What is Washington's new Fair Chance Act update?

Washington's Fair Chance Act received a major update effective July 1, 2026. The key changes: it covers all employers with 8+ employees, removes criminal history questions from ALL job applications, delays inquiry until after a conditional offer, requires mandatory individualized assessments, and — notably — extends protections to existing employees for internal promotions and role changes. This is one of the strongest fair-chance laws in the nation.

What is a mandatory individualized assessment in Washington?

Under Washington's Fair Chance Act, if an employer wants to consider criminal history after making a conditional offer, they must perform an individualized assessment. This means they must consider: the nature and gravity of the offense, the time that has passed since the offense, and the nature and duties of the specific position. A blanket policy of refusing to hire anyone with a criminal record is not permitted. If the employer decides to rescind the offer, they must notify you in writing and give you an opportunity to respond.

Does the Fair Chance Act apply to existing employees in Washington?

Yes — this is a unique feature of the 2026 update. The Fair Chance Act extends protections to existing employees who are being considered for internal promotions or role changes. Employers cannot use criminal history to block internal advancement without following the same individualized assessment process required for new hires.

Can I get my conviction vacated in Washington?

Washington allows vacation of both felony (RCW 9.94A.640) and misdemeanor (RCW 9.96.060) convictions by petition. You must have completed your entire sentence (including probation, fines, and restitution), waited the required period, and have no new convictions. Once vacated, the conviction is withdrawn, the case is dismissed, and it should not appear on most background checks. Violent offenses, sex offenses, and certain other crimes are not eligible.

Will my juvenile record show up on a Washington background check?

Washington law prohibits consumer reporting agencies from reporting juvenile records when the subject is 21 or older. This is a stronger protection than the federal FCRA provides. If you are 21 or older, juvenile adjudications should not appear on standard employment background checks in Washington.

What happens if a Washington employer violates the Fair Chance Act?

If an employer violates the Fair Chance Act — for example, by asking about criminal history on an application or before a conditional offer — you can file a complaint with the Washington State Attorney General's office. Employers who violate the law may face enforcement action and penalties.

Does the $20,000 salary threshold really matter?

In practice, no. The $20,000 threshold (RCW 19.182.040) was set when the law was originally enacted and has not been updated. Very few positions pay below this amount, so the 7-year lookback limit on convictions applies to almost no one. The real protection for Washington workers comes from the Fair Chance Act and the conviction vacation process, not the salary-based lookback.

Washington Background Check Laws

Mixed / conditional limitsLast updated: 2026-04-01

Washington has a 7-year conviction lookback, but only for jobs under $20,000/year — effectively meaningless. The state has one of the strongest Fair Chance Acts in the country, with a major expansion effective July 1, 2026, covering employers with 8+ employees. Requires criminal history delay until after conditional offer and mandatory individualized assessments. No Clean Slate law, but vacation of convictions is available.

Overview

Washington has a mixed background check landscape with some of the strongest protections in the country for job seekers with criminal records. On paper, Washington has a 7-year lookback on criminal convictions (RCW 19.182.040), but this limit only applies to positions paying less than $20,000 per year — a threshold so low that it is effectively meaningless for most job seekers. For the vast majority of positions, convictions can be reported indefinitely. Washington does prohibit reporting juvenile records when the subject is 21 or older. Where Washington truly leads is in fair-chance hiring. The state already has a strong Fair Chance Act, and a major update takes effect on July 1, 2026. The updated law expands to all employers with 8 or more employees (medium and large employers starting July 2026, smaller employers in 2027). It removes criminal history questions from ALL job applications, delays criminal history inquiries until after a conditional offer of employment, requires mandatory individualized assessments when considering criminal history, and extends protections to existing employees for internal promotions and role changes. Washington does not have a Clean Slate law, but the state does have a robust vacating process (RCW 9.94A.640 and RCW 9.96.060) that allows eligible individuals to have their convictions vacated, effectively clearing them from public background checks.

