What happened?
On April 21, 2025, Governor Bob Ferguson signed House Bill 1747 into law, expanding its Fair Chance Act to expand protections for job applicants and employees with criminal records.

Overview:
The law applies to most employers and introduces new requirements for how and when criminal history can be considered in hiring and employment decisions. The employers that this law does not apply to those defined under RCW 49.94.010(4), which will be changed to subpart (7) when the bill is codified.

Amendment Summary:

• Timing of Criminal History Inquiries
  
  • Employers may only ask about or consider criminal history after making a conditional job offer.
  • Job postings cannot include language that excludes individuals with criminal records.

• Restrictions on Use of Criminal Records
  
  • Arrest records and juvenile convictions cannot be used in employment decisions.
  • Adult conviction records may only be considered if the employer has a documented legitimate business reason.

• Legitimate Business Reason Criteria Employers must assess and document:
  
  • The seriousness and relevance of the offense.
  • Number and types of convictions.
  • Time since the conviction (excluding incarceration).
  • Evidence of rehabilitation, good conduct, work experience, education, and training.
  • The duties and context of the job.

• Pre-Adverse and Adverse Action Process
  
  • Employers must notify individuals of the specific record being considered.
  • Must allow at least two business days for the individual to respond or provide additional information.
  • Final decisions must include a written explanation of the employer’s reasoning and assessment of relevant factors.

• Training and Policy Updates Employers Should:
  
  • Update job applications, hiring forms, and background check procedures.
  • Train staff involved in hiring and background checks.
  • Review and revise internal and external communications about hiring practices.

• Disclosure Requirement If a background check is mentioned in a job posting, employers must provide a written summary of the law and a copy of the Attorney General’s Fair Chance Act guide.

• Penalties for Non-Compliance
  
  • 1st violation: Up to $1,500
  • 2nd violation: Up to $3,000
  • Subsequent violations: Up to $15,000
  • Penalties apply per affected individual.

• Exceptions Certain roles are exempt, including:
  
  • Positions with unsupervised access to children or vulnerable adults.
  • Jobs requiring background checks by law.
  • Federal contracts that prohibit hiring individuals with criminal records.

Source References

• WA HB 1747

Resources

• WA Fair Chance Act – Form Copy for Attorney General

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