Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Washington: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
As amended effective July 1, 2026 for employers with 15 or more employees, and January 1, 2027 for smaller employers, Washington's Fair Chance Act prohibits employers from requesting or considering an applicant's criminal record, on an application, in an interview, through a recruiter, or by ordering a background check, until after extending a conditional offer of employment. Employers may not implement any policy that automatically or categorically excludes individuals with a criminal record from consideration.
Criminal Record Lookback Period
A consumer reporting agency may not include an arrest, indictment, or conviction record if it predates the report by more than 7 years.
*This 7-year limit does not apply to a report used in connection with employment at an annual salary of $20,000 or more.
Reporting Restrictions
Once a conviction has been vacated under Washington law, the individual may lawfully state that they have not been convicted of the offense, and a consumer reporting agency should not include a vacated, sealed, or deleted record in an employment background report.
Expunged / Sealed Records
Washington allows certain convictions to be vacated, which removes most of the legal disabilities and burdens resulting from the conviction. Once vacated, an employer should not rely on the record when making hiring decisions, and eligibility depends on the offense type, sentence completion, and a waiting period without a subsequent conviction.
Salary History Ban
Employers may not seek the wage or salary history of an applicant, either directly from the applicant or from a current or former employer, and may not require that an applicant's prior wage or salary history satisfy minimum or maximum criteria. Employers with 15 or more employees must, upon request from an applicant who has been offered a position, provide the minimum wage or salary for the position.
Credit Report Restrictions
Employers may not obtain a consumer credit report for employment purposes unless the information is substantially job related, the employer's reasons for using it are disclosed to the applicant in writing, and the applicant provides written consent.
Bankruptcies
A consumer reporting agency may not include a bankruptcy case in a consumer report if it predates the report by more than 10 years.
Civil Judgments & Lawsuits
A consumer reporting agency may not include a civil suit or civil judgment in a consumer report if it predates the report by more than 7 years, or longer than the governing statute of limitations, whichever is longer.
Tax Liens & Collections
A consumer reporting agency may not include a paid tax lien or an account placed for collection if it predates the report by more than 7 years.
Marijuana / Drug Testing Protections
Effective January 1, 2024, employers may not discriminate against a job applicant during initial hiring based on the applicant's off duty, off premises use of cannabis, or based on an employer required pre-employment drug screen that detects only non-psychoactive cannabis metabolites. This protection applies only to pre-employment testing and does not limit an employer's ability to maintain a drug free workplace or test current employees for cause or post-accident. It does not apply to positions requiring a federal background investigation or security clearance, law enforcement, fire department, first responder, or other safety sensitive positions defined by statute.
Pre-Adverse Action Notice & Waiting Period
Before taking a tangible adverse employment action based on a criminal record, an employer must notify the applicant or employee, identify the specific record relied upon, and hold the position open for a minimum of 2 business days to give the individual a reasonable opportunity to correct the record or provide evidence of rehabilitation, education, or work history.
Adverse Action Notice Requirements
If an employer proceeds with a tangible adverse employment action after considering any additional information the individual provided, the employer must notify the individual of the decision and the reasoning, consistent with the individualized assessment factors considered.
Authorization Requirements
Washington has no state law governing background check authorization generally. However, employers must obtain the applicant's written consent before requesting a credit report specifically.
Individualized Assessment
An employer may only take adverse action against an applicant or employee based on a criminal conviction if it has a legitimate business reason, meaning a good faith belief that the nature of the criminal conduct negatively impacts the person's fitness or ability to perform the position, or could harm people, property, business reputation, or assets. The employer must document its assessment considering factors including the seriousness of the offense, the number and type of convictions, the time elapsed, and evidence of rehabilitation, education, or work history. Arrest records not resulting in conviction and juvenile conviction records may not be used as a basis for adverse action.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
Seattle, WA Applies to All Employers Fair Chance Employment Ordinance
Seattle's Fair Chance Employment Ordinance applies to employers with 1 or more employees for individuals working at least 50% of their time within Seattle city limits, and is stricter than the state law. It prohibits categorical exclusions in job postings, limits criminal history questions until after an initial qualification screening, requires a documented legitimate business reason to deny employment based on a conviction, and requires the employer to hold the position open for at least 2 business days after notifying the applicant of a potential adverse action.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Washington significantly expanded its background check requirements in 2026. To stay compliant:
Do not ask about or seek an applicant's wage or salary history, and provide the minimum wage or salary for a position upon a qualified applicant's request if you have 15 or more employees Do not inquire about, consider, or request a criminal record until after extending a conditional offer of employment Do not implement any policy or practice that automatically or categorically excludes applicants with a criminal record Do not use an arrest record that did not result in conviction, or a juvenile conviction record, as a basis for adverse action Do not order a credit report unless the information is substantially job related, disclosed in writing, and the applicant has consented Do not reject an applicant based on off duty cannabis use or a pre-employment test that detects only non-psychoactive cannabis metabolites, unless the position is exempt as safety sensitive or requires a federal background investigation Confirm any conviction has not been vacated or sealed before relying on it Before taking adverse action based on a criminal record, document a legitimate business reason, notify the individual, identify the specific record relied upon, and hold the position open for at least 2 business days for a response If proceeding with adverse action after considering the individual's response, provide a final notice of the decisionNon-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Washington Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Washington law.