Washington’s Updated Fair Chance Act Opens Doors to Employment and Economic Stability

This release was originally published by Civil Survival. See the original publication here.

[WASHINGTON STATE] – Thousands of Washingtonians with past criminal records will soon have stronger protections during the hiring process under new updates to the state’s Fair Chance Act, a law aimed to ensure applicants are evaluated based on their qualifications before their record is reviewed. 

Originally passed in 2018, the Washington legislature updated the Fair Chance Act in 2025 to expand accountability and transparency in hiring practices. The updated protections take effect on July 1, 2026 for employers with 15 or more employees and in January 2027 for smaller employers. 

Representative Lillian Ortiz-Self, who sponsored Washington’s original Fair Chance Act in 2018, also championed EHB 1747. 

“For me, it is a matter of justice,” Ortiz-Self said. “I believe strongly in second chances. That means removing barriers to reintegration for those who have served their time and are ready to come back into our communities.” 

Kelly Olson, Policy Manager for Civil Survival, emphasized the human impact of the legislation. 

“As someone with lived experience in the legal system, I know what it feels like to walk into an opportunity already behind,” Olson said. “This law changes that. It doesn’t ask employers to lower their standards. It asks them to get to know you before they count you out.” 

Olson also highlighted the importance of evaluating people beyond a background check. 

“A background check should tell an employer about your past, not replace their chance to learn about your future,” said Olson. “That’s what this law gets right.” 

The law drew support from major national employers, Washington businesses, labor, and national policy experts who see fair hiring not just as the right thing to do, but as smart practice. 

“At Pioneer, we’ve seen firsthand that justice-impacted employees are among our most dedicated and reliable workers,” said Hilary Young, Vice President of Advocacy and Philanthropy for Pioneer Human Services. “Removing unnecessary hiring barriers expands the talent pool, increases retention, and enhances workplace diversity. It is not just the right thing to do. It is smart business.” 

Nan Gibson, Executive Director, JPMorganChase PolicyCenter, who testified in support of the legislation, pointed to the bank’s own experience as evidence that the approach works: 

“JPMorganChase is dedicated to providing a second chance to the one in three Americans with a criminal record so that they can work, support their families, and contribute to their communities. Over the past seven years, the firm has hired more than 23,000 people with low-level records that fit within our regulatory guidelines, where their history had no bearing on the job they were hired to do. This helps more people access opportunity and supports economic growth in the communities we serve.” 

The law requires employers to extend a conditional offer before conducting a background check, ensuring applicants are evaluated on their qualifications first. If a hiring decision is made based on criminal history, employers must give applicants an opportunity to explain, correct, or provide evidence of rehabilitation before a final decision is made, and must provide written documentation explaining how the record relates to the specific position. 

More than one in five adults in Washington State has an arrest or conviction record. This law is a recognition that people are more than the worst moment in their past, and that stable employment is one of the most effective tools for reducing recidivism and building stronger communities. 

For more information on the Fair Chance Act or to report a violation, please visit the Attorney General’s office Fair Chance Act website at: www.atg.gov/fair-chance-act.

About Civil Survival

Founded in 2015, Civil Survival organizes people in the state of Washington who have been directly impacted by the criminal legal system to build connections, increase political participation, and overcome barriers to reentry. 

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