Washington Background Checks | NCS

Accessing Criminal Records

In Washington, it is legal for private and public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.

Employers are not allowed to ask about or consider arrest records that have been expunged, pertain to charges that have been dropped or dismissed or did not lead to conviction may not access sealed records, or require candidates to disclose details regarding arrests or convictions that were expunged from their criminal record. In fact, employers are required to specifically inform candidates that they are under no obligation to share any information regarding expunged charges.

Washington employers are generally restricted from requesting a candidate’s credit reports. However, a credit report can be requested during employment screenings if the information is substantially related to the job’s requirements or if it is required by federal or state law.

The state has also enacted a social media law designed to protect certain aspects of people’s social media accounts. Under this law, employers in Washington state cannot require a candidate or existing employee to provide personal social media login credentials or open their social media in front of an employer. 

Employers are also prohibited from asking for social media privacy settings to be changed in order to view a person’s page or request to be added as a contact. Exceptions may apply if reports have been received that are related to the employee’s social media activities.