Essential Steps for Washington Criminal Background Checks

What is a Criminal Background Check?

A criminal background check is an essential process used to assess an individual’s criminal history. This investigation involves searching public records to uncover past criminal activities, including arrests, convictions, and other law enforcement records. Criminal background checks are frequently used by employers, housing providers, law enforcement agencies, and other entities to evaluate the suitability of an individual for certain roles, housing situations, or legal purposes.

In the context of Washington State, criminal background checks play a critical role in ensuring public safety and reducing potential risks, especially in areas where individuals interact with vulnerable populations, such as children, the elderly, or people with disabilities. These checks help employers assess whether a candidate for employment has a history of criminal behavior that may pose a risk to their workplace or clients. Similarly, landlords often use background checks to determine if a potential tenant has any criminal convictions that could jeopardize the safety of other residents.

Criminal background checks can be performed using several methods, and they often look for a range of information, including:

Criminal Convictions: This includes any felony or misdemeanor charges that resulted in a conviction.
Arrest Records: Even if no conviction occurred, an individual’s arrest record may be flagged.
Pending Charges: Background checks may also reveal whether an individual currently faces any criminal charges that are still pending.
Warrants and Other Legal Issues: Some checks may show active arrest warrants or legal actions pending against the individual.

In Washington state, criminal background checks are more thorough than many other states, offering a robust system that includes not only state and local databases but also federal databases when necessary. These checks help institutions and organizations assess the risks of hiring or working with certain individuals, ensuring that safety is prioritized.

Why Are Criminal Background Checks Necessary in Washington State?

Criminal background checks are essential in Washington state for several reasons. These checks help institutions and organizations mitigate risks, ensure safety, and comply with state and federal regulations. Understanding why these checks are necessary can help individuals and businesses appreciate the value of background screening:

1. Public Safety

One of the primary reasons for conducting criminal background checks is to protect the public. Employers, landlords, and state agencies rely on background checks to ensure that individuals entering their organizations or communities do not have a history of criminal behavior that could compromise safety. This is especially important in industries and professions where employees are entrusted with vulnerable populations.

For example, healthcare providers, child care centers, and schools are required to screen workers for criminal records to ensure they are not hiring individuals with a history of abuse, violence, or other criminal activities that could harm children or elderly individuals. In Washington state, these background checks are crucial in helping prevent situations where individuals with criminal records could cause harm or put others at risk.

2. Legal and Regulatory Compliance

Washington state has specific laws and regulations that mandate background checks for certain jobs, particularly in fields where public safety and regulatory compliance are paramount. For example, positions in the healthcare, education, and childcare sectors require criminal background checks as part of the licensing process. These laws help protect both employers and the public by ensuring that individuals in sensitive positions do not have backgrounds that could compromise their ability to perform their duties safely.

In addition, Washington state has various licensing boards and agencies, such as the Department of Health or Department of Social and Health Services (DSHS), that require criminal background checks for professionals seeking licensure. This process helps ensure that only those with clean backgrounds are authorized to practice in fields that directly affect the health, well-being, and safety of others.

3. Risk Mitigation

Employers and businesses in Washington state use criminal background checks as a way to mitigate risks associated with hiring individuals who may have a criminal history. In the workplace, employees often have access to sensitive information, property, or vulnerable individuals. By conducting thorough background checks, employers can ensure they hire individuals who are trustworthy and reliable, reducing the chances of workplace misconduct, theft, or violence.

Additionally, landlords use criminal background checks to reduce the risk of renting property to individuals with a history of behavior that may disrupt or endanger other tenants or property. By reviewing an applicant’s criminal record, landlords can make informed decisions to keep their communities safe.

4. Ensuring Fairness in Employment Practices

Washington state is known for enacting fair employment laws that ensure that individuals with criminal records are not unfairly discriminated against. One of the most significant legislative acts in this regard is the Ban-the-Box law. Under this law, employers are prohibited from asking about criminal convictions on job applications. This provides job seekers a fair chance to be considered based on their qualifications rather than being automatically rejected due to past mistakes. However, background checks can still be conducted later in the hiring process, allowing employers to assess criminal histories if relevant to the job role.

