Under 15 Employees in Washington? New Hiring Rules Start Jan. 1 — What You Can't Ask

Washington's strengthened Fair Chance Act has already applied to larger employers since July 1, 2026. On January 1, 2027, it reaches the rest: employers with fewer than 15 employees. If you run a small shop, café, contracting crew or office in Washington, your job application and background-check routine probably needs changes before the new year.

The dates come from the Washington Attorney General's Fair Chance Act page. Here is what the law says, what it changes about hiring, and a short plan for the two months you have left.

The Two Dates That Matter

The Attorney General's office states that the 2025 amendments (House Bill 1747) take effect:

• July 1, 2026 for employers with 15 or more employees.
• January 1, 2027 for employers with fewer than 15 employees.

If you are close to the line, count carefully and plan for headcount changes. A business that grows from 13 to 16 people would fall under the earlier date. When in doubt, ask an employment attorney how employees are counted for your business.

The Core Rule: Wait Until You've Decided They're Qualified

The central idea is timing. According to the Attorney General, until an employer determines that an applicant is otherwise qualified and makes a conditional offer, it generally may not:

• Ask about criminal records, verbally or in writing.
• Receive criminal history background check results.
• Otherwise obtain criminal record information.
• Use policies that automatically or categorically exclude applicants with criminal records, including rejecting applicants for not disclosing a record.

That means the old habit of putting a "Have you ever been convicted of a crime?" checkbox on an application is a problem under the amended law.

Other Rules Spelled Out

The Attorney General's page also lists these requirements:

• Job applications may not ask about criminal records.
• Job ads may not exclude people with records.
• Employers may not reject applicants based on juvenile conviction records or, with limited exceptions, arrest records.
• Adult conviction records may be used only with a "legitimate business reason." In that case, the employer must give notice, hold the position open for at least two business days, and provide a written decision.

The "legitimate business reason" factors are set out in RCW 49.94.005(6), which the Attorney General's page links to. Read that statute, or have your attorney do so, before you reject anyone because of a conviction.

Who Is Exempt

The law does not apply to every role. The Attorney General lists exclusions, including positions with unsupervised access to children or vulnerable adults, law enforcement positions, and certain federal contract roles. If your business hires for those types of jobs, confirm with counsel whether the exemption fits your specific position.

What This Means for a Small Employer in Practice

Small businesses often run hiring informally: a paper application at the counter, a quick phone call to check a reference, a background-check service ordered before the first interview. The Fair Chance Act changes the order of operations.

A compliant sequence looks like this:

1. Post a job ad that does not exclude people with records.
2. Collect applications with no criminal-history question.
3. Screen on skills, experience and availability.
4. Decide the applicant is otherwise qualified and make a conditional offer.
5. Only then ask about, or run, a criminal background check.
6. If a conviction is a concern, apply the legitimate-business-reason test, give notice, hold the job open at least two business days, and put your decision in writing.

Your Pre-January Checklist

• Rewrite your application. Remove any criminal-history question, including the checkbox and any "explain" line. Check online forms and third-party hiring platforms too.
• Scrub job ads. Delete phrases that exclude people with records, such as "no felons" or "clean background required."
• Move your background check. If a screening vendor runs checks at application, change the order so results are not received until after a conditional offer.
• Train everyone who interviews. The rule covers verbal questions, so a casual "any trouble with the law?" in an interview counts.
• Create a written process. Document the steps for a conviction-based decision: notice, the two-business-day hold, and a written decision.
• Keep notes on legitimate business reasons. If you do reject someone based on an adult conviction, write down why the record relates to the job.

Where to Get Help or Report Problems

The Attorney General's office accepts questions and complaints at fairchancejobs@atg.wa.gov and (833) 660-4877, and through an online complaint form. Its page does not describe penalty amounts, so check the statute or ask counsel what exposure applies if an applicant files a claim.

Related Housekeeping for New Hires

If you are tightening your hiring process anyway, this is a good moment to confirm the basics. Make sure each worker is classified correctly; our guide on independent contractor vs employee explains the differences. Confirm your business is properly registered with a current business license, and that your EIN information is up to date for payroll. Some employers also review business insurance options when they update hiring practices.

The Bottom Line

For employers with fewer than 15 workers in Washington, the date to circle is January 1, 2027. The fix is mostly procedural: change the application, change the ad, and move the background check to after a conditional offer. Do it in November, while hiring is slow enough to test the new process.

This article is for general information and is not legal advice. Source: Washington State Attorney General's Fair Chance Act page. Consult an attorney about your specific situation.

Photo by Mina Rad on Unsplash