In today’s dynamic and interconnected world, information flows at an astonishing pace. Whether you’re applying for a job, renting a home, or simply seeking to understand someone’s history, access to pertinent information can be a game-changer. In the state of Washington, the quest for such knowledge often begins with a Washington State Criminal Background Check.
The process of conducting a criminal background check is a critical component of numerous decision-making scenarios, from hiring employees to evaluating potential tenants, and even forming personal relationships. In a society where safety, trust, and security are paramount, knowing an individual’s criminal history can provide valuable insights. However, navigating the intricacies of Washington’s criminal background check system can be a complex and sometimes daunting task.
This Eastcoastlaws.com article will serve as your comprehensive guide to understanding the Washington State Criminal Background Check, shedding light on its purpose, procedures, legal aspects, and the implications it holds for individuals and organizations alike. Whether you’re an employer striving to maintain a secure workplace, a landlord vetting potential renters, or an individual eager to comprehend the checks and balances governing access to your own criminal history, this exploration of Washington’s criminal background check system will equip you with the knowledge you need to make informed decisions and uphold transparency and fairness in various aspects of life.
What Shows Up On A Washington State Background Check?
A Washington background check for employment may reveal a candidate’s criminal history, driving records, education history, previous employment details, professional licenses, and credit history depending on the type of report ordered.
Employers in Washington have a wide range of choices for conducting background checks. The responsibilities of the position, the need for legal compliance, and the employer’s budget for background check expenses may all influence which reports are obtained.
In the end, any local, state, or federal laws governing background checks will also determine what information appears on a check. According to Washington regulations, certain screenings cannot be done for certain jobs or industries, as well as the lookback period for each type of check and the information that can be included in a report (such as credit history).
What Types Of Background Checks Are Run In Washington?
To aid in hiring decisions, employers can do a variety of background checks in Washington, including Washington State Patrol reports, criminal record reports, MVR or driving record
Washington State Patrol background checks
Background checks conducted by the Washington State Patrol include registered kidnapping/sex offenders, state arrests with dispositions still outstanding from the previous year, and state criminal history record information (CHRI) on criminal convictions.
Federal criminal records and criminal history information from other states will not be included in this report. Using the Washington Access to Criminal History (WATCH) system, any member of the public, including employers, may ask for a Washington CHRI report for non-criminal justice purposes. Some employment, such as those where candidates will have unsupervised access to children, may require Washington State Patrol reports.
Criminal background checks
In addition to Washington state or county data, criminal background checks conducted from other institutions or through third-party vendors may also examine federal records and records from other jurisdictions to obtain comprehensive information about a candidate’s criminal past.
Motor vehicle records checks
Checks on a candidate’s driving history include looking at their license status, traffic infractions, accidents, and convictions relating to driving, like DUIs.
Education verification
Education verification is used to confirm a person’s academic background, including the institutions attended, the degrees obtained, the dates of graduation, and the dates of attendance.
Employment verification
Verifying a candidate’s employment history to authenticate their previous employers, job titles, and length of employment.
Civil searches
civil searches to look for the civil court records of a candidate, including judgments, lawsuits, liens, and restraining orders.
Credit checks
Credit reports, tax liens, accounts in collections, and bankruptcies are all examined as part of credit checks on applicants.
Drug testing
Alcohol and controlled substance testing to check for the presence of these substances.
How Long Does A Background Check Take In Washington State?
Depending on the kind of report and the person conducting the search, Washington’s background check turnaround times may change. those reports, such as those background checks requested online through WATCH by the Washington State Patrol, may be accessible right away. Other Washington State records might need to be sought directly from the relevant Washington court via mail or in person, which could take a few days or longer.
Washington State Pre-Employment Background Check Laws
Background checks are governed by five statewide laws in Washington State. Additionally, based on their location, some employers may be compelled to abide by regional fair hiring and Ban the Box regulations. To reduce the risk of potential legal problems and responsibility, certain companies may decide to adhere to the tightest Washington State background check rules.
Ban the Box law: Washington Fair Chance Act
The Washington Fair Chance Act, sometimes known as the Ban the Box law, is a requirement for all Washington employers, both public and private.
According to this law, employers in Washington State conducting criminal background checks are only permitted to inquire about a candidate’s criminal history, run a criminal background check, or gather information regarding a candidate’s criminal history after concluding that the applicant is otherwise qualified for the position. Employers are also forbidden from using procedures or policies that automatically or categorically disqualify applicants with a criminal history, such as excluding applicants for failing to disclose a criminal history. County- and city-specific Ban the Box laws also apply across Washington State.
Use of arrest and conviction information, WAC 162.12.140
Any pre-employment inquiries involving arrests must take into account whether charges are still pending, have been dropped, or resulted in a conviction for a crime involving conduct that would be detrimental to job performance, according to WAC 162.12.140. The arrests must also have occurred within the previous ten years. If the offenses were fairly related to the job responsibilities and the convictions (or release from prison) took place within the previous ten years, employers may take convictions into consideration.
