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.
City-level overlays in Washington
The following city or county ordinances impose additional fair-chance, ban-the-box, or individualized-assessment duties on top of Washington state law. Click through for covered-employer thresholds, timing, adverse-action workflows, and enforcement details.
- SeattleFair Chance Employment Ordinance (SMC 14.17)
- SpokaneSpokane Fair Chance Hiring Ordinance (SMC 09.05)
Frequently asked questions about Washington background checks
How long does a background check take in Washington?
Most SafestHires Washington background checks complete in under 24 hours when the county courts of record are electronic. Manual-access counties in Washington typically add 1–3 business days, and verification-heavy packages (employment, education, professional license) usually land in 1–3 business days end-to-end. See the state-by-state turnaround guide for county-level detail.
What shows up on a Washington employment background check?
A standard Washington employment background check returns an SSN trace and address history, national criminal database scan, sex offender registry, county criminal records for every Washington county lived or worked in during the FCRA lookback window, federal criminal records, and OFAC/global sanctions. Common WA add-ons include employment and education verification, professional license verification, motor vehicle records, and drug screening.
How much does a Washington background check cost?
SafestHires prices Washington background checks per component — no platform fees, no seat licenses, no minimums. A standard county criminal + national database + SSN trace package for Washington typically falls in the $20–$45 range depending on how many WA counties are searched and which add-ons are included. Use the pricing calculator for a WA-specific quote.
Do I need consent to run a background check on a Washington candidate?
Yes. Federal FCRA §1681b(b)(2) requires a stand-alone written disclosure and the candidate's written authorization before any consumer report is procured, and Washington follows that federal baseline. Additional WA-specific disclosures may apply — SafestHires builds the correct Washington disclosure package into every order automatically. See the sample forms library for templates.
Can Washington employers run a Financial Risk Search?
Yes. The SafestHires Financial Risk Search (bankruptcies, civil judgments, and tax liens from public records) is available for Washington hires in fiduciary, finance, cash-handling, and other roles with a documented permissible-purpose need. It is a public-record search — scoped and adverse-actioned like any other component under FCRA §§615 and 604.
How far back can a Washington employer look at criminal records?
Washington applies FCRA. Vacated records under RCW §9.94A.640 must be suppressed.