Washington State Expands Fair Chance Hiring Protections

Beginning July 27, 2025, Washington State will implement a newly revised Fair Chance Act, expanding its protections for job applicants with criminal records. Over the next two years, the law will extend its reach to additional employers and industries, with further implementation phases on July 1, 2026, and January 1, 2027.

While this legislation does not directly impact background screening providers like Cisive, it will significantly affect how employers hiring in Washington manage their processes and use of criminal history information when making employment decisions. HR professionals, talent acquisition teams, and compliance officers should take note of the upcoming changes to ensure their practices remain compliant.

Key Elements of Washington’s Fair Chance Act

The revised law combines Ban-the-Box provisions with broader fair hiring practices that align with the EEOC’s 2012 guidance on the use of criminal records in employment decisions (also known as the Green Factors). Here’s what employers need to know:

• • No Criminal History Questions Until Post-Offer
    Employers may not ask about or access a candidate’s criminal history until after determining they are otherwise qualified and have extended a conditional offer of employment.
  • Inclusive Job Advertisements
    Employers are prohibited from using language in job ads that deters individuals with criminal records from applying (e.g., “no felons” or “must have clean record”).
  • No Blanket Policies
    Employers may not implement automatic exclusions of candidates based on criminal history or use decision matrices that remove candidates from consideration solely based on their records.
  • Self-Disclosure Limitations
    Candidates cannot be required to self-disclose criminal history before a conditional job offer is made, effectively making Washington a “do not ask” state.
  • Conviction-Only Reporting
    Employers may only consider adult conviction records—not arrests or other non-conviction data.
  • Requirements for Adverse Action
    Employers must demonstrate a legitimate business reason before taking adverse action based on a conviction. They must also:
    • • • Notify the candidate of the specific record used in their assessment
        • Hold the position open for at least two business days to allow the candidate to respond or provide rehabilitation-related information
        • Provide a written explanation if adverse action is ultimately taken, documenting how the conviction relates to the role and outlining the consideration given to the candidate’s rehabilitation, work history, and qualifications

Enforcement and Penalties

The Washington Attorney General’s Office will oversee enforcement, with a focus on education for first-time or minor violations. However, repeat offenses may result in financial penalties:

• • $1,500 for a first violation (if not waived)
  • $3,000 for a second violation
  • $15,000 for each subsequent violation

What This Means for Employers

Employers operating in Washington should begin reviewing their hiring practices now—particularly those involving job postings, applications, interview procedures, and background check policies. As the law rolls out in stages, organizations will need to ensure compliance across all affected locations and roles.

At Cisive, we’re committed to helping our clients navigate complex regulatory changes with clarity and confidence. While we do not provide legal advice, we encourage all clients to consult with their legal counsel and HR teams to evaluate any necessary updates to hiring practices in light of the revised Fair Chance Act.

Stay informed. Stay compliant.

To learn more about how we help you eliminate blind spots and stay ahead of evolving regulations, connect with a Cisive background screening pro today.