Types of Criminal Background Checks in Washington State

Criminal background checks in Washington state come in several different types. These checks can be requested at the state, federal, or local level, depending on the requirements of the requesting entity. Let’s examine each type in detail:

1. State Criminal Background Check

The state criminal background check focuses on records within Washington state. This check is conducted through the Washington State Patrol (WSP), which maintains the Washington State Criminal Justice Information System (WSCJIS) database. The state check will provide information about felonies, misdemeanors, and other criminal convictions that have been recorded within the state.

State-level checks typically provide a clear overview of an individual’s criminal activity within Washington, helping employers or agencies assess an applicant’s background based on the state’s records. These checks are especially useful when individuals have lived and worked primarily in Washington state.

2. Federal Criminal Background Check

A federal criminal background check looks for criminal activity across the entire United States. This check accesses national databases like the Federal Bureau of Investigation (FBI)’s National Crime Information Center (NCIC) and other federal databases to uncover any crimes that have been committed outside of Washington state.

Federal background checks are often required for positions that involve national security, handling firearms, or working in industries that require the highest level of trust. A federal check can provide a broader view of an individual’s criminal history, especially if they have moved between states or been involved in federally regulated activities.

3. Local (County or City) Criminal Background Check

Local criminal background checks are conducted by county or city law enforcement agencies and focus on criminal activity that has occurred within a specific locality. For example, a county check will reveal any criminal records within that particular county’s jurisdiction, including misdemeanor or felony charges that may not be included in state or federal databases.

Local background checks are often used when employers or landlords are concerned with criminal activity that might have occurred within their immediate area. In some cases, local records can be more detailed than state-level checks, as they might include lower-level offenses or infractions not included in state-level databases.

Who Can Conduct a Criminal Background Check in Washington State?

In Washington state, criminal background checks can be conducted by various entities, including government agencies, employers, landlords, and individuals themselves. It’s important to note that each party must adhere to legal guidelines and obtain consent before requesting a criminal background check on an individual. Below is an overview of who can conduct criminal background checks and under what circumstances:

1. Employers

Employers in Washington state are frequently required to conduct criminal background checks for job applicants. This is particularly important for positions that involve working with vulnerable individuals, such as children or the elderly. Jobs that require trust and access to sensitive information or resources may also necessitate a criminal background check.

Washington state law requires employers to comply with the Fair Credit Reporting Act (FCRA), which mandates that an employer must get written consent from the applicant before conducting a background check. Furthermore, employers must also follow Ban-the-Box regulations that limit when they can inquire about criminal history during the hiring process.

2. Landlords and Property Managers

Landlords and property managers may conduct criminal background checks to assess whether a potential tenant poses a risk to other residents or the property itself. Criminal history is one of the many factors landlords consider when deciding whether to approve a rental application.

In Washington state, landlords can only request criminal background checks with the consent of the applicant. They must also adhere to fair housing laws, which prohibit discrimination against individuals based on protected characteristics.

3. State and Government Agencies

State and government agencies have the authority to conduct criminal background checks for a variety of purposes. These checks are often used to verify eligibility for professional licenses, security clearances, or government employment.

For example, the Washington State Department of Health and the Department of Social and Health Services (DSHS) require criminal background checks as part of the licensing process for healthcare professionals, childcare providers, and other licensed positions.

4. Individuals

Individuals in Washington state can request their own criminal background checks, typically through the Washington State Patrol (WSP) or through third-party vendors. This is particularly useful for those who want to review their own criminal records before applying for jobs or housing.

In Washington state, individuals can also challenge inaccurate or incomplete information found in their criminal records, ensuring that they have a fair opportunity to address any discrepancies before background checks are conducted for employment or housing purposes.