How Far Back Does a Background Check Go in Washington?

Record Type	Rule in Washington
Felony Convictions	Reported indefinitely for positions paying $20,000 or more. Subject to the essentially meaningless 7-year lookback for positions under $20,000.
Misdemeanor Convictions	Same rules as felonies. Reported indefinitely for positions at or above $20,000.
All Convictions	Washington has a 7-year lookback on convictions under RCW 19.182.040, but only for positions paying less than $20,000 per year. This threshold is so low that it provides effectively no protection for most workers. For positions at or above $20,000, convictions can be reported indefinitely.
Arrests (No Conviction)	Under the FCRA, arrests that did not lead to conviction can be reported for up to 7 years. Washington's Fair Chance Act further restricts employer consideration of arrest records.
Pending Cases	Pending charges can be reported. However, under the updated Fair Chance Act (effective July 2026), even pending charges cannot be inquired about until after a conditional offer.
Salary Threshold	$20,000 — positions below this salary are subject to a 7-year conviction lookback (effectively meaningless threshold for most jobs)

Ban the Box / Fair Chance

Yes — covers private employers

Washington has one of the most comprehensive Fair Chance Acts in the nation, with a major update effective July 1, 2026. The updated law: (1) Covers all employers with 8 or more employees (medium/large employers July 2026; smaller employers 2027). (2) Removes criminal history questions from ALL job applications. (3) Delays criminal history inquiries until after a conditional offer of employment. (4) Requires mandatory individualized assessments considering the nature of the crime, time elapsed, and nature of the job. (5) Extends protections to existing employees for internal promotions and role changes — not just new hires. Exceptions exist for positions where criminal history checks are required by law.

Effective: 2018-06-07

Clean Slate / Auto-Sealing

No Clean Slate law

Washington does not have a Clean Slate law providing automatic record sealing. However, Washington has a robust conviction vacation process. Under RCW 9.94A.640 (felonies) and RCW 9.96.060 (misdemeanors), eligible individuals can petition to have their convictions vacated after completing their sentence and waiting periods. A vacated conviction is withdrawn and the case is dismissed — it does not appear on most standard background checks. Washington also uses the WATCH system for criminal history checks. Vacation is not available for violent offenses, sex offenses, and certain other excluded crimes.

What Employers Can Do in Washington

When can employers ask about criminal history?: Under the updated Fair Chance Act (July 2026), employers with 8+ employees cannot ask about criminal history on job applications and must wait until after extending a conditional offer of employment. This applies to all covered positions, including internal promotions and role changes for existing employees. Employers with fewer than 8 employees will be covered starting in 2027.
What can they consider?: When considering criminal history after a conditional offer, Washington employers are required to conduct a mandatory individualized assessment. They must consider: the nature and gravity of the offense, the time elapsed since the offense, and the nature and duties of the specific position. If an employer decides to rescind a conditional offer based on criminal history, they must provide written notice and allow the applicant to respond before making a final decision.
Individualized assessment required?: Yes — employers must evaluate each applicant individually, considering the nature of the offense, time elapsed, and relevance to the job.

Key Laws in Washington

Washington Fair Chance Act (RCW 49.94) — 2026 Update(2026)
Major expansion of Washington's fair-chance hiring law. Effective July 1, 2026, for medium/large employers (2027 for smaller employers with 8+ employees). Removes criminal history from all applications, delays inquiry until after conditional offer, requires mandatory individualized assessments, and extends protections to internal promotions and role changes for existing employees.
RCW 19.182.040 (7-Year Lookback — Consumer Reports)
Limits reporting of criminal convictions to 7 years for positions paying less than $20,000 per year. For positions at or above $20,000, convictions can be reported indefinitely. The extremely low salary threshold renders this protection largely ineffective.
RCW 9.94A.640 (Vacation of Felony Convictions)
Allows eligible individuals to petition for vacation of felony convictions after completing their sentence and applicable waiting periods. Vacated convictions are withdrawn and the case is dismissed. Not available for violent offenses, sex offenses, and certain other excluded crimes.
RCW 9.96.060 (Vacation of Misdemeanor Convictions)
Allows eligible individuals to petition for vacation of misdemeanor convictions. Generally requires completion of sentence and a waiting period of 3-5 years with no new convictions.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. Allows reporting of convictions indefinitely but limits reporting of non-conviction arrests to 7 years. Washington's juvenile record protection exceeds FCRA requirements.

