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Washington, DC Background Check Laws: What Employers Need to Know
DC has its own set of employer-facing background check rules on top of federal FCRA standards, relevant across the district's government contracting, hospitality, and professional services sectors.
Employers Can't Pass the Cost to Candidates
Employers can't require any person to pay for their own criminal record check.
Ban-the-Box for Employers with 10+ Employees
Employers with 10 or more employees can't ask about convictions, arrests, or accusations until a conditional offer of employment has been made. A conditional offer can later be withdrawn based on criminal history, but only for a legitimate business reason.
Credit Reports
DC employers are restricted from considering credit reports in employment decisions, with six defined exceptions depending on the type of role.
Pass-Through Fees for DC Records
| Record Type | Fee |
|---|---|
| Criminal search | No pass-through fee listed for county-level searches in this jurisdiction |
| Criminal history (DC Metropolitan Police Dept.) | $7 for a Police Clearance letter, name-based, covering convictions within 10 years or a full arrest record for expungement purposes |
| Motor vehicle record | $13.00 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from DC Employers
Does DC have a Ban-the-Box law? Yes, for employers with 10 or more employees. Criminal history questions can't come up until after a conditional offer is made.
Can I use a candidate's credit report in DC? Only if one of six specific exceptions applies. Outside of those, credit reports can't factor into employment decisions.
Can I charge a candidate for their own background check in DC? No. Employers can't require any person to cover the cost of their criminal record check.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
