Washington background check laws
A practitioner-grade reference to Washington pre-employment background screening: lookback caps, ban-the-box scope, salary-history limits, cannabis testing rules, and the statutes the SafestHires compliance team applies on every order routed to WA.
The four levers at a glance
| Lookback period | 7 years (FCRA default) |
| Ban-the-Box scope | Statewide (RCW §49.94) |
| Salary history | Banned (RCW §49.58.100) |
| Cannabis testing | SB 5123 (2024) + SB 5793 (2026) |
Lookback period
Washington applies FCRA. Vacated records under RCW §9.94A.640 must be suppressed.
Ban-the-Box and Fair Chance rules
Employers may not inquire about criminal history before the candidate has been determined otherwise qualified.
Salary history
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.
Cannabis & drug testing
SB 5123 prohibits pre-employment hiring decisions based on a test detecting only non-psychoactive cannabis metabolites. SB 5793, effective March 7, 2026, narrows the safety-sensitive carve-out to roles where impairment poses a substantial risk of death or serious bodily injury.
Governing statutes & references
- RCW §49.94
- RCW §49.58.100
- SB 5123 (2024)
- SB 5793 (2026)
SafestHires compliance note
Pre-employment non-psychoactive metabolite testing prohibited; SB 5793 narrows the safety-sensitive carve-out in 2026.