At-a-Glance Compliance Overview

State Mini-FCRA Laws

Washington maintains a consumer reporting statute that supplements the federal Fair Credit Reporting Act. The law is codified at RCW 19.182, commonly referred to as the Washington Fair Credit Reporting Act.

This statute regulates consumer reporting agencies operating in the state and governs the preparation and use of consumer reports for employment screening.

Key provisions include:

• limitations on the types of adverse information that may appear in consumer reports

• procedural requirements governing the preparation and disclosure of consumer reports

• consumer rights to dispute inaccurate information

• obligations requiring consumer reporting agencies to maintain reasonable procedures for ensuring report accuracy.

Employers using third-party background screening providers must ensure that consumer reports comply with both the federal Fair Credit Reporting Act and Washington’s consumer reporting statute.

Criminal Record Reporting Rules

Washington law imposes reporting limitations on consumer reporting agencies preparing employment background reports.

Seven-Year Reporting Restriction

Under RCW 19.182.040, consumer reporting agencies may not report:

• records of arrest

• indictments

• criminal charges

• criminal convictions

when the information predates the report by more than seven years.

Salary Exception

The seven-year reporting limitation does not apply to employment positions where the annual salary is expected to be $20,000 or more.

Because most employment positions exceed this threshold, criminal convictions are often reportable without time limitation in practice.

Vacated or Sealed Records

Washington allows certain convictions to be vacated or sealed.

Once a conviction is vacated, the individual may lawfully state that they have not been convicted of the offense. Employers should avoid relying on vacated convictions when making hiring decisions.

Consumer reporting agencies should not include sealed or deleted records in employment background reports.

Fair Chance / Ban-the-Box Law

Washington regulates criminal history inquiries through the Washington Fair Chance Act, codified at RCW 49.94.010 et seq.

Employer Coverage

The law applies to most public and private employers operating within Washington.

Criminal History Inquiry Timing

Employers may not:

• include criminal history questions on initial job applications

• ask about criminal history before determining that the applicant is otherwise qualified for the position

• advertise that individuals with criminal records are automatically disqualified from employment.

Employers may inquire about criminal history later in the hiring process after determining that the applicant meets the minimum qualifications for the position.

Upcoming Changes

Legislative amendments will strengthen these requirements beginning in 2026 and 2027, shifting criminal background checks to the post-conditional-offer stage and adding additional notice requirements.

Individualized Assessment

When employers rely on criminal history information in hiring decisions, the law requires employers to evaluate whether the conviction is directly related to the job duties. Applicants must generally be given an opportunity to explain the circumstances of the criminal history before a final hiring decision is made.

Credit Check Restrictions

Washington restricts employer use of consumer credit reports.

The governing statute is RCW 19.182.020.

General Rule

Employers may obtain a consumer credit report only when:

• the information is substantially job related, or

• the employer is otherwise required by law to obtain the report.

Disclosure Requirement

Employers must provide written disclosure explaining:

• the reason the credit report is sought

• how the information relates to the responsibilities of the position.

These restrictions are intended to limit the use of credit reports in employment decisions unless the information is directly relevant to the position.

Cannabis Use and Drug Testing Rules

Washington permits both medical and recreational marijuana use.

Recreational Cannabis

Recreational marijuana became legal under Washington Initiative 502.

Despite legalization, employers may maintain workplace drug policies that prohibit marijuana use during working hours.

Employment Policies

Employers may:

• maintain drug-free workplace policies

• conduct drug testing

• discipline employees who violate workplace substance policies.

Recent legislation restricts certain pre-employment marijuana testing practices for some roles, although employers may continue to conduct testing for safety-sensitive positions.

Pay Equity and Salary History Rules

Washington maintains comprehensive pay equity laws affecting hiring practices and job postings.

Salary History Ban

Under RCW 49.58.100, employers may not seek an applicant’s wage or salary history.

Employers also may not rely on salary history when determining compensation.

Applicants may voluntarily disclose wage history after receiving an offer.

Pay Transparency Requirements

Under RCW 49.58.110, employers with 15 or more employees must include compensation information in job postings.

Job postings must include:

• the wage or salary range for the position

• a description of benefits and other compensation.

These requirements apply to positions that may be performed in Washington, including remote roles.

Local Fair Chance or Screening Ordinances

Several Washington municipalities have adopted additional fair chance hiring requirements.

Seattle

Seattle’s Fair Chance Employment Ordinance restricts how employers may use criminal history in hiring decisions.

The ordinance:

• limits when criminal history may be considered

• requires individualized assessment before adverse action

• requires notice to applicants when criminal history affects hiring decisions.

Spokane

Spokane’s Fair Chance Hiring ordinance (Spokane Municipal Code § 09.02.050) regulates when employers may inquire about criminal history.

Employers may not:

• include criminal history questions on job applications

• conduct criminal background checks

• otherwise inquire about arrest or conviction history

until the applicant has either:

• completed an in-person or video interview, or

• received a conditional offer of employment.

Employers hiring within Spokane city limits must comply with both the statewide Fair Chance Act and the Spokane ordinance.

Record Sealing / Clean Slate Laws

Washington allows certain criminal records to be vacated, sealed, or deleted.

When a conviction is vacated:

• the conviction is removed from the individual’s criminal history

• the individual may lawfully state that they have not been convicted of the offense.

Courts may also seal certain non-conviction records.

Consumer reporting agencies should not include vacated, sealed, or deleted records in employment background reports.

Key Statutes

• Washington Fair Chance Act — RCW 49.94.010 et seq.
• Washington Consumer Reporting Act — RCW 19.182
• Consumer Report Reporting Restrictions — RCW 19.182.040
• Credit Report Use Restrictions — RCW 19.182.020
• Equal Pay and Opportunities Act — RCW 49.58.100
• Pay Transparency Requirements — RCW 49.58.110
• Marijuana Legalization — Washington Initiative 502

Employer Compliance Checklist

Employers conducting background checks in Washington should implement several compliance practices.

Delay criminal history inquiries until applicants are otherwise qualified for the position and prepare for upcoming post-offer inquiry rules.

Apply the Washington seven-year reporting rule when preparing consumer reports unless the salary exception applies.

Limit use of consumer credit reports to situations where the information is substantially job related.

Include wage ranges and benefits information in job postings where required.

Ensure compliance with local fair chance ordinances in Seattle and Spokane.

Verify that background screening providers exclude vacated, sealed, or deleted records from employment reports.