Washington State Background Checks for Employment [2025]

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washington state background checks for employment

As an employer, conducting background checks enables you to obtain a comprehensive picture of your job candidates, helping you determine whether they are the right fit for the positions you are recruiting for.

Did you know that a former employee of the Washington Employment Security Department was arrested for embezzling $130,000 of unemployment funds?

At iprospectcheck, we have a large number of  satisfied clients in Washington State, so we understand how to conduct quick, compliant background checks.

We break down everything you need to know in this helpful guide.

Why Do Employers in Washington State Run Background Checks?

Employers typically conduct background checks for the following reasons:

1. Maintain Regulatory Compliance

Employers in certain industries, including transportation, healthcare, and others, are required by federal or state laws and regulations to complete background screens on applicants.

In those industries, employers might conduct background checks to fulfill their legal obligations.

2. Protect Workplace Safety

Per OSHA regulations, employers have a duty to ensure the safety of their workplaces.

Performing background checks identifies applicants who have a history of unsafe conduct and could threaten workplace safety.

3. Ensure Employees Have the Right Experience and Qualifications

It’s important for employers to ensure their new hires have the right level of experience and qualifications to perform the tasks of their jobs.

Verifying an applicant’s employment, education, and professional license confirms whether they have the necessary qualifications.

4. Mitigate Liability Risks

By conducting comprehensive pre-employment background checks, employers can screen out unqualified and unsafe applicants and reduce their risks of negligent hiring liability.

5. Prevent Reputational Harm

If you hire the wrong person, they can significantly damage your brand.

Since employees are the public face of your company, performing background checks can help you ensure you hire people who will best represent your company.

What Shows Up on a Washington State Background Check?

What you can expect to see on a Washington State background check from iprospectcheck will depend on the types of information you request.

While Washington employers might request different types of job-specific information, most employers ask for information about their applicants’ criminal history, education and credentials, and employment history.

Here is what you might expect to see on a background report in each of these areas.

Criminal History

If one of your applicants has reportable criminal history information in his or her background, you should see the following types of data:

  • Case number
  • Date of arrest
  • Charge or charges
  • Level of charge or charges
  • Disposition of the case
  • Date of disposition
  • Sentence information

Employment History

Checking the employment history of your applicants is important. Some applicants make misrepresentations on their applications and resumes about their past employment experience.

When you request an employment verification, you will receive information about each company for which the applicant has worked, the dates of employment, and the job titles he or she had for the positions held.

This type of information can help you ensure you are hiring honest and qualified employees. Finally, verifying your applicants’ employment histories can protect you from potential liability in negligent hiring lawsuits.

Education Verification

Education verification confirms an applicant’s reported educational attainment and shows the following information about the institutions the applicant attended:

  • Name and address of the school
  • Dates the applicant attended the school
  • Whether the applicant was awarded a degree or diploma and its type

Professional License Verification

Washington state employers who are hiring for jobs requiring professional credentials might request professional license verification as a part of their pre-employment screening process.

Professional license verification shows the following information about a candidate’s license:

  • License number
  • Type of license
  • Issuance date
  • Licensee’s name
  • License expiration
  • Suspensions or revocations

Know Before You Hire

Important Laws and Regulations for 2025

Washington employers must comply with state and federal laws when conducting background checks.

Federal Background Check Laws

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law that protects consumers’ privacy in the information collected, held, and reported by consumer reporting agencies(CRAs). This law also regulates employers that conduct background checks.

You must provide written notices to applicants and employees that you will conduct background checks. You must also secure their written consent before you conduct background checks.

If you decide against hiring an applicant based on information contained in a background check report, you must complete the two-step adverse action process under the FCRA before making a final hiring decision.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 bans employment discrimination based on applicants’ and employees’ protected characteristics. This law is enforced by the U.S. Equal Employment Opportunity Commission.

Title VII covers the background check process when employers learn that applicants have criminal records. Before you decide not to hire an applicant based on a conviction, you must individually assess the conviction as it directly relates to the job.

