Washington's New Hiring Law Could Reshape Criminal Background Checks
Washington HB 1747, advancing through the legislature, would create some of the nation's strictest criminal background check regulations for employers. The bill delays when criminal history inquiries can be made and restricts how conviction history affects hiring decisions, potentially transforming hiring practices for businesses statewide.
Washington employers may soon face some of the nation’s toughest restrictions on criminal background checks. House Bill 1747, currently advancing through the legislature, would impose significant changes on how employers handle criminal background checks—delaying when inquiries can be made and restricting how conviction history factors into hiring decisions. If signed into law, this bill would introduce sweeping compliance requirements and reshape hiring practices, creating far-reaching implications for businesses statewide
Washington’s Fair Chance Hiring Law in a National Context
Since 2018, Washington has embraced fair chance hiring, prohibiting employers from inquiring about an applicant’s criminal record until they have determined that the applicant meets the basic qualifications for the position. HB 1747 pushes that boundary further, aligning Washington with jurisdictions such as California, New York City, and Philadelphia, where employers must wait until a conditional offer has been extended before assessing an applicant’s criminal record. For Washington employers, this change adds new compliance obligations and demands a more structured hiring process to avoid liability.
Washington’s proposed law isn’t happening in a vacuum. Across the country, lawmakers are strengthening fair chance hiring laws to expand employment opportunities for individuals with past convictions. The state is one of at least eight, including Texas, considering new or expanded fair chance hiring laws this year. Nearly 50 jurisdictions have already enacted "ban the box" laws restricting when private employers can inquire about criminal history. If HB 1747 is enacted, Washington would stand among the most restrictive states for criminal history inquiries, further signaling the nationwide shift toward reducing employment barriers for individuals with prior convictions.
Delaying Background Checks Until After a Conditional Offer
At the heart of HB 1747 is a fundamental shift in when and how employers can evaluate a candidate’s criminal history. Employers would be prohibited from asking about criminal history or conducting a background check until after extending a conditional job offer. This goes beyond the current law, which allows employers to inquire about an applicant’s criminal record after confirming they meet basic job qualifications.
For many businesses, this means restructuring hiring workflows. Background screening, typically conducted in the early stages of hiring, would now occur only after an offer has been made. This change reflects a broader legislative trend designed to reduce barriers to employment for individuals with past convictions, while also increasing compliance risks for employers that fail to adhere to the new requirements.
Stricter Rules on Using Criminal Records in Hiring Decisions
While shifting the timing of background checks is a significant change, HB 1747 also redefines how employers may use criminal records in employment decisions. Under the bill, employers would be prohibited from taking adverse action—such as rescinding a job offer—based on an arrest record or juvenile conviction.
For adult conviction records, the law imposes new hurdles. Employers must now prove a legitimate business reason for making an adverse decision. This means employers must assess and document the specific impact of a conviction on the position before deciding to withdraw an offer. Factors in this assessment include:
The severity of the offense,
The time elapsed since the conviction, and
Any evidence of rehabilitation, education, or work history.
Simply assuming that a conviction disqualifies a candidate is no longer enough. Employers must demonstrate how the conviction directly affects the candidate’s ability to perform the job and maintain documentation in case of legal scrutiny.
A Mandatory Waiting Period and Written Justifications
Employers will no longer be able to make immediate hiring decisions based on criminal history. HB 1747 introduces a mandatory waiting period before finalizing an adverse hiring decision. Once a candidate is informed that a conviction may impact their employment, the employer must hold the position open for at least two business days, allowing the applicant to respond, clarify, or dispute the record.
If the employer proceeds with an adverse decision, they must provide a written explanation outlining:
The specific conviction considered,
The reasoning behind the decision, and
The mitigating factors reviewed in the assessment.
For employers, this creates an additional compliance step that requires clear documentation and internal review processes before rejecting an applicant based on criminal history. Failure to adhere to these requirements could lead to fines and legal challenges.
