2025, the Washington Legislature passed HB 1747, which dramatically expanded the Fair Chance Act. The Governor signed the bill into law as Chapter 71, 2025 Laws. These changes represent one of the most significant updates to employment background check law in Washington's history.

Effective Dates

The expansion rolls out in two phases:

Employer Size	Effective Date
15 or more employees	July 1, 2026
Fewer than 15 employees	January 1, 2027

New Protections for Applicants and Employees

HB 1747 adds several important new protections that go well beyond the original Fair Chance Act:

Arrest and Juvenile Records Are Off Limits. Employers are entirely prohibited from taking adverse employment action based on an applicant's or employee's arrest record or juvenile conviction record. The only exception is for an adult arrest where the individual is currently out on bail or released on their own personal recognizance pending trial.

Conditional Offer Required Before Any Inquiry. Under the expansion, employers must wait until after making a conditional offer of employment before inquiring about or considering criminal history. This is a stricter standard than the original law, which allowed inquiry after determining the applicant was "otherwise qualified."

No Automatic or Categorical Exclusions. Employers cannot implement any policy or practice that automatically or categorically excludes individuals with a criminal record from any employment position.

Written Disclosure Required. Before conducting a background check, or if an applicant voluntarily discloses criminal history, the employer must immediately provide a written disclosure explaining the Fair Chance Act provisions. The disclosure must include a copy of the Attorney General's Fair Chance Act guidance document.

The "Legitimate Business Reason" Standard

Under the expanded law, an employer may only take adverse action based on an adult conviction record if the employer has a "legitimate business reason." To meet this standard, the employer must believe in good faith that the criminal conduct underlying the conviction will either:

• Have a negative impact on the employee's or applicant's fitness or ability to perform the position, or
• Harm or cause injury to people, property, business reputation, or business assets

Required Individualized Assessment Factors

Before making an adverse decision based on a conviction, the employer must consider and document all six of the following factors:

1. The seriousness of the conduct underlying the conviction
2. The number and types of convictions
3. The time that has elapsed since the conviction, excluding periods of incarceration
4. Any verifiable information related to the individual's rehabilitation, good conduct, work experience, education, and training
5. The specific duties and responsibilities of the position sought or held
6. The place and manner in which the position will be performed

Notice and Response Requirements

If an employer intends to take adverse action based on a conviction, the employer must:

• Notify the applicant or employee of the specific record being considered
• Hold the position open for at least two business days
• Allow a reasonable opportunity to correct or explain the record or submit evidence of rehabilitation
• If proceeding with adverse action, issue a written decision explaining the reasons, including how the record relates to the position and the employer's assessment of any mitigating information provided

Penalties for Violating the Fair Chance Act

The 2025 amendments substantially increased penalties for employers who violate the Fair Chance Act. Penalties are imposed per affected job applicant or employee, meaning they can accumulate quickly for employers with systemic compliance failures.

Violation Number	Maximum Penalty Per Affected Person
First violation	Up to $1,500
Second violation	Up to $3,000
Third and subsequent violations	Up to $15,000 each

The Attorney General's Civil Rights Division has sole enforcement authority. For first-time or minor violations, the AG's office may waive penalties and instead provide education and a warning. Complaints can be filed at fairchancejobs@atg.wa.gov or by calling the toll-free line at (833) 660-4877.

Lookback Periods and Reporting Limits

Washington law places limits on how far back criminal history information can be reported, though these limits vary based on the type of check and the position's salary.

The Seven-Year Rule (RCW 19.182.040)

Under Washington's Fair Credit Reporting Act (RCW 19.182.040), consumer reporting agencies generally cannot include records of arrest, indictment, or conviction that are older than seven years in a consumer report. The seven-year clock begins running from the date of disposition, release from incarceration, or the start of parole.

However, this seven-year limit has an important exception. It does not apply to credit transactions involving $50,000 or more, or to the underwriting of life insurance policies with a face amount of $50,000 or more. For most full-time employment positions in Washington, where annual salaries exceed $20,000, this limitation has historically had limited practical application.

