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Washington employers with at least 15 employees will no longer be able to conduct Pre-Offer Criminal Checks as of July 1, 2026, before a job applicant is extended a conditional offer. This qualifies as a huge expansion of the state’s current Fair Chance Act. So if an interviewer asks you about your criminal record before making an offer, they’re illegally breaking the law — and there are options. Learn what went wrong and what you’ll need to do if it occurs to you.
Quick Facts
| Category | Details |
| Effective date (15+ employees) | July 1, 2026 |
| Valid dates (under 15 employees) | January 1, 2027 |
| Governing law | This is an amended version of the Fair Chance Act (RCW 49.94). |
| What’s banned | Criminal checks and criminal enquiries prior to a conditional offer |
| Enforced by | Washington State Attorney General’s Office |
| Private lawsuits allowed? | No — only the AG can enforce violations |
| The maximum penalty for violating the rules is. | Repeat violations can result in a fine of up to $15,000. |
What’s Actually Changing?
The Fair Chance Act is not new; Washington’s 2018 Fair Chance Act already prohibits employers from conducting criminal background checks pre-hoc. The 2025 updates are much more sweeping.
The new law also explicitly prohibits Pre-Offer Criminal Checks at ALL stages prior to making a conditional job offer. Employers cannot:
- Inquire into criminal history before you make an offer during interviews
- Conduct background checks prior to issuing a conditional offer
- Make it clear to an applicant that if they don’t provide their criminal record, you’re not going to hire them.
- Use blanket policies that automatically exclude applicants with criminal records.
If an interviewer mentions your record before you are hired, you are violating the Amended Fair Chance Act.
Before vs. After: What Changed in Washington Hiring Law
| Category | Original Fair Chance Act (2018) | The Fair Chance Act (2026) is amended. |
| Pre-offer criminal questions | Once “otherwise qualified” has been determined, Banned. | If it is banned completely until a conditional offer |
| Arrest records | No specific protection | May not be based upon: (With limited exception) |
| Adult conviction records | General restrictions | Must be a “legitimate business reason” and have 6 documented reasons |
| Notice before rejection | Not required | A two-business-day predecision notice must be given. |
| Disclosure obligations | None specified | Must provide AG’s Fair Chance Act Guide in response to background check notice. |
| Penalties | Lower | Up to $15,000 for each repeat offence |
What to Do If an Interviewer Asks Too Early
During the interview, when the topic of your past comes up before you are offered a position, here’s how to deal with it:
- Be calm and record the time. Make a mental note (or physical, depending on your preference) of the date, the person who asked the question and exactly what they asked.
- You have the option NOT to answer. It’s OK to redirect, “I would be happy to talk about that later in the process.”
- Document everything afterwards. Log information as it occurs, this is important in the context of complaints.
- Report it. The Washington State Attorney General’s Office is the only entity under the Amended Fair Chance Act to receive complaints.
- Know there’s no private lawsuit option. Do not make an individual complaint against the employer, but the AG can investigate and penalise the employer.
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Why This Matters for Job Applicants
This law gives new power back to Washington job applicants. The days of using criminal records as an initial screening tool are over; employers must first assess your qualifications. Employers are required to be careful to follow a well-documented process before taking any adverse action based on a conviction record, even if a conditional offer is made, and they are required to give a period of time before they may take any adverse action, and they are required to have a written reason to do so.
This is also true of arrest records and juvenile convictions, which now have an almost inviolate bar against their use in hiring decisions.
FAQs
Is a criminal check of the applicant a legitimate question?
No, not before a conditional offer is made. Employers with 15+ employees (Effective July 1, 2026) who conduct Pre-Offer Criminal Checks or ask about criminal history prior to that date are in violation of Washington law.
What if I give a potential employer details of my history in an interview?
If you ask for it, the employer must give you the Attorney General’s Fair Chance Act Guide and a written statement of your rights.
Is this law for everyone who is an employer in Washington?
It will affect employers with 15 or more workers beginning July 1, 2026, and small employers beginning Jan. 1, 2027. There are some exceptions, such as those with unsupervised contact with children or vulnerable adults.
If a conditional offer is made, and a criminal conviction is discovered, what are the next steps?
The employer has to go through a strict notice process and has to record a “legitimate business reason” with six factors and give you a minimum of two business days to respond before taking adverse action.
Key Takeaways
- On July 1, 2026, Pre-Offer Criminal Checks will be prohibited for employers who have 15 or more employees in Washington.
- Criminal history questions can’t come up at all before a conditional job offer.
- The number of convictions found in arrest records or juvenile convictions in juvenile databases is now essentially banned from being used for hiring.
- Violation is not addressed by private lawsuits but by the Attorney General, who can impose penalties of up to $15,000 for each violation.
- If it is you, then write it down and tell someone — you are covered under this new law!
