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What’s Changing in 2026: New Rules for Criminal Background Checks

Jan 27, 2026 | Background Check Laws, Employment Screening

Starting in 2026, several U.S. jurisdictions are tightening criminal background check rules. Washington, Philadelphia, Virginia, and D.C. require post-offer inquiries, individualized assessments, and limit which convictions employers can consider. Automatic disqualifiers are restricted, and sealed or expunged records must be treated as non-reportable. Employers must update policies, applications, and workflows, provide pre-adverse notices, allow candidate responses, and maintain thorough documentation. Proper training and compliance coordination are essential to meet these stricter hiring and screening requirements.

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