Fair Chance to Compete for Jobs Act

The Fair Chance to Compete for Jobs Act (FCA) is a federal fair chance hiring law that was passed as an amendment to the National Defense Authorization Act for the fiscal year 2019 and was signed into law by former President Donald Trump.

Federal agencies and companies seeking federal contracts are covered by the FCA.

Companies that want to contract with a federal agency can’t ask about criminal history information on their job applications or during the hiring process until after they have made conditional job offers.

A federal agency can’t contract with a company that violates the FCA.

State Background Check Laws

Vacating Certain Criminal Convictions

While Washington’s expungement law only applies to non-conviction records, individuals with certain types of convictions can ask the court to vacate them when specific conditions are met under RCW 9.94A.640.

Certain misdemeanors, gross misdemeanors, and felonies can be vacated under Washington’s law.

However, people can’t have their convictions vacated under the following circumstances:

  • Convictions for driving under the influence
  • Crimes of violence
  • Crimes against persons
  • Sex offenses
  • Class B felonies when an individual has been convicted of a new crime within the last 10 years
  • Class C felonies when an individual has been convicted of a new crime within the last five years
  • Any conviction if an individual has a pending criminal case
  • Class B felony that is less than 10 years old
  • Class C felony that is less than five years old

Individuals with qualifying convictions can petition the court for vacatur. If a petition is granted, the guilty plea will be withdrawn, and the court will vacate the conviction.

Once an individual has obtained a vacatur of a conviction, they can legally deny they have been convicted of a crime.

Vacated offenses also can’t be reported on criminal background checks for employment.

Salary History Questions Prohibited

Under RCW 49.58.100, employers are prohibited from asking candidates or former employers for their salary history information.

However, if an applicant voluntarily discloses salary history, employers can confirm what they report with their former employers.

Employers may also seek salary history information after they have made employment offers that include compensation terms.

Employees have a right to pursue damages in court when an employer has violated Washington’s ban on salary history inquiries.

Statewide Ban-the-Box Law

Under RCW 49.94.010, Washington has a statewide ban-the-box law. Under this law, public employers and private employers are prohibited from asking questions about criminal convictions on their applications.

You can complete a criminal background check and consider the information only after you have otherwise determined that the applicant is qualified for the job.

Seattle Fair Chance Employment Law

Seattle passed its own ban-the-box law in 2013.

Under this law, private and public employers cannot ask about or consider criminal history information until after they have completed initial screening and have determined they are otherwise qualified.

Use of Arrest Information

According to the Washington Human Rights Commission, employers should not use information about arrests not resulting in convictions to make hiring decisions.

However, employers can consider arrests that resulted in convictions and for pending criminal cases.

Credit Reports for Employment Restricted

Under RCW 19.182.020, employers cannot request applicants’ credit reports unless one of the following exceptions apply:

  • The need for the credit report is directly related to the requirements of the job.
  • Requesting a credit report is otherwise required by state or federal law.

Social Media Law

Under RCW 49.44.200, employers are prohibited from asking, coercing, or requiring applicants or employees to provide their social media account login information.

You also cannot ask an applicant or employee to open their social media accounts in your presence, add you to their contact lists, or change their privacy settings to allow you to view their social media pages.

However, you can ask an employee to share this type of information if it is necessary for an investigation after receiving reports about an employee’s activities on social media.

Senate Bill 5123

Senate Bill 5123 was signed into law by Gov. Jay Inslee and will prohibit discrimination against applicants and employees based on marijuana use outside of work.

Under this law, employers will not be able to deny employment to applicants based on a pre-employment drug test that tests for the presence of non-psychoactive marijuana metabolites.

The law also forbids employers from firing employees for using marijuana during their off-hours, but it does not prohibit employers from terminating employees based on being under the influence of marijuana at work or using marijuana while on the job.

The marijuana discrimination law does allow employers to conduct and rely on pre-employment drug tests for marijuana as long as they only test for the psychoactive components of marijuana.