Frequently Asked Questions — Washington

How far back does a background check go in Washington?: Washington has a 7-year lookback on criminal convictions, but only for positions paying less than $20,000 per year (RCW 19.182.040). This threshold is so low that for the vast majority of jobs, convictions can be reported indefinitely. However, juvenile records cannot be reported when the subject is 21 or older, and vacated convictions should not appear on background checks.
What is Washington's new Fair Chance Act update?: Washington's Fair Chance Act received a major update effective July 1, 2026. The key changes: it covers all employers with 8+ employees, removes criminal history questions from ALL job applications, delays inquiry until after a conditional offer, requires mandatory individualized assessments, and — notably — extends protections to existing employees for internal promotions and role changes. This is one of the strongest fair-chance laws in the nation.
What is a mandatory individualized assessment in Washington?: Under Washington's Fair Chance Act, if an employer wants to consider criminal history after making a conditional offer, they must perform an individualized assessment. This means they must consider: the nature and gravity of the offense, the time that has passed since the offense, and the nature and duties of the specific position. A blanket policy of refusing to hire anyone with a criminal record is not permitted. If the employer decides to rescind the offer, they must notify you in writing and give you an opportunity to respond.
Does the Fair Chance Act apply to existing employees in Washington?: Yes — this is a unique feature of the 2026 update. The Fair Chance Act extends protections to existing employees who are being considered for internal promotions or role changes. Employers cannot use criminal history to block internal advancement without following the same individualized assessment process required for new hires.
Can I get my conviction vacated in Washington?: Washington allows vacation of both felony (RCW 9.94A.640) and misdemeanor (RCW 9.96.060) convictions by petition. You must have completed your entire sentence (including probation, fines, and restitution), waited the required period, and have no new convictions. Once vacated, the conviction is withdrawn, the case is dismissed, and it should not appear on most background checks. Violent offenses, sex offenses, and certain other crimes are not eligible.
Will my juvenile record show up on a Washington background check?: Washington law prohibits consumer reporting agencies from reporting juvenile records when the subject is 21 or older. This is a stronger protection than the federal FCRA provides. If you are 21 or older, juvenile adjudications should not appear on standard employment background checks in Washington.
What happens if a Washington employer violates the Fair Chance Act?: If an employer violates the Fair Chance Act — for example, by asking about criminal history on an application or before a conditional offer — you can file a complaint with the Washington State Attorney General's office. Employers who violate the law may face enforcement action and penalties.
Does the $20,000 salary threshold really matter?: In practice, no. The $20,000 threshold (RCW 19.182.040) was set when the law was originally enacted and has not been updated. Very few positions pay below this amount, so the 7-year lookback limit on convictions applies to almost no one. The real protection for Washington workers comes from the Fair Chance Act and the conviction vacation process, not the salary-based lookback.

Washington Resources

Washington State Patrol — WATCH Criminal History
Washington's online criminal history system. You can check your own criminal history record here.
Washington State Attorney General — Fair Chance Act
Information about the Fair Chance Act, employer obligations, and how to file complaints about violations.
Northwest Justice Project
Washington's largest provider of free civil legal aid, including assistance with conviction vacation petitions and employment rights.
Washington State Department of Commerce — Reentry Resources
Reentry programs, housing resources, and employment assistance for people with criminal records in Washington.
TeamChild / Columbia Legal Services — Record Sealing
Legal services organizations that assist with juvenile and adult record sealing and vacation in Washington.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Washington for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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