New Protections for Current Employees
HB 1747 does not just apply to job applicants. For the first time, Washington employers would be prohibited from taking adverse action against current employees based on an arrest or juvenile conviction record. This means an employer could not fire, demote, or discipline an employee simply because of an arrest that did not lead to a conviction.
When it comes to adult convictions, employers still have some discretion, but only if they can demonstrate a job-related reason for taking action. This expansion of protections makes it more difficult for employers to use criminal history as a basis for employment decisions, even after an individual has been hired.
Challenges for Employers
While HB 1747 aims to expand job opportunities for individuals with criminal records, the bill also presents new challenges for employers. Delaying background checks until after a conditional job offer may increase hiring costs if employers later determine that an applicant does not meet suitability requirements. The new mandate for individualized assessments and written justifications adds administrative burdens, requiring HR teams to document each decision thoroughly. Additionally, businesses with multi-state operations may need to adjust hiring practices to ensure compliance across multiple jurisdictions, particularly as other states introduce their own fair chance hiring laws. Employers may also face increased risks of litigation if they fail to properly document hiring decisions under the new law. Without clear internal policies, organizations could find themselves vulnerable to claims of unfair hiring practices, further underscoring the need for a structured compliance approach.
Steeper Penalties for Noncompliance
Employers that fail to comply with HB 1747 face significantly higher financial penalties. Washington’s current Fair Chance Act starts with a warning for first-time violations and a maximum fine of $1,000 for repeat offenses. HB 1747 dramatically increases these penalties, imposing:
Fines of up to $1,500 per affected individual for a first violation,
Up to $3,000 per affected individual for a second violation, and
Up to $15,000 per affected individual for subsequent violations.
These penalties apply per job applicant or employee, significantly increasing the financial risk for employers that violate the law. The Washington Attorney General would also gain broader enforcement powers, including the ability to pursue damages, unpaid wages, and attorneys’ fees on behalf of impacted applicants and employees.
For businesses operating in Washington, noncompliance could lead to substantial legal and financial consequences, making it essential to assess current hiring practices in preparation for potential changes.
Preparing for HB 1747: What Employers Should Do Now
Now is the time for employers to assess their hiring policies. Reviewing job applications, interview questions, and background screening workflows—particularly the adverse action process—ahead of time will help organizations prepare for a smooth transition should HB 1747 become law. Employers should also ensure hiring managers are trained on individualized assessments and understand the documentation requirements for making hiring decisions based on criminal records. Strengthening internal processes now will help mitigate compliance risks and streamline the transition if the bill passes.
While no immediate changes are required, proactive planning will help businesses avoid penalties, maintain compliance, and ensure a fair and legally sound hiring process. Employers that prepare now will be better positioned to navigate the evolving regulatory landscape and avoid costly missteps
Parting Thoughts
The push for fair chance hiring isn’t unique to Washington. Across the country, policymakers are rethinking how criminal history should factor into employment decisions. HB 1747 is part of a broader movement aimed at ensuring past convictions do not create lifelong barriers to employment.
As the bill moves through the legislative process, Washington employers may want to monitor developments closely and assess how changes could impact their hiring practices. With fair chance hiring gaining momentum nationwide, HB 1747 could set a precedent for other states. Employers that proactively assess their compliance strategies will be better positioned to navigate this evolving regulatory landscape while maintaining a legally sound hiring process.
Release Date: March 17, 2025
Alonzo Martinez
Alonzo Martinez is Associate General Counsel at HireRight, where he supports the company’s compliance, legal research, and thought leadership initiatives in the background screening industry. As a senior contributor at Forbes, Alonzo writes on employment legislation, criminal history reform, pay equity, AI discrimination laws, and the impact of legalized cannabis on employers. Recognized as an industry influencer, he shares insights through his weekly video updates, media appearances, podcasts, and HireRight's compliance webinar series. Alonzo's commitment to advancing industry knowledge ensures HireRight remains at the forefront of creating actionable compliance content.