Background check basics for HR in Washington.
Washington background checks: 7 years (fcra default), disclosure and authorization mechanics, and the state statutes that layer on top of FCRA.
What changes in Washington
- Report lookback: 7 years (FCRA default). Washington applies FCRA. Vacated records under RCW §9.94A.640 must be suppressed.
- Ban-the-box: Statewide, conditional-offer rule (RCW §49.94 as amended by E2SHB 1747). The amended Washington Fair Chance Act took effect July 1, 2026 for employers with 15 or more employees, and takes effect January 1, 2027 for employers with fewer than 15. Criminal-history inquiries are deferred until after a conditional offer, a documented individualized assessment is required before any adverse action based on conviction history, and the employer must supply the Washington Attorney General's Fair Chance Act Guide for Employers and Applicants in the circumstances the statute specifies. Arrests, juvenile adjudications, and non-conviction adult records are off-limits. AG enforcement penalties escalate to $500, $750, and $1,000 for first, second, and subsequent violations.
- Salary history: Banned (RCW §49.58.100). Employers may not seek wage-history information. Effective Jan 1, 2023, employers with 15+ workers must disclose pay range and a general description of benefits in postings.
"Review our FCRA disclosure and authorization form for standalone compliance. Focus on Washington."
Ask this in Ask HR AIPractitioner steps for Washington
- Step 1. Use the Washington report lookback correctly: 7 years (FCRA default).
- Step 2. Follow the FCRA §1681b(b)(2)(A) disclosure and authorization rules and layer any WA-specific consent language required.
- Step 3. Respect the Washington ban-the-box trigger (Statewide, conditional-offer rule (RCW §49.94 as amended by E2SHB 1747)) before running any criminal search.
- Step 4. Check WA statutes for expungement, seal, and non-conviction reporting rules and configure the CRA to suppress those records.
Applicable Washington statutes and references
- RCW §49.94 (as amended by E2SHB 1747, 2025)
- RCW §49.58.100
- SB 5123 (2024)
- SB 5793 (2026)
- 15 U.S.C. §1681 et seq. (federal FCRA)
Frequently asked (federal + Washington overlay)
Do I need a separate FCRA disclosure?
Yes. The FCRA requires a clear and conspicuous standalone disclosure — not buried in an employment application — before obtaining a consumer report.
Can I include a liability release in the disclosure?
No. Courts have repeatedly held that adding a liability release voids the disclosure and creates statutory FCRA liability.
How current does authorization need to be?
One valid, written authorization can support future reports if it clearly discloses that possibility; otherwise, get a new authorization each time.
Related Washington topics
- FCRA adverse action in Washington
- Ban-the-Box and Fair Chance hiring in Washington
- Wage and hour in Washington
- Leaves and accommodations in Washington
Same topic in another state
- Background check basics for HR in Alabama
- Background check basics for HR in Alaska
- Background check basics for HR in Arizona
- Background check basics for HR in Arkansas
- Background check basics for HR in California
- Background check basics for HR in Colorado
- See all states
Keep going
- The federal Background check basics for HR guide
- Washington background-check rules
- Compliance checklist
Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.