WA Fair Chance Act Changes
Washington has significantly expanded its Fair Chance Act, adding new restrictions on how employers can use criminal history in hiring and employment decisions.The amended law covers arrest records, juvenile conviction records, and adult conviction records, and applies to both job applicants and current employees.
This page gives a clear, state-by-state guide to the Clean Slate landscape across the United States. Use it to quickly compare where and how clean-slate protections apply
Effective July 1, 2026 for employers with 15 or more employees, and January 1, 2027 for employers with fewer than 15 employees, Washington employers must:
- Wait until after extending a conditional offer of employment to inquire about or consider criminal history
- Avoid any policy or practice that automatically or categorically excludes applicants with a criminal record from a position
- Avoid rejecting an applicant for failing to disclose a criminal record before receiving a conditional offer
- Avoid taking adverse action against an applicant or employee based on an arrest record or juvenile conviction record (with limited exceptions, such as an adult arrest where the person is out on bail or released on personal recognizance pending trial)
- Have a legitimate business reason before taking adverse action based on an adult conviction record
Limited exceptions are built into the law, including:
- Positions involving unsupervised access to children or vulnerable adults
- Positions where state or federal law permits or requires a criminal background check (e.g., financial institutions, law enforcement)
- Positions performed under a federal contract that specifically prohibits individuals with criminal records
The amendment also raises the penalties for violations: up to $1,500 for a first offense, $3,000 for a second, and $15,000 for each subsequent violation, assessed per aggrieved applicant or employee, per violation. The Washington Attorney General’s office enforces the law.
The amendment also introduces a notice requirement that hasn’t appeared in other fair chance laws to date. In the event that an employer will require a post-offer criminal check, the employer must immediately provide a written disclosure that summarizes the relevant parts of the law, along with a copy of the Attorney General’s Fair Chance Act guide, available here. This same disclosure is required if an applicant voluntarily shares criminal history information during an interview.
Of course, if you have any questions, please don’t hesitate to contact our Client Services team for assistance.
This page is intended to provide informational summaries and practical guidance, not legal advice. Because statutes and court rules change, please consult the specific state resources or speak with a licensed attorney before relying on the information for decision-making.