Washington State Patrol Records

The Washington State Patrol (WSP) maintains the state's criminal history records through the WATCH (Washington Access to Criminal History) system. WSP records follow different rules:

• Arrest information older than one year is not reported unless a disposition is available
• There is no time limit on reporting conviction information through WSP
• Fingerprint-based background checks provide the most accurate results

WATCH System Details

The WATCH system is the official online source for Washington conviction records. Key details include:

• Name-based searches cost $11 per search
• Fingerprint-based conviction checks cost $58
• The system includes convictions and arrests less than one year old with dispositions pending
• Information on registered sex and kidnap offenders is also available

FCRA Interaction With Washington Law

The federal Fair Credit Reporting Act (FCRA) applies alongside Washington's state laws whenever a third-party consumer reporting agency conducts a background check. Employers must comply with both federal and state requirements, and the stricter standard applies when there is a conflict.

Federal FCRA Requirements for Employers

Before running a background check through a third party, employers must:

• Provide a clear, standalone written disclosure to the applicant or employee
• Obtain written authorization before pulling the report
• Follow the pre-adverse action process if considering negative action based on the report
• Send a final adverse action notice with required information about the applicant's rights

Washington-Specific Additions

Washington adds several requirements on top of the federal FCRA:

• The Fair Chance Act's timing restrictions (post-conditional-offer only)
• The individualized assessment requirement with six documented factors
• The two-business-day hold period before finalizing adverse action
• The written decision requirement explaining the reasoning
• Mandatory inclusion of the AG's Fair Chance Act guidance document

Employers who use third-party background check companies must ensure those vendors comply with both federal and state reporting limitations, including Washington's seven-year lookback rules under RCW 19.182.040.

Employment Background Checks

Washington employers must navigate multiple layers of regulation when conducting employment background checks. Here is a summary of the complete process under current law.

Step-by-Step Employer Compliance

1. Post job openings without exclusionary language. Do not include phrases like "no felonies" or "clean background required."
2. Evaluate applicants on qualifications only. Do not ask about criminal history on applications or during initial interviews.
3. Make a conditional offer of employment. Only after the offer may you begin the background check process.
4. Provide required disclosures. Give the applicant written notice about the Fair Chance Act and include the AG's guidance document.
5. Obtain written consent before pulling any background report through a third-party agency (required by FCRA).
6. Conduct the individualized assessment. Evaluate all six required factors and document your analysis.
7. If considering adverse action, notify the applicant. Provide the specific record being considered and hold the position open for at least two business days.
8. Allow response time. Give the applicant a reasonable opportunity to explain or provide evidence of rehabilitation.
9. Issue a written decision if proceeding with adverse action, explaining the reasoning in detail.

Housing Background Checks

Washington landlords may conduct background checks on prospective tenants, but there are significant restrictions on how criminal history can be used in rental decisions.

Tenant Screening Requirements (RCW 59.18.257)

Under RCW 59.18.257, landlords must follow specific procedures before and during tenant screening:

• Notify prospective tenants in writing about what types of information will be accessed
• Disclose what criteria may result in denial
• If using a consumer report, provide the name and address of the reporting agency
• Inform tenants of their right to obtain a free copy of the consumer report

No Blanket Criminal History Bans

The Washington Attorney General's Office has actively enforced fair housing laws against landlords who use blanket bans on tenants with criminal histories. Under both the federal Fair Housing Act and the Washington Law Against Discrimination, landlords cannot:

• Automatically deny anyone with a felony conviction
• Apply blanket policies that exclude all applicants with any criminal history
• Use criminal history screening in a way that has a disparate impact on protected classes

Instead, landlords must conduct individualized assessments that consider the type and severity of the offense and how much time has passed since the conviction.

Crime-Free Housing Programs

Under RCW 35.106, crime-free rental housing programs in Washington may not prohibit a landlord from renting to a person solely because of criminal history. The legislature recognized that blanket exclusions prevent stable reentry and undermine housing access, regardless of other factors like employment history, rental references, or time in the community without further criminal activity.

Adverse Action Notice for Tenants

If a landlord denies a rental application based in whole or part on a background check, the landlord must provide a written notice of adverse action explaining the reasons for denial, including which information in the consumer report contributed to the decision.

Professional Licensing Background Checks

Washington regulates how criminal history is used in professional licensing decisions, providing pathways for people with convictions to determine their eligibility before investing time and money in training or education.

