What Employers Need to Know

This guide explains Washington's expanded Fair Chance Act requirements under HB 1747 and the existing Ban the Box framework under HB 1298. It covers who must comply, when, what is required at each stage of the hiring process, and how Verified First supports — but does not own — your compliance obligations.

Verified First is a Consumer Reporting Agency under the FCRA. It is not your legal counsel and cannot advise you on your specific compliance obligations. The information in this guide is provided as general educational guidance only. Please consult qualified legal counsel before implementing or modifying your hiring practices.
 

1. Washington HB 1747 — Fair Chance Act expansion

Washington Governor Bob Ferguson signed HB 1747 (Chapter 71, 2025 Laws) on April 21, 2025, making significant amendments to Washington's Fair Chance Act (RCW Chapter 49.94). The law is already enacted. The dates below are employer compliance deadlines, not the law's effective date.
 

Compliance effective dates

The July 1, 2026 deadline is days away. If you have 15 or more employees and have not yet reviewed your hiring policies, application forms, adjudication criteria, and pre-adverse/adverse action notice workflows, that review should happen now. Waiting until after the deadline means operating out of compliance from day one.
 

2. Core requirements

Mandatory conditional offer before any criminal inquiry

You may not ask about an applicant's criminal record — on an application, in an interview, through a recruiter, or by ordering a background check — until after you have extended a conditional offer of employment. This applies at every stage of the hiring process.

What this means in practice: Remove all criminal history questions from your job application. Do not ask about criminal history during interviews. Do not order a background check until after a conditional offer has been made and accepted.
 

No categorical exclusion policies

You may not maintain any policy or practice that automatically or categorically excludes applicants based on a criminal record. This includes:

• Job postings that state "no felonies" or similar language
• Internal adjudication rules that automatically decline any applicant with a conviction of a certain type or age
• Screening workflows that flag and remove candidates based on conviction category before any individualized review

Each adult conviction record must be assessed on its own merits, and any decision to take adverse action must be supported by a documented legitimate business reason.

Review your adjudication criteria. If your background check program currently includes automatic decline rules tied to conviction types or timeframes, those rules are not compliant for Washington State hires under HB 1747. This is one of the most common areas where employers are at risk. Consult your legal counsel before the compliance deadline.
 

Prohibited records

You may never take adverse action based on:

• Arrest records — unless the individual is currently out on bail or released on personal recognizance pending trial
• Juvenile conviction records

Verified First does not report arrest records or juvenile convictions on background check reports. This is consistent with our standard reporting policy and PBSA industry best practices.
 

Written notice before the background check

Before you initiate a background check — or immediately if an applicant voluntarily discloses criminal history during an interview — you must provide the applicant with:

• A written disclosure of the relevant Fair Chance Act provisions
• A copy of, or link to, the Washington Attorney General's Fair Chance Act Guide for Employers and Job Applicants

The official AG Fair Chance Act page — which hosts the guide in English and Spanish — is at: atg.wa.gov/fair-chance-act. The guide currently reflects the 2018 law and may be updated to reflect HB 1747's expanded requirements. Always check the link for the most current version before distributing to applicants.

Verified First has a template applicant disclosure document available in the Client Resource Center for your reference. See the Key Resources section at the end of this guide.
 

The two-business-day hold

If you intend to take an adverse action based on an adult conviction record returned in the background check, you must first:

1. Notify the applicant in writing of the specific conviction record being considered
2. Hold the position open for a minimum of two business days
3. Allow the applicant a reasonable opportunity to respond — including to correct any inaccuracy in the record, or to provide information about rehabilitation, good conduct, work experience, education, or training

Important — FCRA timing interaction: The FCRA requires a "reasonable period of time" between your pre-adverse action notice and your final adverse action notice. FTC guidance and case law treat five business days as the recognized safe harbor for that federal requirement. HB 1747's two-business-day hold is the state minimum — it does not displace the FCRA. If you are combining both notices into a single workflow, observing the five-business-day window would be the more protective standard. Consult your legal counsel on your specific notice approach.
 

Written decision required

If you proceed with adverse action after the hold period, you must provide the applicant with a written decision that specifically documents:

• The impact of the conviction on the specific position or your business operations
• The nature and severity of the offense
• The time elapsed since the conviction
• Your consideration of any rehabilitation, good conduct, work experience, education, or training information the applicant provided

The written decision does not need to be a standalone document — it can be incorporated into your final adverse action letter. However, it must substantively address each required factor with specificity as applied to this individual and this conviction. A general statement that the conviction was "reviewed and found relevant" will not satisfy the requirement.

