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.
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.
Key Takeaways
• Pre-employment background checks confirm an applicant’s criminal history, employment record, education, credentials, and more.
• Employers conduct background checks on applicants to protect workplace safety, maintain regulatory compliance, reduce liability risks, and protect their brand.
• When an employer conducts background checks, they must ensure they comply with all state and federal laws to avoid potential penalties.
Why Should Local Employers Run Background Checks on Applicants?
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 2026
Federal Laws
Fair Credit Reporting Act (FCRA)
The FCRA protects consumers’ privacy in the information collected, held, and reported by consumer reporting agencies(CRAs). This law also regulates employers that conduct background checks.
CRAs can’t report the following information for jobs paying less than $75,000 when it’s seven or more years old:
- Arrests not resulting in convictions
- Paid tax liens
- Debt collection accounts
- Chapter 13 bankruptcies (Chapter 7 can be reported for 10 years)
- Civil lawsuits and judgments
As an employer, you must provide written notices to applicants and employees that you will conduct background checks and secure their written consent before initiating a search.
If you decide against hiring an applicant based on information contained in a background check report, you must complete the adverse action process under the FCRA before making a final hiring decision:
- Send a pre-adverse action letter to the applicant with a copy of the report that includes the problematic information.
- Give the applicant a reasonable opportunity to respond (five business days) with evidence that the information is erroneous or of rehabilitation.
- Send a final adverse action notice with a copy of the individual’s rights under the FCRA if you ultimately decide not to hire them.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 (Title VII) bans employment discrimination based on applicants’ and employees’ protected characteristics and 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 covers federal agencies and companies seeking or holding federal contracts.
Companies that want to contract with a federal agency can’t ask about criminal history until after they have made conditional job offers.
A federal agency can’t contract with a company that violates the FCA.
State 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 vacate the following convictions:
- 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 making 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
Washington has a statewide ban-the-box law found at RCW 49.94.010. Under this law, public 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 determined the applicant is 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 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 applies:
- Your 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 prohibits discrimination against applicants and employees based on marijuana use outside of work.
Under this law, employers can’t 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.
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, convictions older than seven years can be reported for nearly any job in the state.
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. You can also run a self-background check to review your own records.
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.
