Washington background check laws for employers (2026): what you can check and when

Washington adds three layers to the federal Fair Credit Reporting Act for employer background checks. Its own consumer reporting law, RCW 19.182, requires notice before a report is ordered and a description of state rights plus a chance to respond before any adverse action. The Fair Chance Act, RCW 49.94, bars criminal history checks until after a conditional offer and bars decisions based on arrests or juvenile records. Credit checks are limited to job-related reasons given in writing. All of this is as of October 2026.

This page puts the Washington-specific pieces in one place: what screening companies may report, how far back they can go, which records are off limits, which jobs need fingerprint checks, and what Seattle and Spokane add. The federal steps themselves are in our FCRA background check process guide, and the full Fair Chance Act, including its 2025 amendments, is in Washington's ban-the-box law. This page summarizes those and covers the rest.

Washington background check rules at a glance

What does Washington require on top of the federal FCRA?

Washington has its own Fair Credit Reporting Act, chapter 19.182 RCW, and it applies to employment reports. Under RCW 19.182.020(2)(a), before ordering a consumer report on an applicant you must either give "a clear and conspicuous disclosure" in writing that a report may be obtained, or have the applicant authorize it. The state statute says the disclosure "may be contained in a written statement contained in employment application materials," which is looser than the federal stand-alone document rule. The federal rule still applies, so use the stand-alone federal disclosure and authorization and you satisfy both.

For current employees, subsection (2)(b) requires written notice, given at any time after hire, that consumer reports may be used for employment purposes. A statement in an employee handbook counts.

The extra step before adverse action

RCW 19.182.020(2)(d) is the part most multi-state templates miss. Before taking adverse action "based in whole or part on the report," you must give the applicant or employee:

1. the name, address and telephone number of the screening company;
2. "a description of the consumer's rights under this chapter pertaining to consumer reports obtained for employment purposes"; and
3. "a reasonable opportunity to respond to any information in the report that is disputed by the consumer."

In practice this goes in the pre-adverse action packet, alongside the copy of the report and the federal summary of rights. Ask your screening company for its Washington rights notice rather than drafting one.

Investigative consumer reports

If the screening company will interview people about the candidate's character, reputation or way of living, RCW 19.182.050 requires a written disclosure mailed or delivered no later than three days after the report is first requested, stating the right to ask for more detail and including a written summary of rights. If the candidate asks in writing, a description of the nature and scope of the investigation is due within five days. The statute exempts reports for a job the person has not specifically applied for.

How far back can a Washington background check go?

RCW 19.182.040 bars screening companies from reporting "records of arrest, indictment, or conviction of an adult for a crime" that predate the report by more than seven years from disposition, release or parole, along with other adverse items older than seven years. The exception is wide: the limit does not apply to a report used for "the employment of an individual at an annual salary that equals, or that may reasonably be expected to equal, twenty thousand dollars or more." Most full-time jobs clear that figure. The federal FCRA's own threshold for its seven-year limit on arrests and other non-conviction items is $75,000 (15 U.S.C. § 1681c).

Two items have no salary exception at all:

• Juvenile records may not be reported when the subject is 21 or older (RCW 19.182.040(1)(f)).
• Medical debt may not be reported (RCW 19.182.040(1)(g)).

Whether a state rule like this binds a screening company also depends on how far the federal FCRA lets states regulate report contents. Ask your screening company how it applies RCW 19.182.040 rather than assuming either way.

Can a Washington employer ask about arrests, juvenile or vacated records?

Arrests. The Fair Chance Act bars any "tangible adverse employment action based on an applicant's or employee's arrest record or juvenile conviction record" (RCW 49.94.010(4)). The only exception is an adult arrest where the person is out on bail or released on personal recognizance pending trial. The Human Rights Commission's pre-employment inquiry rule, WAC 162-12-140, adds that any arrest inquiry must ask whether charges are pending, were dismissed, or led to a job-related conviction within the last ten years, and treats conviction questions as justified only if they relate reasonably to the job and fall within ten years. Employers responsible for children or vulnerable adults are exempt from that rule.

Vacated convictions. Once a court vacates a felony conviction, RCW 9.94A.640(4)(a) says that "for all purposes, including responding to questions on employment applications," the person "may state that the offender has never been convicted of that crime," and the State Patrol and local police may not disclose it except to criminal justice agencies. Misdemeanors can be vacated under RCW 9.96.060.

