Washington State Background Screening Requirements for Employers

Employers in Washington State who use background checks as part of their hiring process must comply with the federal Fair Credit Reporting Act (FCRA) as well as state-specific laws that provide additional protections for job applicants. Washington imposes requirements around disclosure, authorization, adverse action, and limits on what types of criminal records may be used in employment decisions.

This guide explains Washington’s key employment background screening laws and how Personnelgraph helps employers maintain full compliance with both state and federal regulations.

Key Washington State Background Screening Regulations

1. Washington’s Fair Credit Reporting Act (RCW 19.182)

Washington has its own version of the FCRA that mirrors many federal requirements but adds additional obligations for employers and consumer reporting agencies.

Employers must:
Provide a clear written disclosure that a consumer report will be used for employment purposes.
Obtain written authorization from the applicant before initiating a background check.
Notify the applicant if adverse action is taken based on the results.
Personnelgraph ensures these steps are completed through automated disclosures and electronic signatures.

2. Washington “Ban the Box” Law (RCW 49.94)

Washington prohibits employers from inquiring about criminal history until the applicant has advanced in the hiring process.

Employers may not:
Ask about criminal history on an initial job application.
Advertise job postings that exclude applicants with criminal records (e.g., “no felons”).
Criminal history may only be considered after:
The employer has determined the applicant is otherwise qualified for the position.

Personnelgraph supports this process by allowing employers to initiate background checks only after conditional qualification is established.

3. Limits on Use of Criminal Records

Washington State restricts how employers can use certain types of criminal history.

Non-conviction arrests - Cannot be used in employment decisions
Expunged, sealed, or vacated records - Not reportable or usable
Misdemeanors and convictions older than 7 years - Typically cannot be reported unless applicant salary is expected to be $100,000 or more

Personnelgraph automatically filters out records that are not legally reportable under Washington law.

4. Individualized Assessment

Employers must evaluate criminal records using a fair and job-related analysis, considering:
The nature and gravity of the offense
The time elapsed since the conviction
The nature of the job and its responsibilities

Washington law encourages rehabilitation and prohibits automatic disqualification unless the conviction is directly related to job duties.

5. Adverse Action Requirements

If an employer intends to deny employment based on a background check, Washington law (in alignment with federal FCRA) requires:

Step 1: Pre-Adverse Action Notice
Must include:
A copy of the background report
A summary of applicant rights under FCRA and Washington law
An explanation that the applicant has the right to dispute the information

Step 2: Waiting Period
Employers must give the applicant a reasonable opportunity to respond with corrections or evidence of rehabilitation.

Step 3: Final Adverse Action Notice
Issued only after consideration of applicant response.
Personnelgraph provides automated workflows and notices for each step of the adverse action process.

6. Washington Privacy and Data Retention Requirements

Washington law requires employers to handle background check information confidentially and limits access to individuals involved in the hiring process. Consumer reports may not be stored or distributed beyond what is necessary for employment decisions.

Personnelgraph securely stores reports with restricted access and auditable tracking to meet these requirements.

Washington State enforces strict regulations regarding when and how employers can use background checks during the hiring process. Employers must obtain proper authorization, follow procedural rules, and ensure criminal history is evaluated fairly and only when job-related.

With Personnelgraph, Washington employers can conduct background screening with confidence, knowing every step is compliant with state law and federal FCRA requirements.