Washington’s Fair Chance Act is getting a major update—and employers need to be prepared.
Under new amendments passed during this year’s legislative session, Washington employers will face significantly expanded obligations related to criminal background checks. House Bill 1747 introduces key changes to the Fair Chance Act that will roll out in two phases:
- Effective July 1, 2026 for employers with 15 or more employees
- Effective July 1, 2027 for all Washington employers, regardless of size
While employers have been subject to the Fair Chance Act since 2018, HB 1747 makes the law more restrictive in several important ways:
- Tighter limits on criminal history inquiries: Employers will be more restricted in how and when they can ask about an applicant’s criminal record.
- New regulations post-offer: Even after a conditional job offer is made, employers will face tighter controls around how they assess and act on criminal background information.
- Prescribed process for adverse action: Before making a decision based on an individual’s criminal history, employers must now follow a specific process outlined in the law.
- Increased penalties: The cost of non-compliance is going up. HB 1747 introduces substantially higher penalties for violations.
In addition to HB 1747, House Bill 155 also passed this session and modifies the rules around sex offender registration appeals:
- Individuals with lifetime registration requirements may now appeal to a judge after 12 years, instead of the current 20.
- Those with a 10-year registration may appeal after 5 years, rather than 8.
These legislative changes will affect hiring practices and background screening procedures across the state. JDP will continue monitoring updates and helping our clients stay informed as the effective dates approach.
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