During the hiring process, employers in Washington may use background checks to gain deeper insights into a candidate’s qualifications beyond what is provided in their resume or application. These screenings can include criminal history checks, employment and education verification, and a review of driving records. No matter the type of pre-employment screening, it is crucial for employers to comply with federal, state, and local regulations.

Employers can conduct Washington background checks themselves or partner with a reputable consumer reporting agency (CRA). This guide provides an overview of the key components, procedures, and relevant laws associated with conducting background checks in Washington state.

What Is a Washington Background Check?

In Washington, employers use background checks to make well-informed hiring decisions before bringing a candidate or volunteer on board. These checks often involve reviewing various public records to confirm the information provided by the applicant and to gather any additional relevant details.

There are several types of background screenings available to Washington employers, ranging from criminal background checks to verification of education and employment history. Employers may also use these checks for ongoing or periodic screenings of current employees.

Common Types of Background Checks in Washington

Washington employers typically utilize a variety of background checks, including:

• Criminal history checks: To identify any felony or misdemeanor convictions or ongoing legal matters.
• Employment verification: To confirm past employers, positions held, and employment dates.
• Education verification: To verify attendance, degrees, and graduation details.
• Driving record checks: To assess driving history, license validity, and any traffic violations or DUI incidents.
• Credit checks: To evaluate an applicant’s credit history, including payment records and outstanding debts (where allowed by state law).
• Drug testing: To screen for controlled substances, ensuring compliance with drug-free workplace policies.

Washington State Criminal Background Check

Washington employers may perform criminal background checks to determine if a candidate has a history of felony or misdemeanor convictions. These checks may include federal, state, and county databases to uncover any criminal records, including pending legal cases. However, employers must follow “ban-the-box” laws and other regulations that protect candidates from discrimination based on their criminal history.

Washington State Patrol Background Check

The Washington State Patrol conducts background checks by gathering fingerprint-based criminal records from state databases and Washington courts. Criminal records are maintained within the Washington State Identification System (WASIS) until an individual reaches 120 years of age. Certified criminal justice agencies and authorized entities may request access to these records, including information on convictions and certain arrests.

Drug Testing in Washington State

Employers in Washington can require drug testing for potential hires and, in some cases, for existing employees. Situations that may warrant drug testing include suspicions of substance use or workplace accidents. Additionally, specific roles, such as security positions or those involving firearms or public safety, may require drug screenings.

How Long Does a Background Check Take in Washington State?

The time it takes to complete a Washington background check depends on the type of screening requested. For example, Washington State Patrol background checks can be done online via the Washington Access to Criminal History (WATCH) system, providing instant results. However, this service is limited to records within Washington state.

Employers seeking fast, comprehensive results may choose to work with a Consumer Reporting Agency (CRA) like Identify Background Checks. CRAs offer access to various databases and provide legally compliant reports with quicker turnaround times.

Washington State Background Check Laws

Employers conducting background checks in Washington must comply with a range of federal, state, and local regulations aimed at preventing discrimination and ensuring fair hiring practices.

Ban-the-Box Law

The Washington Fair Chance Act applies to all public and private employers in the state, requiring them to delay inquiries into an applicant’s criminal history until the candidate has been deemed “otherwise qualified.” Additional county and city-specific ordinances may also apply.

Use of Arrest Information

Employers in Washington cannot use arrest records that did not result in a conviction when making hiring decisions, as stipulated by the state’s Human Rights Commission. However, pending cases and convictions may be considered.

Credit Report Law

Washington state law (RCW 19.182.020) generally limits the use of credit reports in hiring decisions unless directly related to job responsibilities or mandated by law.

Social Media Law

Washington’s RCW 49.44.200 protects employees from being required to provide login credentials for personal social media accounts or allow employers to access those accounts.

Fair Credit Reporting Act (FCRA)

Employers using background checks conducted by a CRA must comply with the FCRA, which includes obtaining written consent from the candidate and following the adverse action process if the report contains information that influences the hiring decision.

Conclusion

Employers in Washington state should be aware of the various types of background checks available and the legal regulations that apply to each. To avoid legal pitfalls and ensure a fair hiring process, it’s essential to understand and comply with both federal and state-specific laws governing background checks. Partnering with a qualified CRA can streamline the process and ensure compliance with all relevant regulations.