This law will be effective on Jan. 1, 2024.

Washington State’s Seven-Year Rule

Washington State has a seven-year rule found in RCW 19.182.040. This law restricts CRAs from reporting the following information for jobs paying less than $20,000 per year:

  • Bankruptcies (10 years)
  • Civil lawsuits and judgments
  • Paid tax liens
  • Debt collection accounts
  • Non-conviction arrests and indictments
  • Convictions

It’s important to contrast Washington’s seven-year rule with the FCRA’s seven-year rule.

The FCRA has a salary threshold of $75,000 instead of the state’s threshold of $20,000. This means that CRAs can’t report information about an applicant’s bankruptcy, civil lawsuit, civil judgment, paid tax lien, collection account, or non-conviction arrest record if the information is older than seven years and the job pays less than $75,000.

Washington State’s law prohibits the reporting of conviction records older than seven years, but the FCRA does not.

However, since Washington has a $20,000 salary threshold, this means that convictions older than seven years can be reported for nearly any job in the state.

Washington State’s minimum wage is currently $15.74 per hour. This means that the reporting of convictions is unrestricted for any full-time position, including a full-time minimum-wage job

Know Before You Hire

How Do I Get a Background Check in Washington State?

1. Implement an Effective, Compliant Background Check Policy

If your company intends to conduct background checks, you should first implement an effective, legally-compliant background check policy.

Your policy should include all procedures that comply with state and federal background check laws your HR professionals should use when completing pre-employment screenings.

The policy should also provide for a uniform system used to complete background checks to prevent unconscious biases and should clearly be communicated to all HR staff.

2. Notify Applicants and Obtain Consent

Before you can conduct a background check, the FCRA requires you to notify your applicants in writing on a separate form that can be easily seen.

You also must obtain an applicant’s written consent to conduct a background check. You can include the consent on the same document as the notice.

3. Choose a Reliable Screening Partner

While some employers try to run background checks themselves, doing so is generally not a good idea.

It’s easy to miss important information or uncover inaccurate or outdated data about an applicant.

It’s best to partner with a reliable employment screening provider like iprospectcheck.

We always comply with all state and federal background check laws, and our technology seamlessly integrates with the applicant tracking systems (ATS) employers rely upon to facilitate a smooth hiring process.

With iprospectcheck, you can also benefit from our fast turnaround times, allowing you to make confident hiring decisions quickly.

4. Wait to Conduct Background Checks

Washington State’s ban-the-box law prohibits employers from asking about criminal history information until they have made an initial determination that an applicant is otherwise qualified.

While the law doesn’t require you to wait until after you make a conditional employment offer, doing so might be a good idea.

Waiting until you make a contingent job offer to conduct an employment background check can help you to save time and money on background checks by limiting how many you have to run to only qualified candidates.

5. Be Selective in the Searches You Request

When you order background checks, choose only the searches that apply to your open position.

At iprospectcheck, you can select from a large menu of background searches to create customized background checks that meet your needs.

We have multiple packages and numerous add-on searches, so you won’t have to pay for any extraneous information.

6. Individually Assess Conviction Records

You should avoid a blanket policy to reject anyone with a criminal record.

If you learn an applicant has a criminal conviction, assess it as it relates to the duties of the job for which you are considering the applicant before deciding not to hire them based on that information.

7. Tell the Applicant the Results of the Background Check

After you receive and review a candidate’s background check report, make sure to promptly tell the candidate the results.

8. Complete the Adverse Action Steps

If red flags on a candidate’s background check make you decide not to hire them, you must complete the following steps of the adverse action process under the FCRA:

  • Send a pre-adverse action notice with a copy of the section of the report containing the problematic information.
  • Give the applicant a reasonable time (generally five business days) to correct the information or present evidence they have been rehabilitated.
  • Send a final adverse action notice with a copy of the applicant’s legal rights if you still decide against hiring them.

Start a Background Check with iprospectcheck

Washington State has many specific laws employers must follow when conducting background checks for employment purposes.

