Employers in Washington State with fifteen or more employees anywhere must comply, as of July 1, 2026, with the Washington Fair Chance Act (WFCA), RCW 49.94, as amended last year in Engrossed House Bill 1747, which significantly restricts when and how employers may conduct criminal background checks, obtain criminal history information, and consider criminal history in hiring and other employment decisions. Employers with fewer than fifteen employees must comply by January 1, 2027.

Quick Hits

• As of July 1, 2026, employers in Washington State with fifteen or more employees anywhere that inquire about or consider criminal history in employment decisions have significant new requirements under the Washington Fair Chance Act.
• The law applies to all sources of criminal history information.
• The amended law expands protections to current employees.
• The amendments also expand employer obligations to notify employees of their rights.

The WFCA amendments also expand employer obligations to notify employees of their rights.

Key Elements and Exemptions

The WFCA continues to prohibit covered Washington employers from maintaining a policy or practice that automatically excludes applicants with a criminal record. It also retains the prohibition against job advertisements that exclude people with criminal records from applying. For example, statements in job postings like “no felons” or “no criminal background” remain illegal. Both the original law, enacted in 2018, and the amendment...

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