Washington: Criminal-history checks move to after a conditional offer
Since July 1, Washington employers with 15 or more employees may not ask about criminal history until after a conditional offer.
What changed
Since July 1, Washington employers with 15 or more employees may not ask about criminal history until after a conditional offer. Before acting on an adult conviction, they must name the record and hold the job open at least two business days, then put any adverse decision in writing. The amendments apply to smaller employers January 1, 2027.
What to do
Remove criminal-history questions from applications and run background checks only after a conditional offer. Before withdrawing an offer over a conviction, identify the record, hold the job open two business days, then give a written, documented decision.
Primary source: Washington Attorney General. Part of Compliance Watch, Issue 01 (September 11, 2026). Last reviewed September 11, 2026.
Questions employers ask
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