Washington state has significantly expanded its Fair Chance Act through legislation enacted during the 2025 legislative session (EHB 1747), which is now codified at RCW 49.94 (Amended Fair Chance Act). Signed by Governor Bob Ferguson, the Amended Fair Chance Act imposes substantially more demanding requirements on Washington employers when inquiring about criminal history, conducting criminal background checks, and making employment decisions based on criminal history.
The new requirements take effect 1 July 2026 for employers with 15 or more employees and 1 January 2027 for employers with fewer than 15 employees.
In 2018, Washington enacted the original Fair Chance Act, which is commonly known as the “ban the box” law. The Fair Chance Act prohibited employers from inquiring into or conducting criminal background checks on applicants until the employer had determined that the applicant was “otherwise qualified” for the position. The 2018 law also banned job postings that categorically excluded applicants with criminal histories. Those foundational provisions remain in effect and are now supplemented by the 2025 amendments discussed below.
Employers with employees in Seattle have been subject to Seattle’s Fair Chance Employment Ordinance (Seattle Ordinance) since 2013, which already imposed restrictive rules regarding the use of criminal records in employment decisions. The Amended Fair Chance Act aligns Washington’s...
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