Updated
Updated · Littler Mendelson PC · Jun 12
Washington State Expands Criminal Record Hiring Limits From July 1, 2026
Updated
Updated · Littler Mendelson PC · Jun 12

Washington State Expands Criminal Record Hiring Limits From July 1, 2026

2 articles · Updated · Littler Mendelson PC · Jun 12

Summary

  • July 1, 2026 marks a major tightening of Washington State’s Fair Chance Act, generally barring employers from asking about criminal history until after a conditional job offer.
  • The amendments also restrict reliance on arrest records and juvenile convictions, and require a legitimate business reason before an employer can act on an adult conviction record.
  • Before adverse action, employers must identify the record at issue, give the applicant or employee time to explain or correct it, and keep the position open during that process.
  • Written explanations and other documentation will be required if adverse action proceeds, while penalties for violations will rise, pushing employers to update screening, notices and training now.
  • The changes fit a broader Seattle-area worker protection push ahead of the 2026 World Cup, even as Belgium takes a stricter privacy-based approach that generally limits employers’ access to criminal record data.

Insights

With conflicting US and EU hiring laws, how can global employers legally conduct background checks?
Do Washington's new hiring rules truly give ex-offenders a fair chance at employment?
As Seattle hosts the World Cup, are its worker protections actually preventing labor trafficking?