Credit report law, RCW 19.182.020
RCW 19.182.020 typically prohibits employers in Washington from asking about a candidate’s credit reports. However, a credit report can be requested when the information is required by federal or state law or when it is significantly connected to the position (and the employer’s reasons for using credit information are revealed to the candidate in writing).
Social media law, RCW 49.44.200
Employers in Washington State are forbidden from viewing some components of a candidate’s social media data under RCW 49.44.200. They cannot request to be added as a connection or ask candidates to adjust the privacy settings on their social media accounts. Additionally, employers are not allowed to demand that applicants give their social media login credentials or access their accounts while the employer is present.
Fair Credit Reporting Act (FCRA)
Employers in Washington State are required to abide with the FCRA while engaging with CRAs. The FCRA, which is required at the federal level, stipulates that a candidate must be informed in writing of the plan to run a background check and must give their written approval. The adverse action procedure must be followed if the employer decides not to hire the applicant as a result of information found during a background check.
How Can I Get A Copy Of My Washington Criminal Record?
The quickest and easiest method to perform an online background check on yourself is by utilizing the Washington State Patrol (WSP) services. You can access your criminal history record information (CHRI) through the official WSP website known as the Washington Access to Criminal History (WATCH).
To access your information through WATCH, visit the following link: WATCH Website
WASIS (Washington State Identification System) maintains an electronic database containing all criminal records, sourced from courts and law enforcement agencies across the state. When you use the WATCH website, you can obtain various types of information, including:
- Washington State criminal conviction history.
- CHRI details related to an arrest within the past year, with a pending case in the criminal justice system. For instance, if you were arrested for DUI 10 months ago, and charges were filed against you in King County District Court, but the case is still pending.
- Information concerning registered sex offender or registered kidnapping offender cases.
Please note that there is an $11.00 fee for this service, payable by either check or credit card. The fee applies to each name searched, regardless of the search result.
It’s important to understand that conviction records do not encompass civil adjudications, administrative findings, or disciplinary board final decisions. To obtain such records, you will need to contact the relevant court, licensing authority, or administrative agency separately.
Additionally, you have the option to request a copy of your non-conviction CHRI, but this involves a distinct procedure.
Please be aware that WATCH searches are conducted based on your name and date of birth and do not involve fingerprint verification, which is the only surefire way to positively link someone to a criminal record. As a result, WASIS cannot guarantee the absolute accuracy of the records you obtain through this service.
How Can I Get A Fingerprint-Based Background Check?
To initiate a fingerprint-based background check in Washington State, follow these steps:
- Get Your Fingerprints Taken: First, you need to have your fingerprints taken. You can do this at your local police station or Sheriff’s office, typically for a nominal fee. Alternatively, you can visit the Washington State Patrol (WSP) office located at 106 11th Avenue SW, Suite 1300, Olympia, WA 98501. WSP charges $16 for one set of prints.
- Mail Your Documents and Fees: After obtaining your fingerprints, you’ll need to send the following items:
- A copy of your fingerprint card.A completed Request for Conviction Criminal History Form.The $58 processing fee, is payable by check or money order.
- Wait for Results: Expect to receive your results within 2-4 weeks.
A fingerprint-based background check will provide you with the following information:
- Washington state conviction history.
- Any negative or adverse dispositions, which include:
- A deferred sentence, even if the case against you was ultimately dismissed.
- A finding of not guilty by reasons of incompetency or insanity.
- Arrest information within the past year where the case is still pending.
- Registered sex offender and kidnapper offender information.
For further information and to access the necessary forms, please visit the official Washington State Patrol website: WSP Background Check Information
Please note that fees and processing times may be subject to change, so it’s advisable to check the provided link for the most up-to-date information and instructions.
Can I Get A Copy Of My Complete Criminal History Record?
You also have the right to access your entire Washington criminal history record, which includes not only your conviction history but also information about dismissed cases and instances where you were arrested but charges were never filed.
There are two methods available for you to review your complete criminal record:
1. In-person: You can personally visit the Washington State Patrol (WSP) office located in Olympia and request to examine your complete criminal history record. This process requires you to provide fingerprints for verification. Upon verification, you will be granted approximately 30 minutes to review your records.
2. By Mail: Alternatively, you can obtain your complete Criminal History Record Information (CHRI) record by mail. To do this, follow these steps:
- Submit a fingerprint card.
- Include the required $12 fee.
- Send these documents to the Washington State Patrol Identification and Background Section at the following address:
Washington State Patrol Identification and Background Section P.O. Box 42633 Olympia, WA 98504-2633
Once processed, you will receive your comprehensive CHRI record by mail.