New Hiring and Employment Records Laws Take Effect in Washington

by Ed Choi - Miller Nash

During the 2025 legislative session, Washington State enacted several new measures that will significantly impact employer obligations related to hiring practices and personnel recordkeeping. Two statewide bills—HB 1308 and HB 1747—make important changes to employee access to personnel files and the timing and use of criminal background checks in hiring. In addition, the Spokane City Council adopted a local ordinance restricting the use of residential address information in the early stages of the hiring process. These laws reflect a broader legislative focus on increasing transparency for workers and reducing barriers to employment. Read on to understand the implications of these new laws and learn what steps employers should take to prepare for these changes.

Read more: https://www.millernash.com/industry-news/new-hiring-and-employment-records-laws-take-effect-in-washington

Virginia will allow for some criminal records to be sealed next year

by Charlotte Rene Wood, Virginia Mercury - Daily News-Record

RICHMOND — Next summer, certain people with past convictions will be eligible to apply for their criminal records to be sealed — meaning long-past convictions won’t show up on background checks.

This can help people who have been formerly incarcerated and rehabilitated get a fresh start when applying for jobs, loans or apartments. The process stems from a 2021 law that underwent several years of workshopping before its delayed implementation.

Read more: https://www.dnronline.com/news/social_issues/virginia-will-allow-for-some-criminal-records-to-be-sealed-next-year/article_b7caa350-3763-5a81-9f95-3dab93f98b47.html

Washington’s Amended Fair Chance Act Will Impose Additional Obligations on Covered Employers

by Rod Fliegel, Chad Kaldor - Littler

Washington State has an existing fair chance law (discussed here) but the statute, as amended by HB 1747, will impose additional obligations on employers that consider criminal records when vetting job applicants or employees. The amended statute takes effect for most employers in July 2026 and so employers should plan to update their criminal record screening policies and standard forms of notice.1

Read more: https://www.littler.com/news-analysis/asap/washingtons-amended-fair-chance-act-will-impose-additional-obligations-covered

Colorado’s HB1291: A Case of Excessive Regulation That Hurts More Than It Helps

by Jillian Snider - R Street

Although Colorado’s HB1291 (the “Transportation Network Company Consumer Protection” bill) is marketed as a public safety initiative, a closer look reveals a heavy-handed regulatory approach that threatens economic opportunity, consumer choice, and civil liberties. While rideshare safety is important, this bill introduces burdensome and unnecessary directives that could force businesses out of the state, drive up costs for riders, and disproportionately impact low-income workers seeking flexible employment.

Read more: https://www.rstreet.org/commentary/colorado-transportation-bill-is-a-case-of-excessive-regulation-that-hurts-more-than-it-helps/

New Florida law requires enhanced background checks for school volunteers

by Brianna Brownlee, WJXT - News4JAX

JACKSONVILLE, Fla. – A new Florida law is now in effect, mandating that school volunteers pass enhanced background checks to ensure the safety and security of students.

The bill, signed into law during the 2023 state legislative session, officially took effect on March 1.

The new requirements apply to both new and existing volunteers who work with students.

Previously, volunteers were required to complete a Level 1 background check, which is name-based only. However, the new law requires volunteers to pass a Level 2 background check, which relies on fingerprints.

Read more: https://www.news4jax.com/news/2025/03/05/new-florida-law-requires-enhanced-background-checks-for-school-volunteers/

New bill would boost safety, background-check requirements for TNCs like Lyft, Uber

by Ed Sealover - The Sum & Substance

Seeking to protect Uber and Lyft customers, a group of Democratic lawmakers unveiled a bill Friday that would boost steps companies must take to perform background checks on drivers and ensure unauthorized persons are not picking up rides in place of those drivers.

The bill, sponsored by Reps. Jenny Willford of Northglenn and Meg Froelich of Greenwood Village, also would ensure transportation-network-company drivers work no more than 10-hour shifts and would require each ride to be continuously recorded via video and audio. It also would allow people injured by violations of the bill to file civil lawsuits against a TNC or a driver, and it would make violations of the proposed law deceptive trade practices under the Colorado Consumer Protection Act, which allows for much greater financial awards.

Read more: https://tsscolorado.com/new-bill-would-boost-safety-background-check-requirements-for-tncs-like-lyft-uber/

Oregon removes nearly 50K eviction records from background checks

by Sabinna Pierre - MSN

Oregon's state courts have cleared about 47,000 residential eviction records from people's backgrounds, a significant step toward reducing barriers to housing access under a new state law.

The law, ORS 105.164 (House Bill 2001, 2023), requires courts to "set aside" and "seal" past residential evictions that meet specific criteria. These sealed evictions will no longer appear in background checks, legally treated as if they never occurred.

Read more: https://www.msn.com/en-us/news/us/oregon-removes-nearly-50k-eviction-records-from-background-checks/ar-AA1xHIuB

Oregon courts clear 47K residential eviction records

by Sabrina Pierre - KGW8

SALEM, Ore. — Oregon's state courts have cleared about 47,000 residential eviction records from people's backgrounds, a significant step toward reducing barriers to housing access under a new state law.

The law, ORS 105.164 (House Bill 2001, 2023), requires courts to "set aside" and "seal" past residential evictions that meet specific criteria. These sealed evictions will no longer appear in background checks, legally treated as if they never occurred.

Read more: https://www.kgw.com/article/news/local/oregon-removes-eviction-records-background-checks/283-858aa702-5bf8-4c06-a24e-0be2898cde69

School volunteer background screenings will intensify

by Marc Valero - Highlands News-Sun

A more intense background screening will go into effect March 1, 2025 in Florida for those who volunteer in public schools increasing the cost of the screening.

School Board of Highlands County Coordinator of Communications John Varady said the School Board has already been following the updated screening requirements for employees and will begin utilizing the new screening procedures for volunteers in 2025, prior to the March 1st date.

Read more: https://www.midfloridanewspapers.com/highlands_news-sun/news/school-volunteer-background-screenings-will-intensify/article_56c636dc-c15e-11ef-9fbe-7f851693f411.html

California’s Background Check Limits Are Impeding Hiring

by Roy Maurer - SHRM

Legal developments in California limiting criminal history searches are causing significant hiring delays and unworkable burdens in the employment screening process.

The situation arose from a May 2021 California Court of Appeal decision in All of Us or None — Riverside Chapter v. Hamrick, which has prevented background screeners from using dates of birth or driver’s license numbers as input terms in electronic criminal record searches.

Read more: https://www.shrm.org/topics-tools/news/talent-acquisition/california-background-check-limits-hamrick