The easiest way to conduct a background check on a qualified candidate in this state is to partner with a third-party background check company like iprospectcheck.

We are a 100%  USA-based service team dedicated to providing the absolute best customer service. Our mission is to make the background screening process go smoothly for you, while ensuring your needs are met in a timely manner.

Contact us today to learn more about our background check services or request a free quote: (808) 509-1979

DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.

FAQs

What Disqualifies You from a Background Check in Washington State?

Employers in Washington might reject applicants based on information included in background checks for a number of reasons.

Here are some common red flags that might result in a denial of employment:

1. Failing a Pre-Employment Drug Test

Employers in certain industries, including employers regulated by the U.S. Department of Transportation (DOT), must condition employment on pre-employment drug screens.

If an applicant for a safety-sensitive role fails a DOT drug test, the employer will withdraw their contingent job offer.

2. Misrepresenting Work History

Some applicants embellish their work history or omit former employers to try to make themselves look better to employers.

Employers that request employment verification will see any misrepresentations the applicants have made on their applications or resumes and will likely deny employment based on their dishonesty.

3. Lying About Education

Similarly, some applicants lie about having degrees they have not earned or attending colleges they didn’t attend.

Education verification reveals these types of discrepancies, and employers might deny employment to applicants who’ve misrepresented their education.

4. Having Certain Criminal Convictions

Having a criminal record isn’t an immediate disqualification for employment.

However, if an applicant has a conviction that closely relates to the job or could indicate the employee might pose a safety threat, the employer might deny them based on this information.

5. Having a Poor Driving Record

An applicant who applies for a job that will involve driving will likely undergo a motor vehicle records (MVR) check.

Having a poor driving record with a large number of traffic violations or serious traffic crimes could result in a denial of employment.

Employers might deny employment to applicants with poor driving records because of potential insurability and liability issues.

How Far Back Does a Background Check Go in Washington State?

Washington State has specific guidelines for how far back a background check can go and what can be reported on a background check.

According to the Washington State Human Rights Commission, the use of arrest records for employment purposes is considered an unfair employment practice. However, pending charges may be appropriate for review.

When using a professional background screening company, conviction records are only reportable for seven years if the salary of the person being hired is $19,999.99 or less.

Washington State background checks can also provide other important information, including verifying candidate’s identity, employment history, and whether they appear on any national sex offender or government watch lists.

With this information, employers will gain a better understanding as to whether the applicant is the right person for the job.

How Much Does a Washington State Background Check Cost?

If you choose to request background check information from the Washington State Patrol by mail or in person, you will have to pay a $32 fee.

The information that you will receive will be limited, however. The information will only include conviction records and sex offender registry information.

It will not include information about criminal records from other states or the federal government. Information from the state will also not include other types of background information that you might need, including information about your applicants’ employment records and education.

Some employers are tempted to rely on free background check services that they find online. However, these providers are not vetted.

In many cases, the information they provide is not up-to-date and may contain multiple errors. Relying on this type of information when making hiring decisions can expose you to risks of liability.

Working with iprospectcheck is the smarter choice. You can select from several packages and add-ons to receive the information you need.

If you intend to order between 25 to 50 background check reports per year, you can choose from the following three packages:

  • $24.95 per report – Basic reports that include national criminal history search, sex offender search, and identity verification
  • $49.95 per report – Standard report that includes all of the information in the basic report plus searches of the Global Terrorist Watchlist and a seven-year county criminal records search
  • $79.95 per report – Premium report that includes all of the information in the basic and standard reports plus an employment verification and an education verification

If your company plans on ordering more than 50 reports each year, we offer discounts for volume pricing. Call us for a free quote to learn how we can meet your needs.

How Long Does a Background Check Take in Washington State?

How long it might take to conduct a background check will depend on the method you use.

If you send requests to multiple state agencies, former employers, and educational institutions, the process could take weeks.

This is another reason why you should work with a reliable background check provider like iprospectcheck.