Department of Licensing Screening

The Washington Department of Licensing (DOL) allows individuals with criminal convictions to request a pre-application review. This review examines whether a specific conviction relates to the professional license being sought. The DOL considers convictions within the last five years for most licensing determinations.

Fingerprint-Based Background Checks

Many professional licenses require fingerprint-based background checks through the Department of Licensing. These checks are processed through the Washington State Patrol and the FBI, providing both state and national criminal history information.

Health Care and Vulnerable Population Positions

Under RCW 43.43.832, background checks are required for individuals who will have unsupervised access to children, vulnerable adults, or people with developmental disabilities. These checks are conducted through WSP and may include both state and federal records. Certain disqualifying convictions can permanently bar employment in these positions.

Local Licensing Authority

Under RCW 36.01.300, counties and cities may require both state and federal background checks for license applicants and licensees under local licensing authority. These checks are also processed through the Washington State Patrol.

Vacating and Sealing Criminal Records

Washington law provides pathways for people to clear certain criminal records, which directly affects what shows up on background checks.

Vacating Felony Convictions (RCW 9.94A.640)

Under RCW 9.94A.640, individuals who have completed their sentence may petition the court to vacate a felony conviction. If granted, the conviction is removed from the individual's criminal history, and the person may legally state they have never been convicted of that crime on employment applications and other inquiries.

Eligibility requirements include:

• All conditions of the sentence must be completed
• No criminal charges may be pending
• The offense cannot be a violent offense or crime against persons (with limited exceptions)
• Specific waiting periods must have elapsed since discharge

Vacating Misdemeanors (RCW 9.96.060)

Under RCW 9.96.060, misdemeanor and gross misdemeanor convictions may also be vacated. The eligibility requirements and waiting periods vary based on the type of offense.

Effect of Vacated Records

Once a conviction is vacated:

• The Washington State Patrol and local law enforcement agencies may not disclose the conviction to the public
• The individual may legally state they have not been convicted of that crime
• The conviction is not included in criminal history for sentencing purposes in future cases
• Other criminal justice agencies may still access vacated records for limited purposes

Recent Changes and What to Watch

Washington's background check landscape has changed rapidly in recent years, and additional changes may be on the horizon.

2025: HB 1747 Signed Into Law

The most significant recent change is HB 1747, which expanded the Fair Chance Act with the new protections described throughout this guide. The law was signed by the Governor as Chapter 71, 2025 Laws, and takes effect in phases beginning July 1, 2026.

Key Changes Taking Effect in 2026

• Conditional offer required before any criminal history inquiry (stricter than previous standard)
• Complete ban on using arrest records and juvenile conviction records
• Mandatory individualized assessment with six documented factors
• Written disclosure and AG guidance document requirement
• Increased penalties of up to $15,000 per violation per affected person
• Two-business-day hold period before adverse action
• Written decision requirement when taking adverse action

Local Ordinances

Several Washington cities have their own fair chance or ban-the-box ordinances that may impose additional requirements. Seattle's Fair Chance Employment Ordinance, for example, has been in effect since 2013 and includes provisions specific to the city. Employers operating in multiple jurisdictions within Washington should review all applicable local laws to ensure full compliance.

How to Run a Background Check in Washington

Whether you are an employer, landlord, or licensing authority, here is how to access criminal history records in Washington.

WATCH (Washington Access to Criminal History)

The primary tool for background checks in Washington is the WATCH system operated by the Washington State Patrol. You can access it online for name-based searches at $11 per search.

Fingerprint-Based Checks

For more comprehensive and accurate results, fingerprint-based checks are available through WSP at a cost of $58. These are required for many professional licensing and sensitive employment positions.

Third-Party Consumer Reporting Agencies

Many employers and landlords use third-party background check companies. When doing so, both the FCRA and Washington state law apply. Ensure your vendor complies with Washington's seven-year reporting limitation under RCW 19.182.040 and does not report records that should be excluded under state law.

FBI Checks

For positions requiring national criminal history checks, fingerprint-based FBI background checks can be arranged through WSP under RCW 43.43.8325, which implements the National Crime Prevention and Privacy Compact for interstate criminal history exchange.