On 04/10/2025, the State of Washington passed a law that amends the current Fair Chance Act. Effective July 01, 2026 the law will impose further restrictions on employers using criminal record information to make hiring decisions.
Under the law, the amended FCA requires employers to provide applicants with (1) a written notice summarizing the FCA and (2) a copy of the Attorney General’s Fair Chance Act Guide when either
- the employer informs an applicant that the position will be subject to a post-offer criminal history background check before extending a conditional offer; or
- an applicant voluntarily discloses information about their criminal history during a job interview.
The Washington Attorney General has released a “Guide for Employers and Applicants” that can be used to meet these requirements:
https://www.atg.wa.gov/fair-chance-act
This law will require a review of the hiring process in place and may require changes to that process. Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.
It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.