Because of our extensive resources and training, we can provide background check reports in as little as a few hours.

County Resources

Adams County

Adams County has a population of slightly more than 20,000 people and is located in eastern Washington. The county seat is Ritzville.

Adams County Public Records and Information Resources:

Asotin County

Asotin County is located in the southeastern corner of Washington and has a population of slightly more than 22,000 people. The county seat is Asotin.

Asotin County Public Records and Information Resources:

Benton County

Benton County is located in south-central Washington and has a population of more than 212,000 people. The county seat is Prosser.

Chelan County

Chelan County has a population of nearly 80,000 people. The county seat is Wenatchee.

Chelan County Public Records and Information Resources:

Clallam County

Clallam County has a population of slightly more than 77,000 people. The county seat and largest city is Port Angeles.

Clark County

Clark County has a population of more than 561,000 people and borders Oregon. The county seat is Vancouver.

Clark County Public Records and Information Resources:

Columbia County

Columbia County is in eastern Washington and has a population of just over 4,000 people. The county seat is Dayton.

Columbia County Public Records and Information Resources:

Cowlitz County

Cowlitz County has a population of just under 112,000 people. The county seat is Kelso.

Douglas County

Douglas County has a population of almost 43,000 restaurants. The largest city and county seat is East Wenatchee.

Douglas County Public Records and Information Resources:

Ferry County

Ferry County is located along Washington’s northern border and has a population of just over 7,100 people. The largest town and county seat is Republic.

Ferry County Public Records and Information Resources:

Franklin County

Franklin County is located in the Tri-Cities area of Washington State and has a population of slightly more than 98,000 residents. The largest city and county seat is Pasco.

Franklin County Public Records and Information Resources:

Garfield County

Garfield County is the least populous county in the State of Washington with just over 2,100 residents. The largest town and county seat is Pomeroy.

Garfield County Public Records and Information Resources:

Grant County

Named for former U.S. President Ulysses S. Grant, Grant County is home to almost 100,000 residents. The largest city is Moses Lake, and the county seat is Ephrata.

Grant County Public Records and Information Resources:

Grays Harbor County

Grays Harbor County is located in far Western Washington along the Pacific Coast. It has a population of slightly more than 75,000 people. The largest city is Aberdeen, and the county seat is Montesano.

Grays Harbor Public Records and Information Resources:

Island County

Island County is comprised of multiple islands in Puget Sound. The largest city is Oak Harbor, and the county seat is Coupeville. The population is slightly more than 86,000 people.

Island County Public Records and Information Resources:

Jefferson County

Jefferson County has a population of almost 33,000 people. Its western edge sits along the Pacific Ocean, while its eastern edge borders Puget Sound. The largest, and only incorporated, city and county seat is Port Townsend.

Jefferson County Public Records and Information Resources:

King County

King County is the most populous county in Washington with nearly 2.3 million residents. The largest city and county seat is Seattle.

King County Public Records and Information Resources:

Kitsap County

Kitsap County is located along Puget Sound and has a population of more than 275,000 people. The county seat is Port Orchard, and the largest city is Bremerton. The U.S. Navy has a base in Bremerton.

Kitsap County Public Records and Information Resources:

Kittitas County

Kittitas County is located in central Washington and has a population of slightly more than 42,000 residents. The largest city and county seat is Ellensburg.

Kittitas County Public Records and Information Resources:

Klickitat County

Klickitat County is located on Washington’s southern border with Oregon. It has a population of slightly less than 23,000 people. The largest town and county seat is Goldendale.

Klickitat County Public Records and Information Resources:

Lewis County

Lewis County is located in southwestern Washington and has a population of slightly less than 83,000 people. The largest city is Centralia, and the county seat is Chehalis.

Lewis County Public Records and Information Resources:

Lincoln County

Lincoln County is located in eastern Washington and has a population of slightly less than 11,000 people. The largest town and county seat is Davenport.

