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Washington Fair Chance Act

Current law: Employers with 8 or more employees cannot ask about criminal history on a job application or before determining you are otherwise qualified for a position.

Effective July 1, 2026 (15+ employees) & Jan 1, 2027 (all employers): Significant amendments under HB 1747 strengthen these protections. Employers may not inquire about criminal history until after a conditional job offer. Adverse action based on arrest records or juvenile convictions is prohibited entirely (except for adults out on bail awaiting trial). For adult conviction records, employers must: identify the specific record in writing, allow a minimum of two business days to respond or present rehabilitation evidence, and issue a final written decision documenting their reasoning.

Public Employer Restrictions

A public employer in Washington State may only deny employment based on a prior felony conviction when both conditions are met: (1) the felony directly relates to the specific position sought, and (2) the conviction occurred less than 10 years ago. If either condition is not met, the employer has no statutory authorization to deny based on that conviction.

Convictions older than 10 years fall outside the employer's authorization to deny — this is not "heightened scrutiny" where they must work harder to justify a denial; it is a near-bar on denial entirely. Limited exceptions exist for county treasurer positions (embezzlement or theft, no time limit) and school district positions requiring unsupervised access to children (specific felonies, no time limit).

Seattle Fair Chance Employment Ordinance

Applies to employers with one or more employees operating within Seattle city limits, including staffing agencies. Criminal history may not appear on job applications. Employers cannot inquire about conviction or arrest records until after an initial screening has eliminated unqualified applicants. Job postings may not contain categorical exclusions such as "felons need not apply." Before any adverse decision, employers must conduct an individualized assessment and give the applicant an opportunity to explain or correct the record, including presenting evidence of rehabilitation.*

Enforced by Seattle's Office of Labor Standards: (206) 256-5297.

Federal FCRA Background Check Rights

If an employer uses a third-party consumer reporting agency to run a background check, federal law requires: (1) your written authorization before the check is run; (2) a pre-adverse action notice — including a copy of the report and your Summary of Rights — before any denial; and (3) a reasonable period for you to dispute inaccuracies before a final adverse action is issued. You have the right to dispute and correct errors directly with the reporting agency at no cost.

Washington Law Against Discrimination

Washington's anti-discrimination law prohibits employment policies that have a disproportionate impact on protected classes — including race and national origin — without a legitimate business justification. Blanket criminal history bans that disproportionately screen out protected groups may be unlawful under RCW 49.60, even if each individual denial appears neutral on its face. This provides an important additional avenue of challenge beyond the Fair Chance Act.

Certificate of Discharge & Record Vacation

When you complete all sentence conditions, the court must issue a Certificate of Discharge under RCW 9.94A.637, restoring civil rights including the right to vote and serve on a jury. Separately, RCW 9.94A.640 allows individuals who have been discharged to petition the court to vacate their felony conviction record. If granted, you may legally state the conviction never occurred on employment applications — and state agencies may not disclose the vacated record to most third parties. For misdemeanor and gross misdemeanor vacations, see RCW 9.96.060. Waiting periods and eligibility requirements apply based on offense class.

Note on Exclusions

Seattle's Fair Chance Employment Ordinance does not apply to: (1) the U.S. federal government; the State of Washington including its legislature, judiciary, public universities (e.g., UW, WSU), and other state agencies; or any county or local government other than the City of Seattle — note: state employers remain covered by RCW 9.96A.020, so applicants to those institutions retain state-law protections; (2) positions involving unsupervised access to children under 16, individuals with developmental disabilities, or other vulnerable adults; (3) positions where an employer is required or permitted by federal or state law to inquire about and consider criminal history (e.g., financial institutions, certain healthcare and licensed care roles); (4) non-employee volunteer positions.