Effective July 1, 2026, the Washington Fair Chance Act (RCW 49.94) limits when employers may obtain or consider criminal history information during the hiring process. Key changes that impact WSU recruitment and hiring processes include:

  • Employers may not ask applicants about criminal history before a conditional (verbal) offer is made.
  • Background checks may not be initiated until after a conditional (verbal) offer has been extended.
  • If an applicant voluntarily discloses criminal history at any point during the recruitment process, the applicant must immediately receive the Washington Fair Chance Act notice document.

Background Check Processes

Effective July 1, 2026, a conditional offer of employment, typically a verbal offer, must be made prior to WSU initiating a background check. This requirement applies to all WSU positions requiring a background check, including faculty, staff, non-permanent, and student hourly appointments. There are exceptions for specific positions, such as law enforcement, work with vulnerable adults and children, and compliance with federal contracts.

To comply with both RCW 18B.112.080 Sexual Misconduct – Offers of Employment – Requirements and RCW 49.94 Employees and Job Applicants – Criminal Records, departments must complete these steps in the following order:

  1. Sexual Misconduct Statement (SMS) process must be completed prior to verbal offer
  1. Conditional verbal offer extended upon completion of SMS
  1. After conditional verbal offer, background check is initiated. Note – The background check may begin while the department and candidate continue to negotiate employment terms.

Departments using Workday Recruit should refer to the Faculty and Staff Workday SMS and BGC Workflow Guides for detailed instructions.

Hires made outside of Workday Recruit, the following templates are available on the HRS Recruitment Toolkit:

  • SMS email
  • Information to include in the verbal offer
  • Verbal Offer confirmation and notification of BGC initiation email

Applicant Criminal Record Disclosures

Departments, search committees, and hiring managers must not ask applicants about criminal history unless specifically authorized by HRS.

If an applicant voluntarily discloses criminal history information during the recruitment process:

  1. The search committee chair must immediately notify the HRS Service Team and assigned Workday Recruiter.
  1. The  assigned Workday Recruitment must immediately send the applicant the Washington Fair Chance Act notice document. (See instructions below)

For recruitments managed in Workday  Recruit, the Workday Recruiters will send the applicant the Workday “Applicant Criminal Record Disclosure” message, available through the Send Message action within the recruitment process. This Workday message includes a link to the Washington Fair Chance Act notice document.

For recruitments conducted outside of Workday Recruit, the required messaging templates and notice document are available in the Faculty Recruitment Toolkit and Staff Recruitment Toolkit.

If you are unsure whether information shared by an applicant is considered “criminal history information” please reach out to your HRS Service Team or Talent Acquisition at hrs.recruitment@wsu.edu or 509-335-4521.

Resources

The following resources are available in the Faculty Recruitment Toolkit and Staff Recruitment Toolkit under Phase 4:

  • WSU Fair Chance Act Notice and Disclosure Form
  • Verbal Offer Guide
  • Communication Templates
  • Staff SMS and BGC Workflow Guide
  • Faculty SMS and BGC Workflow Guide

If you have any questions regarding changes the WSU recruitment and hiring process related to the Washington’s Fair Chance Act (RCW 49.94), please contact your HRS Service Team or HRS Talent Acquisition team at hrs.recruitment@wsu.edu.

Content Credit: Bonnie Wilmoth, Manager, HRS Recruitment & Talent Acquisition