How to Request a Criminal Background Check in Washington State

Obtaining a criminal background check in Washington state is a straightforward process, but it involves several important steps to ensure that the results are accurate and meet the specific needs of the requester. Individuals and organizations requesting background checks must follow the proper procedures outlined by the state to maintain compliance with local laws and regulations. Here is a step-by-step guide on how to request a criminal background check in Washington state.

1. Online Requests

One of the most convenient ways to request a criminal background check in Washington state is through an online service. The Washington State Patrol (WSP) offers an online platform where individuals or businesses can request criminal background checks. The Washington State Patrol maintains the Washington State Criminal Justice Information System (WSCJIS), which is used to conduct these checks. Applicants can access the platform to request either a state-level background check or a more detailed national background check, depending on the needs of the request.

To submit an online request, individuals must:

Visit the Washington State Patrol’s official website or other authorized third-party vendors.
Complete an online form with the applicant’s personal information, including their full name, date of birth, and other identifying details.
Provide any additional documentation that may be required.
Pay the associated fees for the background check.

Once the request is submitted, the individual will receive the results electronically or by mail, depending on the service chosen.

2. Fingerprinting

In certain cases, such as when a more comprehensive background check is needed (e.g., federal or local checks), fingerprinting may be required. Fingerprints are used to search criminal records at the federal level or within local law enforcement databases, providing a more in-depth review of an individual’s criminal history. This step is commonly used for positions that require higher levels of trust, such as those working with children, the elderly, or in financial institutions.

To get fingerprinted in Washington state, individuals must:

Go to a certified fingerprinting location. The Washington State Patrol maintains a list of approved fingerprinting providers throughout the state.
Fill out the necessary paperwork and provide a valid form of identification (e.g., a driver’s license or passport).
Pay the required fees for fingerprinting.
After fingerprinting, the results will be submitted to the appropriate database for processing.

Fingerprinting is usually done in person, and the processing time may vary depending on the service provider and whether expedited services are requested.

3. Required Documents

To complete the background check process, certain documents are required. The exact documentation needed depends on the type of check requested, but generally includes:

Proof of Identity: A valid government-issued ID (e.g., driver’s license, passport, or state ID) is required to confirm the individual’s identity and avoid errors in the background check.
Authorization Forms: For employers or other organizations, the applicant must provide written consent authorizing the background check to be conducted.
Payment: A form of payment is necessary to cover the cost of the background check.

These documents must be submitted with the request to ensure that the background check can proceed without delays.

4. Processing Time

The time it takes to receive the results of a criminal background check in Washington state can vary depending on several factors, including the type of background check requested and the method of submission. On average, the following timelines apply:

State-level background checks: These typically take 3-5 business days to process if requested through the online system or by mail.
Federal background checks: These may take longer, often up to 10-14 business days, depending on the complexity of the request and the involvement of federal agencies like the FBI.
Fingerprint-based checks: These may take anywhere from 5-10 business days to process, depending on the volume of requests and the service provider used.

If expedited processing is needed, there may be additional fees for quicker turnaround times.

Cost of Criminal Background Checks in Washington State

The cost of criminal background checks in Washington state depends on several factors, including the type of check being conducted, the level of detail required, and whether fingerprinting is necessary. Understanding the associated fees is crucial for businesses, individuals, or organizations who need to budget for this process.

1. State-Level Background Checks

The cost of a state-level criminal background check through the Washington State Patrol typically ranges from $11 to $13 per request. This fee covers the processing and administration of the check through the WSP’s database.

2. Federal Background Checks

For a federal background check, which accesses the FBI’s criminal history database, the cost is higher. The typical fee for a federal check is around $18 to $25, depending on the service provider and whether additional documentation or expedited services are requested.

3. Local (County) Background Checks

If a local (county or city) criminal background check is required, the cost can vary depending on the jurisdiction. In some cases, county-level checks may cost as little as $10, but in others, they can be as high as $25 or more.

