What’s Changing in 2026: New Rules for Criminal Background Checks
- myHRscreens Expert
- Dec 4
- 2 min read
Employers across several U.S. jurisdictions are facing a wave of new legislation and ordinance changes governing how- and when- they may access and act upon criminal background information.
Below are some of the most significant changes that will take effect in 2026 (and beyond), along with what employers should do to prepare.
Table of Contents
Key Criminal Background Check Regulatory Updates to Know
Washington State: Effective July 1, 2026 for medium and large employers; Washington’s updated Fair Chance Act strengthens its ban-the-box rules by requiring employers to delay all criminal-history inquiries until after a conditional offer and to conduct mandatory individualized assessments before making adverse decisions. The law applies to medium and large employers beginning July 2026, with smaller employers set to follow in 2027.
Virginia: Effective July 2026, Virginia’s Clean Slate provisions create automatic and petition-based sealing for many misdemeanors and some lower-level felonies, meaning qualifying convictions will generally stop appearing on consumer background reports after the effective date. Employers must treat sealed records as non-reportable.
Philadelphia: Effective January 6, 2026, Philadelphia’s amended Fair Criminal Record Screening Standards narrow what convictions employers may consider (for example, reducing misdemeanor lookback periods), ban consideration of certain minor offenses and require written pre-adverse notices with an opportunity to respond.
Washington D.C.: Effective January 2026, D.C.’s Second Chance law phases in automatic expungement/sealing for certain decriminalized offenses and other eligible records, starting with deadlines for processing older cases; more serious violent offenses remain excluded.
Business & Compliance Implications
The upcoming 2026 regulations require employers in the affected states to update hiring and background-check policies to remove blanket exclusions and ensure only legally permissible information is considered. Job postings, applications and internal guidelines must clearly reflect new timing and eligibility rules.
Screening workflows will also need restructuring. In many jurisdictions, criminal background checks can only occur after a conditional offer, and employers must rely on individualized assessments rather than automatic disqualifiers. This shift demands tighter coordination between recruiting, HR and compliance teams.
The new laws also increase documentation obligations. Employers must provide clear pre-adverse notices, allow candidates time to respond and maintain records of all decisions. Proper training and standardized procedures will be essential.
Preparing for a New Era of Criminal Background Screening
As 2026 approaches, employers must be ready for a more regulated landscape of criminal background screening. With states and cities like Washington, Philadelphia, Virginia and Washington, D.C. implementing stricter timing rules, expanded sealing and expungement processes, and increased procedural requirements, compliance can no longer rely on outdated hiring practices or blanket exclusion policies.
For more information on how we can support your compliance efforts, contact MyHRScreens today at ccooley@myhrconcierge.com, 855-538-6947 ext. 108, or, schedule a free consultation below:
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