Background checks are one of several tools essential for building a qualified team. These screenings help employers make educated hiring decisions by examining a potential hire’s history and assessing their suitability for the position.
Background checks provide valuable information regarding an applicant’s criminal, educational, and employment history. Employers must be familiar with the background check process and the laws that govern it before implementing a screening program.
This guide covers all you need to know about Washington State background checks: what they consist of, how far back they extend, how soon they deliver results, and what regulations influence them.
What Is a Washington State Background Check?
Washington State background checks examine an individual’s history. Employers typically use these screenings to confirm a potential hire’s identity and review information relevant to the job in question.
Employers commonly implement screenings before hiring a candidate to ensure they recruit qualified personnel. Background checks include several searches that verify an individual’s identity and study their credentials. These searches underline an applicant’s qualifications and supply valuable information beyond what is seen on a résumé.
Employers also conduct screenings within their organization. These screenings may be more extensive depending on the scope of the role. For example, managerial roles demand more responsibility than entry-level positions, so managerial candidates typically undergo more scrutinized examinations.
Caring positions also require thorough examinations to fill. Positions such as EMS personnel, caregivers, and first responders work with vulnerable communities, including children and the elderly, and must be extensively vetted to protect those communities.
A comprehensive screening program promotes a safe workplace, lessens risk, and bolsters a company’s reputation. Washington State employers must conduct fitting searches for the given roles within their industry to recruit the ideal personnel. Common search types include criminal and civil history, education and employment verification, and motor vehicle records checks.
What Does a Washington State Background Check Include?
Washington State background checks reveal details related to the search type conducted. Search types include criminal and civil records history, education and employment verification, and credit background checks.
Criminal History: Criminal history checks reveal a person’s pending criminal cases and convictions, including offense date, type, and severity. A criminal record won’t automatically rule out employment, but it can influence hiring decisions.
Civil Court Check: Civil court checks show a person’s lawsuits, foreclosures, restraining orders, and other civil matters. Employers typically use these searches to fill financial and managerial positions.
Education Verification: Education verification confirms a person’s past schools, including institution names, addresses, contact information, attendance dates, and certificates awarded. These searches show a candidate’s honesty about their education.
Employment Verification: Employment verification checks a person’s past employers, including their names, addresses, contact information, dates of employment, and positions held. These searches can unveil gaps in employment or omitted employers.
Credit Background Check: Credit background checks detail a person’s credit history, including payments, accounts in collection, and bankruptcies. Employers usually conduct these searches to fill roles requiring financial responsibility.
Identity Verification: Identity verification shows a candidate’s name, address, Social Security number, and date of birth. These checks ensure a candidate is who they claim to be and prevent identity theft. They expose whether a stolen identity has been used to apply for the position.
SSN Trace: Social Security number (SSN) traces check a proprietary database with prior names, addresses, and birth dates associated with the SSN provided. These traces develop an address history for the candidate and recognize potential alias names and birth dates. SSN traces use non-confidential header information recorded every time a person uses their SSN, such as for loans, mortgages, credit cards, and utilities. These searches are used for identification and shouldn’t be considered in hiring choices.
Professional License Verification: Professional license verification details a person’s professional license information, including issue date, license type, expiration date, and validity. Employers use these searches when filling positions requiring specific credentials. They ensure a candidate’s qualifications and prevent negligent hiring claims.
Motor Vehicle Records Check: Motor vehicle records (MVR) checks reveal a person’s driver’s license information, traffic violations, and points or suspensions. Employers utilize these checks to fill positions requiring vehicle operation. They show a candidate’s driving record and ensure they are qualified and insurable.
Sex Offender Registry Check: Sex offender registry checks disclose if a person is a registered sex offender at the time of the check. These checks reveal the offender’s aliases, address, conviction state, and physical features. Employers use the checks when filling roles working with vulnerable populations, such as children.
Pre-Employment Drug Test: Employers implement pre-employment drug testing programs to promote a safe workplace. These programs typically consist of a 5-panel drug test that screens for amphetamines, cocaine, opiates, PCP, and THC in the candidate’s urine. These tests reveal the test taker’s recent drug use, but cannot suggest if they have or will abuse substances.
Social Media Check: Social media checks study an individual’s behavior outside of the workplace. While not typically a part of screening programs, employers may utilize these searches for a more relaxed view of candidates.
How Far Back Does a Washington State Background Check Go?
Per the Fair Credit Reporting Act (FCRA) guidelines, background checks may reach seven years into a candidate’s history for civil lawsuits, judgments, liens, accounts in collection, and arrests. These screenings may extend ten years back for bankruptcies.
The seven-year period only applies to jobs offering less than $75,000 annually. Employers may view reports since the applicant turned eighteen for jobs offering more than $75,000 a year. Employment, education, and professional license records have no access limitations.
How Long Does a Washington State Background Check Take?
The turnaround time of a background check depends on the type and extent of the search. For example, a criminal history check at the federal level may take a day to deliver results, while a more thorough search through state and county levels may take several days.
Conducting background checks yourself can significantly elongate the process. Although online records can be obtained quite easily, contacting past employers, thumbing through court records, and verifying information can be very time-consuming.
Streamline the background check process with a reputable consumer reporting agency. ScoutLogic offers a comprehensive screening program that delivers efficient and up-to-date results while adhering to legal requirements.
Criminal History Checks
Turnaround times for criminal history checks depend on the extent of the search and the jurisdictions involved. Checks at the federal level may yield results in a day, but employers often include state and county-level searches for a more accurate view of a candidate’s criminal history. These added searches can take several days to return results.
