Washington DC State Laws

Employers in Washington DC may not put questions about criminal history on job applications or ask about an applicant’s arrest or conviction records until after a conditional offer is extended.

This law applies to all employers with 11 or more employees unless asking about criminal records is required by federal or district law or if the person applying will work with children or vulnerable adults.

If an employer wishes to withdraw an offer based on the results of a background check, the employer must first:

• Consider how old the applicant was at the time of their offense
• Determine if the offense was relevant to the job
• Send a pre-adverse notice that includes a copy of the Notice of Right to File Complaint document.
• Conclude that there is a legitimate business reason to deny employment.

The applicant must be informed that the offer was terminated due to the person’s criminal record. Upon request, the employer must provide the applicant the following within 30 days:

• A copy of all records the employer reviewed while making their decision.
• A notice that they have the right to complain to the Office of Human Rights.