On April 21, 2025, Governor Bob Ferguson signed House Bill 1747 into law, introducing important updates to Washington’s Fair Chance Act. These changes impose stricter regulations on the use of criminal history in hiring and employment decisions, with a phased implementation timeline for employers based on company size.
Compliance Timeline
Employers with 15 or more employees must comply with the act beginning July 1, 2026. Employers with fewer than 15 employees must comply starting January 1, 2027.
Key Provisions of HB 1747
- Prohibition on Early Criminal History Inquiries
Employers are prohibited from inquiring about an applicant’s criminal history or conducting background checks until after a conditional job offer has been made.
- Restrictions on Considered Records
Only adult conviction records can be used in employment decisions. Arrest records and juvenile convictions are excluded from consideration.
- Requirement of a Legitimate Business Reason
Employers must document a legitimate business reason before taking adverse action based on an applicant’s criminal history. Factors to consider include:
- The seriousness and relevance of the offense.
- The number and types of convictions.
- Time elapsed since the conviction, excluding incarceration.
- Evidence of rehabilitation, good conduct, and job qualifications.
- The duties and responsibilities of the role in question.
- Pre-Adverse Action Process
Employers are required to provide written notice of a potential adverse action, allowing applicants at least two business days to respond with additional context or to correct inaccuracies.
- Increased Penalties for Non-Compliance
Violations of the act result in escalating monetary penalties:
- First violation: $1,500
- Second violation: $3,000
- Subsequent violations: $15,000
Employer Action Steps
Employers in Washington must assess their hiring practices and ensure compliance with the updated Fair Chance Act. Key steps include:
- Revising job applications to remove inquiries about criminal history.
- Training hiring personnel on the new requirements.
- Implementing procedures to document legitimate business reasons for adverse actions.
For further details, refer to the full text of the enacted bill: Engrossed House Bill 1747.
Employers are encouraged to consult legal counsel to ensure full compliance with the updated provisions of Washington’s Fair Chance Act.
