Working With A Record
RCW 49.94.010 — no criminal record inquiry until after a conditional offer, and no blanket exclusions
Not before the offer. An employer may not ask on an application, inquire, or obtain information about an applicant's criminal record until after determining that the applicant is otherwise qualified and making an offer of employment conditioned on the record.
No blanket bans. An employer may not advertise openings in a way that excludes people with criminal records, adopt a policy that automatically excludes everyone with a record from a position, or reject an applicant for not disclosing a record before a conditional offer.
Arrests, juvenile records, and convictions. An employer may not take a tangible adverse action based on an arrest record or juvenile conviction record, or solely on an adult conviction record without a legitimate business reason. Before acting, it identifies the record relied on and holds the position open for a minimum of two business days so the person can correct or explain it.
Federal rules on background check reports, and the jobs where a law requires a check, are set out elsewhere and are not on this page. Whether a particular employer followed the law is a question for the state's civil rights or labor agency, or a licensed Washington attorney.
Sources for this section (1)
- RCW 49.94.010 — Inquiries into criminal records; adverse employment actions
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.