Lincoln County Public Records and Information Resources:

Mason County

Mason County is located in western Washington and has a population of more than 65,000 people. The largest city and county seat is Shelton.

Mason County Public Records and Information Resources:

Okanogan County

Okanogan County is a remote county located along the northern border of Washington. It has a population of slightly more than 42,000 people. The largest town is Omak, and the county seat is Okanogan.

Okanogan County Public Records and Information Resources:

Pacific County

Pacific County is located in western Washington along the Pacific Coast. The population is just over 24,000 residents and the largest town is Raymond. The county seat is South Bend.

Pacific County Public Records and Information Resources:

Pend Oreille County

Pend Oreille County is located in the far northeastern corner of Washington and has a population of just over 13,000 people. The largest town and county seat is Newport.

Pend Oreille Public Records and Information Resources:

Pierce County

Pierce County is located in western Washington close to Seattle and is home to Mt. Rainier. The population is slightly more than 975,000 people, and the largest city is Tacoma.

Pierce County Public Records and Information Resources:

San Juan County

San Juan County is located in far northwestern Washington in the Salish Sea. The population is slightly less than 18,000 people, and the largest town and county seat is Friday Harbor.

San Juan County Public Records and Information Resources:

Skagit County

Skagit County is located in northwestern Washington and has a population of slightly less than 130,000 people. The largest city and county seat is Mount Vernon.

Skagit County Public Records and Information Resources:

Skamania County

Skamania County is located in southern Washington on the border with Oregon near Portland, Oregon. The population is just over 12,000 residents, and the largest town and county seat is Stevenson.

Skamania County Public Records and Information Resources:

Snohomish County

Snohomish County is the third-most populous county in Washington with a population of more than 827,000 people. The largest city and county seat is Everett.

Snohomish County Public Records and Information Resources:

Spokane County

Spokane County is located on the far eastern border of Washington with Idaho. The largest city and county seat is Spokane, and slightly more than 575,000 people call the county home.

Spokane County Public Records and Information Resources:

Stevens County

Stevens County is located in northeastern Washington, and its northern end borders Canada. The county has a population of slightly more than 47,000 people. The largest town and county seat is Colville.

Stevens County Public Records and Information Resources:

Thurston County

Thurston County is located in western Washington and has a population of nearly 300,000 people. The largest city and county seat is Olympia, which is also the state capital.

Thurston County Public Records and Information Resources:

Wahkiakum County

Wahkiakum County is located in far southwestern Washington on the border with Oregon. It has a population of just over 4,400 people. The largest town and county seat is Cathlamet.

Wahkiakum County Public Records and Information Resources:

Walla Walla County

Walla Walla County is located in southeastern Washington and has a population of more than 62,000 people. The largest city and county seat is Walla Walla.

Walla Walla County Public Records and Information Resources:

Whatcom County

Whatcom County is located in northwestern Washington and has a population of more than 236,000 people. The largest city and county seat is Bellingham.

Whatcom County Public Records and Information Resources:

Whitman County

Whitman County is located along the southeastern border of Washington. The population is almost 48,000 people. The largest city is Pullman, and the county seat is Colfax.

Whitman County Public Records and Information Resources:

Yakima County

Yakima County is in southern Washington and has a population of slightly more than 257,000 people. The largest city and county seat is Yakima.

Yakima County Public Records and Information Resources:

Know Before You Hire

About the Author
matthew rodgers

Matthew J. Rodgers

Matthew J. Rodgers is a highly accomplished business executive with over 30 years of experience providing strategic vision and leadership to companies ranging from the fortune 500 to iprospectcheck, a company which he co-founded over a decade ago. Matthew is a valued consultant who is dedicated to helping companies create and implement efficient, cost effective and compliant employment screening programs. Matt has been a member of the Professional Background Screeners Association since 2009 . When not focused on iprospectcheck, he can be found spending time with his family, fly fishing, or occasionally running the wild rivers of the American west. A lifetime member of American Whitewater, Matt is passionate about protecting and restoring America’s whitewater rivers.