4. Fingerprinting Fees

Fingerprinting services also come with their own fees, which typically range from $15 to $25, depending on the provider. If fingerprints are being submitted for both state and federal background checks, there may be separate charges for each service. Additional fees for fingerprinting may apply if the individual opts for expedited processing.

5. Expedited Services

For individuals or organizations that need the background check results more quickly, many providers offer expedited services for an additional fee. The cost of expedited processing varies by service provider but typically adds between $10 and $50 to the base price, depending on how quickly the results are needed.

6. Payment Methods

Background check fees are generally paid through credit card or electronic payment options. Some agencies or vendors also accept checks or money orders for payment.

Where to Get a Criminal Background Check in Washington State

There are several resources available for obtaining a criminal background check in Washington state, including government agencies and third-party vendors. Understanding where to go for these checks can help individuals and organizations navigate the process more efficiently.

1. Washington State Patrol (WSP)

The Washington State Patrol is the primary agency responsible for conducting criminal background checks in Washington state. Through the Washington State Patrol’s Criminal History Records Section, individuals and businesses can request state-level background checks. The WSP also provides an online portal for accessing criminal records, making it a convenient option for many users.

2. Third-Party Vendors

In addition to the WSP, individuals and organizations can also use third-party vendors to obtain criminal background checks in Washington state. These companies specialize in providing comprehensive background screening services, including state, federal, and local checks. Many businesses prefer using third-party services because they offer faster processing times and additional resources for managing background checks at scale.

Rapid Hire Solutions is one such third-party vendor that helps businesses streamline the background check process in Washington state. Rapid Hire Solutions offers a comprehensive suite of screening services, including criminal background checks, drug testing, and employment verification. By partnering with Rapid Hire Solutions, businesses can save time, reduce costs, and ensure compliance with Washington state regulations. Their services are particularly beneficial for employers who need to conduct multiple background checks or who require additional services such as fingerprinting or expedited processing.

3. Local Law Enforcement Agencies

In some cases, individuals may choose to request background checks from local law enforcement agencies, such as county sheriff’s offices or municipal police departments. Local checks are especially useful for those who need a more detailed review of an individual’s criminal history within a specific area.

By working with local agencies, individuals can ensure that their background check includes regional information that might not be available through state-level databases.

Legal Aspects of Criminal Background Checks in Washington State

Understanding the legal framework surrounding criminal background checks is crucial for businesses, individuals, and organizations in Washington state. These checks are regulated by a combination of federal and state laws that govern how criminal records are used and accessed, as well as what can and cannot be disclosed. Below is a breakdown of key legal considerations regarding criminal background checks in Washington state.

1. Washington State Laws on Criminal Background Checks

In Washington state, criminal background checks are governed by various state laws designed to protect privacy and ensure fairness during the screening process. Some of the most important state regulations include:

RCW 9.96.060 (Fair Chance Act): This law prevents employers from asking about criminal convictions until after a conditional offer of employment has been made. Employers can still consider criminal history, but they must assess it in relation to the nature of the job and the amount of time that has passed since the conviction. The goal of this law is to prevent discrimination against applicants with criminal records who are otherwise qualified for the job.
Ban-the-Box Laws: These laws prohibit employers from asking about an applicant’s criminal history on initial job applications. Washington’s Ban-the-Box law applies to both public and private employers with more than 8 employees. The law seeks to give job seekers a fair chance at employment by focusing on their skills and experience first, rather than their past criminal records.
Expungement and Sealing of Criminal Records: Washington state offers a process for individuals to expunge or seal their criminal records in certain cases. This is an important factor to consider, as an expunged record will not show up on background checks. In order to be eligible for expungement, the individual must meet specific criteria, such as having completed their sentence and not having committed any additional crimes.

2. Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a federal law that regulates how background checks, including criminal history checks, can be conducted and used. Under the FCRA, employers and third-party vendors who conduct background checks must:

Obtain written consent from the individual before conducting a background check.
Ensure that the information used in the check is accurate and up to date.
Provide a copy of the background check results to the applicant if they are rejected or not hired based on the findings.

