Run a Check in Washington

Washington Background Check Laws: What Employers Need to Know

Washington combines reporting time limits with a qualified-applicant Ban-the-Box standard and detailed notice requirements. Relevant across the state's tech, aerospace, and agriculture industries, here's what applies whether you're hiring in Seattle, Spokane, or Tacoma.

Ban-the-Box: The Qualified Applicant Standard

Employers can't inquire about a candidate's criminal record until they've determined the applicant is otherwise qualified, meaning the candidate meets the basic criteria in the job advertisement or description without any consideration of criminal history. Until that determination is made, employers can't include a question on an application, ask orally or in writing, receive information through a background check, or otherwise obtain criminal record information.

Seattle

Seattle has had its own criminal background check ordinance for private employers since 2013, permitting inquiry and consideration of criminal history only after an initial screen of the applicant.

Reporting Time Limits

Records of arrest, indictment, or conviction of an adult are reportable for 7 years from the date of disposition, release, or parole. That limit comes with an exception: it doesn't apply when the report is used for the employment of someone at an annual salary of $20,000 or more. Because that threshold covers most full-time roles, the 7-year limit won't restrict a typical Washington hiring decision, though federal FCRA rules still apply.

Juvenile Records

Juvenile records are only reportable for candidates who are under 21 at the time of the report.

Arrest Records

Using arrest records for employment purposes is considered an unfair employment practice by the Washington Human Rights Commission, though arrests tied to pending charges appear appropriate to review.

Credit Reports

Employers can't request a credit report on an applicant or employee unless they disclose the job-related reason in writing, or the report is required by law.

Notice Requirements

Washington requires three distinct notices beyond the federal standard: a copy of state consumer rights with each file disclosure alongside the FCRA Summary of Rights, notice of state rights when obtaining an investigative consumer report, and a copy of the consumer's state rights alongside the FCRA Summary of Rights before any adverse action is taken.

Social Media Password Protections

Employers can't request or require an employee or applicant to disclose login information for a personal social networking account, or cause them to change settings affecting a third party's ability to view the account's contents.

Tenant Screening

Landlords may require an applicant to pay for background screening if special notice is provided and the charge is limited to the lesser of actual cost or what a CRA would charge for the same searches. That notice must cover the types of information researched, criteria that may result in denial, and the name and contact information for any screening company used. A special adverse action notice is also required. In Seattle, a 2017 ordinance prohibits landlords from screening prospective tenants based on arrests or convictions, and arrests that didn't lead to a conviction can't be considered at all; the ordinance doesn't apply to adult sex offenders.

Pay Equity

Washington prohibits pay discrimination based on gender. The law doesn't prohibit asking about current or past pay, but it does prohibit using a candidate's previous wage as a justification for paying them less than an equal wage within the organization.

---

Pass-Through Fees for Washington Records

Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.

Common Questions from Washington Employers

When can I ask about criminal history in Washington?

Only after you've determined the candidate is otherwise qualified based on the job's stated criteria. Seattle requires waiting until after an initial screen under its own ordinance.

Can I see juvenile records on a Washington background check?

Only for candidates who are under 21 at the time of the report.

Do Washington's notice requirements differ from federal FCRA?

Yes. Washington layers three additional state notices on top of the FCRA Summary of Rights, including one before any adverse action.

This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.