Where records come from. Under RCW 10.97.050, conviction records "may be disseminated without restriction," while non-conviction data is restricted to criminal justice and other listed purposes. That is why a state repository check shows convictions but not dismissed charges.

When can you ask about criminal history in Washington?

Not until after a conditional offer. RCW 49.94.010(1) bars any application question, oral or written inquiry, or background check until the employer "initially determines that the applicant is otherwise qualified for the position and makes an offer of employment conditioned on obtaining the applicant's criminal record." Before an adverse action based on an adult conviction, the employer needs a legitimate business reason, must identify the record relied on, hold the job open "for a minimum of two business days," and give a written decision documenting its reasoning. The Attorney General's Office says the 2025 amendments took effect on July 1, 2026 for employers with 15 or more employees and take effect on January 1, 2027 for smaller ones. Details, exceptions and scripts are on our Washington ban-the-box page.

Can Washington employers run credit checks or ask about pay history?

Credit checks are allowed only in limited cases. RCW 19.182.020(2)(c) bars procuring a report with information on "creditworthiness, credit standing, or credit capacity" unless it is "substantially job related and the employer's reasons for the use of such information are disclosed to the consumer in writing," or is required by law. Our credit check laws guide compares Washington with other states. Salary history is off limits: RCW 49.58.100 bars seeking it from the applicant or a current or former employer; see Washington's salary history ban.

Which Washington jobs require fingerprint background checks?

• Schools. School districts, educational service districts and their contractors must run a Washington State Patrol and FBI record check, including "a fingerprint check," before hiring employees who will have regularly scheduled unsupervised access to children or persons with developmental disabilities. Applicants may work conditionally pending results (RCW 28A.400.303).
• Licensed child care. New employees and others with unsupervised access to children must be fingerprinted for a State Patrol and FBI check; the department issues a clearance card or certificate valid for five years (RCW 43.216.270).
• Long-term care workers. All must pass state and federal background checks, with fingerprints for workers hired on or after January 7, 2012, and the department may not pass the cost to workers or their employers (RCW 74.39A.056).

These jobs are also the main exception to the Fair Chance Act, which does not apply to hiring someone who will have unsupervised access to children under 18 or to vulnerable adults or persons (RCW 49.94.010(7)).

Do Seattle and Spokane add anything?

Seattle. The city's Fair Chance Employment Ordinance, SMC chapter 14.17, has applied since November 1, 2013 and is enforced by the Office of Labor Standards. It bars categorical exclusions in ads, limits criminal history questions and background checks until after an initial screening, requires a legitimate business reason to deny a job based on a conviction, and requires a chance to explain or correct the record. It does not apply to jobs with unsupervised access to children under 16, people with developmental disabilities or vulnerable adults. In practice the state's later conditional-offer rule now sets the timing.

Spokane. SMC 09.02.050 bars "no felons" style ads, bars criminal history questions or checks before an in-person, phone or video interview or a conditional offer, and, since a 2025 amendment, bars rejecting an applicant solely because they lack a fixed address or are unhoused, unless housing status has a legitimate relation to the job. Exceptions for jobs with unsupervised access to children and vulnerable people are in SMC 09.02.040, and violations are civil infractions (SMC 09.02.070).

What this means for staffing agencies

• You are the employer under the Fair Chance Act. RCW 49.94.005 names temporary staffing agencies and job placement, referral and employment agencies, so your own screening must wait for a conditional offer.
• Refuse "no records" instructions. A client rule that categorically excludes people with records is barred by RCW 49.94.010(3); record the conversation.
• Agree who sends which notice. The Washington rights description, the federal pre-adverse packet and the Fair Chance two-business-day hold all have to come from whoever decides. Put it in the client contract.
• Keep records out of notes. See what not to write in interview notes.

A Washington background check checklist

1. No criminal history question on the application, in screens or in ads; no "no felons" wording, including in Spokane postings.
2. Conditional offer made and documented before ordering any criminal check.
3. Federal stand-alone disclosure and written authorization signed; investigative report notice within three days if references or acquaintances will be interviewed.
4. Credit check only with a written, job-related reason given to the applicant.
5. Report reviewed only for adult convictions; arrests and juvenile records ignored.
6. Before a decision: report copy, federal summary of rights, Washington rights description, screening company contact details, at least two business days held open, then a written decision covering each factor.
7. For school, child care and long-term care roles, the state fingerprint process run as well as any commercial check.

For other states, see the companion pages on Colorado and Virginia, our background check policy template, and, for pre-employment testing, Washington drug testing laws.