Washington — Hiring & Onboarding

Federal law requires every employer who hires an individual for employment in the United States to complete Form I-9, Employment Eligibility Verification. Employees must complete and sign Section 1 no later than the first day of employment. Employers must complete Section 2 within three business days after the employee's first day of employment, examining original documents from List A (identity and work authorization) or one document each from List B (identity) and List C (work authorization). Employers must retain the completed I-9 for three years after the date of hire or one year after employment ends, whichever is later, and make forms available for inspection by DHS, DOL, or DOJ officials.

Source: USCIS I-9 Central

Washington's Fair Chance Act prohibits employers from inquiring about an applicant's criminal record until after the employer initially determines that the applicant is "otherwise qualified" for the position and makes a conditional offer of employment. This two-step requirement — qualification determination plus conditional offer — took effect through 2025 amendments to the original 2018 law.

Prohibited pre-offer conduct

Employers may not:

• Include any question about criminal history on an application for employment;
• Inquire orally or in writing about an applicant's criminal record;
• Receive information through a criminal history background check; or
• Otherwise obtain information about an applicant's criminal record.

These prohibitions apply until both conditions are satisfied: the employer has determined the applicant is otherwise qualified (meaning the applicant meets the basic criteria for the position as set out in the advertisement or job description without consideration of a criminal record), and the employer has made an offer of employment conditioned on obtaining the applicant's criminal record.

Advertisement restrictions

Employers may not advertise employment openings in a way that excludes people with criminal records from applying. Ads that state "no felons," "no criminal background," or otherwise convey similar messages are prohibited.

Covered employers and phased-in application

The Fair Chance Act applies to employers with 15 or more employees beginning July 1, 2026, and to employers with fewer than 15 employees beginning January 1, 2027.

Statutory exemptions

The Act does not apply to:

• Positions entailing unsupervised access to children under age 18, mentally ill persons, developmentally disabled persons, or other vulnerable adults (RCW 49.94.010(7)(a));
• Employment by a general or limited authority Washington law enforcement agency as defined in RCW 10.93.020 or by a criminal justice agency as defined in RCW 10.97.030(5)(b);
• Any employer, including a financial institution, expressly permitted or required by federal or state law to inquire into an applicant's criminal record for employment purposes; or
• Any entity required to comply with the rules or regulations of a self-regulatory organization, as defined in section 3(a)(26) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78c(a)(26).

Post-offer use of criminal records

Once the employer has made a conditional offer, it may inquire into or obtain information about an applicant's criminal record. If the employer then considers taking an adverse employment action based on that record, it must have a "legitimate business reason" — meaning the employer believes in good faith, based on documented consideration of specific factors, that the nature of the criminal conduct will have a negative impact on the employee's fitness or ability to perform the position, or will harm or cause injury to people, property, business reputation, or business assets. The factors the employer must consider and document include: the seriousness of the conduct underlying the conviction; the time elapsed since the conviction; any verifiable information related to the individual's rehabilitation, good conduct, work experience, education, and training; the specific duties and responsibilities of the position; and the place and manner in which the position will be performed (RCW 49.94.005(6)).

The Act also prohibits employers from automatically or categorically excluding individuals with a criminal record, and bars use of arrest records, juvenile conviction records, or pending charges as a basis for adverse employment action (with limited exception for pending adult records where the individual is out on bail or their own recognizance).

Enforcement

The Washington Attorney General's office enforces the Act. There is no private right of action. Penalties range from education and warnings for first violations to monetary penalties of up to $750 for a second violation and up to $1,000 for each subsequent violation.

Source: RCW 49.94.010 Source: RCW 49.94.005 Source: RCW 49.94.030 Source: 2025 c 71 § 2 (HB 1747) application provision