Amendment Details: Here is a high-level overview of the FCA’s changes. We encourage your organization to review the law in full with qualified legal counsel as we cannot provide legal advice.
Definitions: - Creates new definitions for adult conviction record as well as arrest record. - Other definitions have been added for juvenile conviction record, legitimate business reason, and tangible adverse employment action (which includes rescinding the offer, or for employees, terminating, suspending, disciplining, etc.).
Criminal background check timing: - Any inquiry into criminal history and the criminal background check itself may only be conducted after extending a conditional offer.
Adverse Action: - Employers may not take adverse action based on an applicant’s or employee’s arrest record or juvenile conviction record. This prohibition does not apply to an adult arrest record where the individual is out on bail or released on their own personal recognizance pending trial. - Asurint does not report juvenile conviction records as a standard. - Prior to taking adverse action, the employer must determine they have a legitimate business reason for taking such action. This includes consideration of several factors, such as the seriousness of the conviction; number and types of convictions; time elapsed since the conviction (excluding periods of incarceration); any verifiable information related to the individual’s rehabilitation, good conduct, work experience, education and training as provided by the individual; the specific duties and responsibilities of the position; and the place and manner in which the position will be performed. - Prior to taking adverse action, the employer must notify the individual, identify the record at issue, and hold the position open for at least two business days to allow the individual to correct or explain the record, or provide information about the individual’s rehabilitation, good conduct, work experience, education, and training. - If the employer takes adverse action following this time period, the employer must provide a written decision to the individual, including specific documentation as to its reasoning and assessment of the factors. - Please note that the two-day period is not necessarily the waiting period between your letters, but how long you need to keep the position open.
* If an individual discloses criminal history voluntarily, the employer must inform them of the requirements of the law as well as provide the attorney general’s fair chance act guide for employers and job applicants.
Asurint Changes: The FCA impacts the adverse action process. Effective immediately, if enabled with Asurint's adverse action product, the below highlights important changes to this process.
Adverse Action Process Steps: - When prompted for the “specific reason” when submitting the pre-adverse action letter request, clients will have the option to free text when selecting “Other” or select one offense from the list (populated from the offenses on the report). Clients may only choose one of these options for PAA.
Automated filing: - We are disabling functionality for all Washington zip codes that allow the final adverse action letter to be automatically sent after the waiting period expires. You must go into the system and manually send the final adverse action letter (when applicable). - You will receive a system-generated email notification (sent to the user and/or a specified email address) when the waiting period has expired.
Assessment form: - The FCA requires an individualized assessment form to be provided with the final adverse action letter. The system will prompt you to upload the form when you initiate each letter. Please consult with qualified legal counsel as to what form should be used.
The above changes in functionality will apply when: (i) the candidate’s current submitted address is in Washington, (ii) the job location is specified as being in Washington, and (iii) the user (client address) placing the order is in Washington.
Please contact Asurint's Compliance team at compliance@asurint.com if you have any questions regarding these changes.
Posted May 20, 2026 - 17:03 EDT
This incident affects: Asurint | Background Screening Platform.