Expanding Employment Opportunity for Justice-Impacted Individuals in Washington State

Overview

Employers must wait until after making a conditional offer of employment to obtain an applicant’s criminal record.

This law updates and expands the Fair Chance Act of 2018, restricting the use of criminal records for hiring decisions. The goal is to create broader employment opportunities for justice-impacted individuals by ensuring applicants are evaluated on their qualifications first.

Key Requirements for Employers

  • Employers may not inquire into criminal records, conduct background checks, or otherwise obtain criminal history information until after extending a conditional offer of employment.
  • Arrest records (except pending or open matters) and juvenile records CANNOT be used at any time for employment decisions.
  • No policy or practice may automatically or categorically exclude applicants with criminal records before an initial determination of qualification. Employer may not conduct a background check until after a conditional offer of employment is made.
  • Job postings and applications must not contain language that deters applicants with criminal records from applying. For example: “No Felons” or “No criminal backgrounds.” Also cannot include questions about criminal history on application.
  • Revoking a conditional offer requires the employer to provide a written explanation and the employer must hold the position open for two business days to allow the applicant to provide evidence of rehabilitation.

Exemptions

  • Employers working with vulnerable populations, including children and the elderly.
  • Industries that are otherwise required to conduct background checks under state or federal law such as financial or securities institutions and law enforcement.
  • Non-employee volunteers are not protected under this law.

Enforcement and Penalties for Violations

Violations are handled by the office of the Washington State Attorney General. Consequences for non-compliance include:

  • 1st violation or de minimis violation: AG may waive penalty entirely, or impose a $1,500 penalty
  • 2nd violation: Monetary penalty of $3,000
  • 3rd+ violation: Monetary penalty of $15,000

The AG may also pursue legal action to obtain unpaid wages, administrative penalties, damages, and attorneys fees.

*Penalties are per aggrieved job applicant or violation. Payable to the aggrieved party, or if no identifiable party, then retained by AG’s office.

To Report Violations

You can report potential violations with the Attorney General’s Office by emailing, calling or using their online form.

Contact Info:
fairchancejobs@atg.wa.gov
(833) 660-4877
atg.wa.gov/fair-chance-act

If you had a conditional offer for employment revoked due to your criminal history OR you think an employer has looked into your criminal history before they made you a conditional offer of employment you can reach out to Civil Survival to consult with an attorney for free. 

Contact Us:
intakes@civilsurvival.org
206-699-7933