March 18, 2025
Washington lawmakers recently began reviewing a significant piece of legislation that could reshape the hiring process. This new bill, House Bill 1747 (HB 1747), has already made its way through the state House.
HB 1747 aims to change when and how employers may consider criminal history. Furthermore, it would significantly increase restrictions on criminal history inquiries when judging candidates. This bill would build on current Fair Chance regulations concerning applicants’ criminal history.
The previous law is the Washington Fair Chance Act that passed in 2018.
According to this Act, employers in Washington state cannot include questions regarding criminal history on applications and job advertisements. Additionally, employers must determine if a candidate meets the basic qualifications for the desired position before conducting a criminal history check.
These existing Fair Chance hiring requirements align the state with many others as “ban-the-box” and fair chance hiring laws have expanded nationwide. Currently, at least 15 states and over 20 cities and counties have ban-the-box type laws. HB 1747 will bring Washington to the same level as California and New York jurisdictions. In Washington’s case, HB 1747 would have Fair Chance regulations delay criminal background checks later in the hiring process.
HB 1747 would require employers to present a conditional employment offer before proceeding with criminal background checks. As a result, candidates with criminal history would have more chances at employment if they meet the basic qualifications for the desired positions. However, most employers may have to restructure their hiring process flow. This update may prove particularly crucial for employers who performed the screening step early in their process.
In addition, HB 1747 would add new restrictions and steps that employers must take when considering criminal history. One restriction would prevent employers from taking adverse action based on juvenile convictions and arrest records.
Another notable change requires employers to prove that they have a legitimate business reason for taking adverse action based on an applicant’s criminal history. In doing this, an employer must consider and document the following factors when making a decision:
- The seriousness of the conduct underlying the adult conviction record;
- The number and types of convictions;
- The time that has elapsed since the conviction, excluding periods of incarceration;
- Any verifiable information related to the individual’s rehabilitation, good conduct, work experience, education, and training, as provided by the individual;
- The specific duties and responsibilities of the position sought or held; and
- The place and manner in which the employee will perform the position.
For now, Washington state legislatures will continue reviewing HB 1747. Though its fate remains uncertain, employers should prepare for the potential changes it would bring to the Fair Chance regulations.
Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.