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Legislators in the State of Washington are considering a bill that could change how employers may consider criminal records during the hiring process.

House Bill 1747

Washington’s House Bill 1747 (HB1747) was approved by the Senate in April 2025. The proposed law, which would regulate how and when employers may consider criminal records for employees and applicants, is expected to be signed and go into effect on July 27, 2025. This would expand the state’s Fair Chance Act of 2018.

Assuming that happens, covered organizations will not be permitted to ask whether the candidate has a criminal record on their job applications. They'll also be disallowed from inquiring about an applicant's criminal history orally or in writing until after they determine the person is otherwise eligible for hire.

The law would prohibit employers from including content on advertisements that indicates a person will not be hired if they have any type of criminal record. Therefore, job postings could not contain verbiage like “no felons” or “persons with a criminal background need not apply.”

Limitations On Adverse Actions

HB1747 states that employers may not reject a candidate because they didn't disclose a criminal record before receiving a conditional offer. They would also be prohibited from carrying out adverse employment actions based exclusively on a job seeker’s arrest or juvenile conviction record.

In general, employers would not be permitted to take adverse actions simply because a candidate has a criminal record. First, they must assess convictions that are returned in a background check and determine whether they indicate the person might pose an undue risk to the business, other workers or public.

If a conviction causes an employer to consider an adverse action, they must first notify the applicant and inform them that an offense might warrant denial of employment based on a legitimate business reason. The candidate must then be granted five business days to respond. If, within that time, they submit a dispute, then they must be granted an additional five days to obtain supporting evidence.

Exceptions

Employers wouldn’t be subjected to HB1747 if they are:

• Hiring for a position that includes access to vulnerable populations, such as children or elderly individuals.
• A financial institution that is expressly permitted by federal or state law to inquire about an applicant’s or employee’s criminal history.
• A law enforcement agency.
• An entity that is required to comply with rules of a self-regulatory organization.
• An employer that has a federal contract which prohibits people with criminal records from working under that contract.

Running Background Checks

There are numerous Second Chance laws in the United States, and they are all intended to help people with criminal records re-enter society and find new opportunities. In each case, employers remain strongly encouraged to run comprehensive background checks. Hiring managers rely on these reports to help them make informed decisions and maintain safe workplaces.

If your business is bringing on employees, volunteers or contractors, please contact us. Our experienced team can help you customize screening packages for any type of position. Based in California, we’re available to assist you Monday through Friday from 5am to 6pm PT.