Washington Ban the Box Law for Employers: What to Know

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Quick answer: Washington's Fair Chance Act (RCW 49.94) applies to all employers regardless of size. Employers may not advertise that people with records are excluded, and may not ask about criminal history or run a criminal background check until after determining the applicant is otherwise qualified. Reveal Background supports that sequence with FCRA-compliant screening.

• Screen for criminal history only after you decide the applicant is otherwise qualified for the job.
• Exceptions exist for roles with unsupervised access to children, vulnerable adults, and some law enforcement or legally mandated checks.
• Federal FCRA steps (disclosure, authorization, adverse action) still apply on top of the state rule.

What does Washington's ban the box law require?

Washington's Fair Chance Act, codified at RCW 49.94, took effect June 6, 2018. It covers private and public employers of any size, as stated in the Washington Legislature's RCW chapter 49.94 (as of November 2026).

An employer may not advertise job openings in a way that excludes people with criminal records. An employer may not ask about criminal history, in an application or in an interview, until it has determined the applicant is otherwise qualified. The same limit applies to requiring disclosure and to running a background check that returns criminal records.

The Washington Department of Labor & Industries enforces the law. Violations can bring civil penalties, so check the current penalty amounts with L&I or counsel.

Which employers and roles are exempt?

The statute carves out specific situations. Confirm each one against the current text of RCW 49.94 before relying on it.

• Positions with unsupervised access to children under 16, people with developmental disabilities, or vulnerable adults.
• Law enforcement agencies and criminal justice agencies.
• Roles where a federal or state law or regulation requires a criminal background check or bars hiring people with certain convictions.
• Certain financial institutions covered by federal deposit insurance rules.

Healthcare, education, and childcare employers should map each job title to an exemption in writing. Do not assume a whole company is exempt.

What is the compliant hiring sequence in Washington?

Follow the order below so that criminal history never influences who gets screened out early.

1. Write job postings without any language excluding people with records, such as "no felons."
2. Remove criminal history questions from applications and first interviews.
3. Evaluate resumes, skills, and licenses against the job requirements.
4. Decide the applicant is otherwise qualified.
5. Give the FCRA stand-alone disclosure and collect written authorization.
6. Order the criminal search through a consumer reporting agency such as Reveal Background's online account, which has no setup fee and charges per report.
7. Review any records against the job, then follow the adverse action steps if you may reject the applicant.

How does the state law interact with the FCRA?

The FCRA (15 U.S.C. 1681) governs how employers use background reports. Per the FTC's guidance for employers on background checks (as of November 2026), you must give a clear written disclosure, get written authorization, and provide a pre-adverse action notice with a copy of the report and the summary of rights before a final decision. A final adverse action notice follows.

The Fair Chance Act decides when you may screen. The FCRA decides how. You must meet both.

Washington vs. federal rules at a glance

Washington Fair Chance Act compared with federal requirements for employers

Topic	Washington (RCW 49.94)	Federal
Timing of criminal inquiry	Only after the applicant is determined otherwise qualified	No federal timing rule for private employers
Job ad language	Cannot exclude people with records	Not addressed by the FCRA
Disclosure and authorization	Applies via federal rule	Required by FCRA
Adverse action process	Applies via federal rule	Pre-adverse and adverse notices under FCRA
Enforcement	Department of Labor & Industries	CFPB, FTC, private lawsuits

How should you evaluate a record once you see it?

The EEOC's enforcement guidance on arrest and conviction records says exclusions should be job-related and consistent with business necessity (as of November 2026). It points to three factors: the nature and gravity of the offense, the time since it occurred or the sentence ended, and the nature of the job.

An arrest without a conviction is not proof of conduct. Give the applicant a chance to explain before a final decision.

Compliance checklist for Washington employers

• Audit job postings and templates for exclusion language.
• Remove criminal history boxes from applications.
• Train recruiters not to ask about records in first interviews.
• Document the date you determined the applicant otherwise qualified.
• Use a stand-alone FCRA disclosure and signed authorization.
• Keep a written exemption analysis for roles with vulnerable-population access.
• Use a pre-adverse action template that attaches the report and the summary of rights.
• Check city rules, since Seattle has its own fair chance ordinance with additional requirements.

What searches can you run after the qualification step?

Reveal Background offers national criminal database, county criminal, federal criminal, sex-offender registry, MVR, SSN trace, and employment and education verification. Most searches return same-day results, though county courts can take longer. For roles that also need drug testing, we coordinate through American Screening Corp.

Frequently asked questions

Does Washington's ban the box law apply to small employers?

Yes. RCW 49.94 applies to employers of any size, public and private, subject to its listed exemptions.

Can I ask about criminal history on the application?

No. You may ask only after determining the applicant is otherwise qualified for the position.

Do I still need FCRA disclosure and authorization in Washington?

Yes. If a consumer reporting agency prepares the report, the FCRA requires a stand-alone disclosure and written authorization, plus adverse action notices.

Who enforces the Fair Chance Act?

The Washington Department of Labor & Industries handles complaints and enforcement, and penalties may apply for violations.

Sources

• Washington Legislature: RCW Chapter 49.94, Criminal Record - Employment
• FTC: Background Checks: What Employers Need to Know
• EEOC: Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions

This article is general information, not legal or medical advice; consult counsel on adverse action and local fair chance rules.