Have your legal counsel review your adverse action letter template before use to confirm it addresses all required factors under HB 1747.
 

Voluntary disclosure

If an applicant voluntarily discloses criminal history information during an interview — before a conditional offer has been made — you must immediately provide that applicant with written notice of the law's requirements and a copy of the AG's Fair Chance Act Guide. Do not act on voluntarily disclosed information until after a conditional offer has been made and the formal process described above is followed.
 

Exceptions

HB 1747 includes limited, narrowly defined exceptions for certain positions, including:

• Roles with unsupervised access to children or vulnerable adults
• Positions that are required by law to conduct background checks
• Certain federal contractor roles
• Washington law enforcement and criminal justice agencies

These exceptions are fact-specific. Consult your legal counsel to determine whether any of your positions may qualify.
 

3. Step-by-step compliance workflow

The following sequence reflects the required order of steps under HB 1747 for Washington State hiring. Unless otherwise noted, each step is your responsibility as the employer.

1. Remove criminal history questions from applications and job postings. Do not ask about criminal history during interviews.
2. Evaluate qualifications and conduct interviews without reference to criminal history. Determine the applicant is otherwise qualified.
3. Extend a conditional offer of employment. Only after the offer is made may you initiate a background check.
4. Provide the written Fair Chance Act disclosure and the AG Guide before initiating the background check.
5. Order the background check through Verified First. We conduct the report and return results. We do not report arrest records or juvenile convictions.
6. Review the results. If the report contains an adult conviction and you are considering adverse action, do not act yet.
7. Initiate the pre-adverse action notice in the Verified First portal. You must manually click this — it is not automatic. We include the report copy and dispute contact information in the notice. Hold the position open for at least two business days (or five if combining with your FCRA notice).
8. If the applicant responds with context or rehabilitation information during the hold period, review it carefully. This dialogue happens directly between you and the applicant — Verified First does not participate.
9. If proceeding with adverse action, issue the written decision addressing all required factors. Then manually initiate the final adverse action notice in the Verified First portal — this must also be manually triggered by you.
    

4. Division of responsibility

Compliance under HB 1747 is a shared process. Understanding what Verified First handles and what you must handle is essential.

Accuracy disputes vs. context and explanation: These are two distinct processes. If an applicant believes information on their report is factually incorrect, they file a dispute with Verified First and we handle the reinvestigation under FCRA § 611. If an applicant wants to explain the circumstances of a valid record — which is their right during the hold period — that conversation happens directly between you and the applicant. Verified First does not evaluate context, rehabilitation, or mitigating circumstances, and takes no part in any hiring decision.
 

5. HB 1298 — Washington's Ban the Box law

Washington HB 1298 established the statewide framework that preceded HB 1747. It requires employers to delay criminal background checks and conviction record inquiries until after determining the applicant satisfies the basic qualifications for the role.

• Delayed inquiries: Employers must delay all criminal inquiries until the applicant is otherwise qualified for the position.
• No categorical exclusions in job postings: Job advertisements and hiring policies may not automatically exclude applicants with criminal records before evaluating their basic qualifications.

HB 1747 builds on and strengthens this foundation. For employers covered by HB 1747, the conditional offer requirement is the controlling standard — a higher bar than HB 1298's "otherwise qualified" test. Both laws apply, and you must satisfy the more protective requirement.
 

6. Local variations — Washington cities and counties

Stricter local rules may apply depending on where your employees are located or where hiring occurs. Always apply the most protective standard.

7. Penalties for non-compliance

The Washington Attorney General's office enforces HB 1747 and has the authority to impose administrative sanctions and pursue legal action. Penalties are assessed per affected applicant or employee, per violation.

The AG has discretion to waive monetary penalties for first-time or de minimis violations and instead provide education and a notice of violation. Employers who have reviewed and updated their practices before the compliance deadline are in a far stronger position than those who have not.
 

8. Key resources

Legislation in this area changes frequently, and Verified First makes every effort to stay current and notify clients of material changes as they occur. It remains your responsibility to ensure your process complies with all laws applicable to your specific hiring jurisdictions. Use the resources above alongside guidance from your own legal counsel.

This document is provided for general educational purposes only and does not constitute legal advice. Laws and regulations governing background screening and employment vary by jurisdiction and are subject to change. Verified First is a Consumer Reporting Agency under the FCRA. It is not your legal counsel. Please consult qualified legal counsel to ensure your employment screening program is compliant with all applicable federal, state, and local laws.

© Verified First, LLC. For client distribution with appropriate licensing only. Version 1.0 | June 2026