Employers and vendors must also ensure that the criminal background check does not violate an individual’s rights under the FCRA, including the right to dispute inaccurate information.

3. Washington State’s Expungement Laws

As mentioned previously, Washington state provides individuals with the opportunity to expunge or seal certain criminal records. Expungement allows individuals to clear their criminal history from public records, which means that background checks will not show those offenses.

However, not all crimes are eligible for expungement. Generally, individuals seeking expungement must:

Wait for a specified period (e.g., 5 years) after their sentence is completed.
Have no subsequent criminal convictions during that time.
Complete all terms of their sentence, including any probation or community service requirements.

Expungement can significantly impact an individual’s ability to pass criminal background checks, especially when seeking employment or housing.

4. The Role of Local and Federal Laws in Background Checks

While Washington state laws regulate the process of conducting background checks at the state level, federal laws also have a significant impact. For instance, federal agencies like the Federal Bureau of Investigation (FBI) conduct background checks that provide a nationwide criminal history review. These checks are particularly important for businesses operating in industries that require a higher level of scrutiny, such as those dealing with sensitive data or vulnerable populations.

Additionally, some businesses may require specific federal background checks depending on the nature of their work. For example, positions in healthcare, childcare, and financial services may require federal clearance. Federal regulations under the FCRA and other consumer protection laws also ensure that criminal records are used appropriately and do not unfairly affect an individual’s rights.

Frequently Asked Questions (FAQs)

Here are some common questions individuals and businesses may have when requesting or conducting criminal background checks in Washington state.

1. What information is included in a criminal background check in Washington state?

A Washington state criminal background check typically includes information on criminal convictions, arrests, and any pending criminal charges. It may also include details such as the offense, conviction date, sentencing information, and whether the individual is currently incarcerated. Federal background checks may provide additional information from nationwide databases, including records from other states.

2. How long does it take to get the results of a criminal background check in Washington state?

The processing time for a criminal background check in Washington state varies depending on the type of check being requested. State-level checks typically take 3-5 business days, while federal background checks can take 10-14 business days. Fingerprint-based checks may take between 5-10 business days. Expedited services can shorten these timeframes, often resulting in faster results.

3. Can a criminal background check be done without the person’s consent in Washington state?

In most cases, a criminal background check cannot be conducted without the individual’s consent. Washington state law requires that applicants give written authorization before an employer or organization can run a background check. This applies to both state-level and federal background checks. However, there are exceptions, such as when background checks are conducted by law enforcement or for certain regulated industries.

4. How far back do criminal background checks go in Washington state?

Criminal background checks in Washington state typically look at an individual’s entire criminal history, but there are certain limitations based on the nature of the crime and the time elapsed. For most offenses, a background check will cover the entire criminal history, including arrests and convictions that occurred many years ago. However, some older offenses may be expunged or sealed, meaning they will not show up on a background check.

5. Can I get a copy of my own criminal background check in Washington state?

Yes, individuals in Washington state have the right to request a copy of their own criminal background check. This is important for individuals who want to review their criminal history for accuracy or those seeking to expunge records. The request can be made through the Washington State Patrol (WSP), which provides individuals with access to their criminal history records for a small fee.

Conclusion

Criminal background checks play a critical role in maintaining public safety and ensuring regulatory compliance in Washington state. Whether you’re an employer, a housing provider, or an individual seeking to clear your name, understanding the process, costs, and legal aspects of criminal background checks is essential. The process is straightforward, but it requires careful attention to detail, from understanding the types of background checks to knowing where to request them and ensuring compliance with state and federal laws.

To ensure that the background check process is handled efficiently and in full compliance with Washington state laws, businesses and organizations can rely on services like Rapid Hire Solutions. By working with a trusted partner, businesses can save time, reduce costs, and streamline the screening process, all while ensuring that their background check procedures align with the latest legal requirements.