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 →District of Columbia: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Employers with more than 10 employees may not inquire about or require disclosure of an applicant's arrest record, a criminal accusation that is not currently pending or did not result in a conviction, or a criminal conviction, until after extending a conditional offer of employment. Exceptions apply where federal or District law requires consideration of criminal history, for positions in a program designed to encourage employment of people with criminal histories, and for facilities providing programs or direct care to minors or vulnerable adults.
Criminal Record Lookback Period
District of Columbia has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
A criminal history provider may not report criminal history information relating to a record that has been sealed, expunged, or set aside under the District's record sealing and expungement law.
Expunged / Sealed Records
Certain records, including those from decriminalized, legalized, or unconstitutional offenses and simple marijuana possession before February 15, 2015, are automatically expunged. Non-conviction records and most misdemeanor convictions are automatically sealed after a waiting period, currently 10 years for eligible misdemeanors following completion of sentence, with shorter waiting periods for filing a motion to seal in other cases. Certain violent and sexual offenses are excluded. A person whose record is sealed or expunged may deny the arrest or conviction for any purpose, and an employer may not require disclosure of sealed or expunged information.
Salary History Ban
Employers may not screen prospective employees based on their wage history, including requiring that wage history satisfy minimum or maximum criteria, and may not request a prospective employee's wage history from the applicant or a current or former employer. Employers must also disclose the minimum and maximum projected salary or hourly pay in job listings and position descriptions, and disclose the availability of healthcare benefits before the first interview.
Credit Report Restrictions
Employers are generally prohibited from obtaining or using a job applicant's or employee's credit information for employment purposes, with limited exceptions.
Bankruptcies
District of Columbia has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
District of Columbia has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
District of Columbia has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
An employer may only test a prospective employee for marijuana use after extending a conditional offer of employment. Separately, employers may not refuse to hire, terminate, suspend, fail to promote, demote, or otherwise penalize an employee or applicant based on their use of cannabis, their status as a medical cannabis patient, or the presence of cannabinoid metabolites in a required or requested drug test, without additional factors indicating impairment. Exceptions apply to safety sensitive positions and where the employer's action is required by federal statute, federal contract, or federal funding.
Pre-Adverse Action Notice & Waiting Period
District of Columbia has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
f an employer withdraws a conditional offer or takes adverse action based on a criminal conviction, it must provide the applicant a copy of all records it procured in considering the applicant, including criminal records, along with notice of the applicant's right to file a complaint with the D.C. Office of Human Rights.
Authorization Requirements
District of Columbia has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
Before withdrawing a conditional offer or taking adverse action based on a conviction, an employer must determine it has a legitimate business reason, which must be reasonable in light of factors including the specific duties of the position, the bearing of the offense on fitness to perform those duties, and the time elapsed since the offense, among other statutory factors.
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.
No Local Ordinances
The District of Columbia is itself a single jurisdiction rather than a state with separate cities or counties beneath it. All fair chance hiring, salary history, credit reporting, and cannabis protections described above already apply District-wide, so there are no additional local ordinances beneath the District level.
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
The District of Columbia has one of the most comprehensive fair chance hiring frameworks in the country. To stay compliant:
Do not inquire about or require disclosure of arrest records, non-conviction accusations, or convictions until after extending a conditional offer, if you have more than 10 employees Do not screen applicants based on wage history or request it from the applicant or a prior employer Include the minimum and maximum projected pay in job listings and disclose the availability of healthcare benefits before the first interview Do not obtain or use an applicant's or employee's credit information for employment purposes unless a specific exception applies Do not test a prospective employee for marijuana use until after extending a conditional offer Do not take adverse action based on cannabis use, medical cannabis patient status, or a positive cannabinoid test alone, without additional evidence of impairment, unless the position is safety sensitive or federal requirements apply Before withdrawing a conditional offer based on a conviction, document a legitimate business reason using the statutory factors, including the position's duties, the offense's bearing on fitness for those duties, and time elapsed If withdrawing an offer or taking adverse action based on a conviction, provide the applicant a copy of the records relied upon and notice of their right to file a complaint with the D.C. Office of Human Rights Confirm any criminal record returned on a background check has not been sealed or expunged under the Second Chance Amendment Act before considering itNon-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the District of Columbia Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. District of Columbia law.