Working with multiple jurisdictions and international searches can also delay the process. Record digitization and court efficiency also influence turnaround times.
Employment Verification
Employment verification may return results within minutes if the candidate’s past employment is found in The Work Number. Otherwise, the search can take one to three business days to manually verify records. Turnaround times are influenced by past employers’ response times, the extent of the candidate’s work history, and whether international employment is listed.
Education Verification
Education verification turnaround times vary from a few minutes to a few days. Records stored in the National Student Clearinghouse can be obtained within minutes, but information that hasn’t been digitized must be accessed directly from the candidate’s past institutions. Contacting past schools and confirming information can take a few days, depending on the institution’s urgency to respond.
Motor Vehicle Records Check
Motor vehicle records (MVR) checks can be completed within minutes if the information is stored online. Otherwise, employers must submit an MVR check request through a government agency. This process may take weeks, seeing as it is done through the mail. The Washington State Department of Licensing offers online access to driving records.
Drug Testing
The time it takes for drug test results to come back depends on the type of test administered and the lab’s processing times. Rapid tests can provide results within a few hours, but more thorough tests return results in one to three business days. Positive drug tests are generally accompanied by a second round of testing, prolonging the process.
Washington State Background Check Laws & Requirements
Federal, state, and county laws affect how Washington State employers navigate background checks. Some employers are required to conduct screenings by law, while others do so to uphold a secure work environment. Washington State employers must be aware of the applicable laws and regulations prior to conducting background checks.
Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA), enforced by the Federal Trade Commission (FTC), is a federal law that applies to credit reporting agencies (CRAs) reporting information for employment background checks. This law limits the information reported by CRAs to protect consumer privacy.
Under the FCRA, CRAs cannot report protected information older than seven years in background check reports for positions offering less than $75,000 annually. Protected information includes arrests without convictions, civil lawsuits, liens, and judgments. Bankruptcies older than ten years cannot be reported. Positions offering more than $75,000 annually are exempt from this restriction.
Background check results can include all other information about an applicant. Washington State employers partnering with a third party to implement a screening program must follow FCRA guidelines. Employers must notify potential hires of their intent to perform a background check and receive their consent.
The FTC also guides employers on dealing with negative information found on screening results. Employers must complete the adverse action steps and supply candidates with their FCRA rights before refusing employment based on background check results.
Title VII of the Civil Rights Act of 1964
Title VII is a federal law enforced by the Equal Employment Opportunity Commission (EEOC) that protects applicants from discrimination based on race, color, sex, religion, or national origin. The EEOC guides employers on handling arrest and conviction records reported on background checks.
According to the EEOC, employers must evaluate criminal records individually and determine their relation to the position before refusing employment based on background check results.
Fair Chance to Compete for Jobs Act
The Fair Chance to Compete for Jobs Act is a federal ban-the-box law that forbids federal agencies and contractors from asking about criminal history on applications. This law requires covered employers to offer conditional employment before inquiring about criminal history.
Employers filling roles that require criminal record checks under federal or state law are exempt from the Fair Chance to Compete for Jobs Act.
Vacation of Certain Convictions
Under RCW 9.94A.640, individuals with certain convictions can ask the court to vacate them when specific conditions are met. People cannot have their convictions vacated under the following circumstances:
Convictions for driving under the influence
Violent crimes
Crimes against persons
Sex offenses
Class B felonies when the individual has been convicted of a new crime within the last 10 years
Class B felony that is less than 10 years old
Class C felonies when the individual has been convicted of a new crime within the last five years
Class C felony that is less than five years old
Any conviction if the individual has a pending criminal case
Vacated offenses cannot be reported on criminal background checks, and individuals can legally deny being convicted of the crime.
Credit Report Law
Under RCW 19.182.020, employers cannot inquire about an applicant’s credit reports unless one of the following exceptions applies:
Requesting a credit report is mandated by federal or state law
The credit report is substantially related to the job role
Social Media Law
Under RCW 49.44.200, employers cannot ask, require, or coerce applicants or employees to provide social media account login information. They cannot ask candidates to change their privacy settings, add them to their contact lists, or access their social media in their presence.
Ban-the-Box Law
Under RCW 49.94.010, employers cannot inquire about criminal convictions on a potential hire’s application. They can only complete a criminal background check once they have determined that the applicant is qualified for the position.
Washington Background Checks Balance Compliance, Accuracy, and Hiring Confidence
Background checks ensure you recruit the right people for the job, but can be tricky to navigate. Performing these checks can introduce challenges, from knowing what searches to include to what laws to be mindful of. Partnering with a reputable background check company can help bring in accurate results while adhering to applicable laws and regulations.
ScoutLogic simplifies the screening process with efficient and up-to-date results. Our background check programs cover all your needs and deliver valuable information to help you recruit high-quality personnel and adhere to legal regulations. Learn about our background check services and contact us today.
David Garcia, co-founder and CEO of Scout Logic, is an industry leader in the bulk background check world. With his strategic acumen and expertise in the HR sphere, specifically in hiring, recruiting, legal compliance, background checks, and resume screening, he’s an invaluable asset and consultant.
David's counsel extends across the boards of ScoutLogic, YipitData, and Supplier.io, drawing from his impactful stints on the boards of Infutor and Avetta. With an extensive 25-year journey, he champions unparalleled B2B commercial leadership within data & analytics, significantly shaping the HR landscape.
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