Your Guide to Conducting a Washington State Background Check

Cindy Ellis - December 15, 2023

If you’re planning on conducting a Washington state background check, you should learn certain basics before doing so. They include:

• What you CAN and CAN’T conduct a Washington State background check for (you can find more information on that here
• What federal and state laws apply to Washington State background checks
• What types of information a background check report might provide
• How you can act on the information in a background check report
• How to improve the odds that a background check report will be thorough and accurate

The following guide will answer your essential questions on this topic. It also highlights the importance of using a reliable Washington state background check tool to ensure quality results.

What Type of Information Does a Washington State Background Check Provide?

There is no one single type of background check you might conduct. The type of background check you conduct in Washington state will naturally influence the types of information a background check report provides. That said, a background check report will often provide such information as:

• An individual’s full name and any other names they may have used in the past
• Age and birthdate
• Educational background
• Social media accounts, online dating accounts, etc.
• Marital status
• Court records and criminal records
• Sex offender status
• Current address and past addresses

When using a background check service, you will typically provide the service or tool with the information you already have about the subject of your background search. The more information you gather ahead of time, the easier it may be for a background check tool to generate a thorough and accurate report.

Reasons You May Conduct a Washington State Background Check

There are various potential reasons you might have for using a Washington State background check tool to look up information about somebody. Examples include:

• Looking up old friends and family members who may not be on social media
• Learning more about a potential romantic partner
• Researching new roommates and/or neighbors
• Identifying someone who may be contacting you anonymously

Be aware you can also conduct a background check on yourself in Washington state. You may do so if you’re curious to learn what information about yourself may currently be available online.

How the Fair Credit and Reporting Act Affects Washington State Background Checks

You might assume you can use a Washington State background check tool or service to pre-screen job applicants if you’re an employer or tenants if you’re a landlord. What you might not realize is that the Fair Credit and Reporting Act (FCRA) establishes certain legal requirements regarding how parties such as employers and landlords may use background checks.

Don’t use a background check tool to disqualify potential employees or tenants without thoroughly understanding the implications of the FCRA when doing so. To conduct a background check on a job applicant or similar individual in a manner that’s in proper accordance with the FCRA, you must take such steps as:

• Notifying the applicant that you plan on conducting a background check
• Getting an applicant’s written permission to conduct a background check
• Providing the background check service with confirmation that the job applicant or other such party provided their written permission to proceed

If an employer, landlord, or related party conducting a Washington state background check for pre-screening purposes discovers information that may give them reason to disqualify a candidate or applicant, they must send the individual a letter stating this. In the letter, they must give the individual a reasonable amount of time (usually five business days) to explain the negative information a background check may have turned up.

If they don’t provide a sufficient explanation, the landlord or employer can then send them a final letter confirming they decided to move forward with an “adverse action” (such as rejecting a job applicant) based on the results of a background check.

If you make any errors during the process, you could accidentally break the law. Avoid doing this by coordinating with your HR department or outside legal professionals to ensure you’re in full compliance when conducting a background check and acting on the information it provides. Never use a Washington state background check tool for purposes other than those it is advertised for; please note that this means you cannot use Information.com’s background search tools for any employment or hiring purposes.

Washington State Background Check Laws You Need to Know

The FCRA isn’t the only law governing how various parties may conduct background checks. Several state laws also apply to background checks in Washington. They include:

RCW 49.4

This statute, also known as the Fair Chance Act, prohibits employers from looking into the criminal backgrounds of job applicants unless they have already determined a given applicant may have the qualifications necessary to fill the role they’re seeking. Once an employer believes an applicant may be right for a position, they can proceed to research their criminal background.

RCW 49.4 also prohibits employers from engaging in any practices that may result in automatically disqualifying job candidates with criminal records. Additionally, employers may not reject candidates simply because they failed to disclose their criminal records.

WAC 162.12.140

Under this law, in Washington state, background checks providing information about arrests must also clearly explain:

• Whether charges are still pending
• If charges have been dismissed
• If charges resulted in a conviction

If a background check report indicates a job applicant’s charges did result in a conviction, an employer must still carefully evaluate whether the nature of said conviction would impact a candidate’s performance in the job they’re seeking.

This law also prohibits Washington State background check reports from providing information on arrests over 10 years of age. The goal is to ensure that those who have paid their debt to society don’t continue to face struggles due to the unwillingness of some employers to hire those with criminal backgrounds.

RCW 19.182.020

This law places relatively strict limits on when employers can ask job candidates and employees about their credit reports and credit history. Unless federal or state law requires an employer to look into an applicant’s credit due to the nature of the role they’ve applied to, an employer can only research a candidate’s credit history if they can show their credit history is relevant.

For example, maybe someone was interviewing for a job that requires being able to make wise financial decisions. An employer might be able to justify asking about their credit in these circumstances. However, they should be prepared to defend their decision to investigate this matter if anyone suggests looking into an applicant’s credit was unnecessary.

RCW 49.44.200

This law establishes certain requirements and restrictions for employers in regard to their employees’ social media accounts. Specifically, the law establishes that employers:

• May not request that employees change the privacy settings of their social media accounts
• May not require, pressure, or otherwise request that employees add them as social media connections or “friends”
• Can’t require employees to provide their social media login information
• Can’t require employees to access their social media accounts in the presence of their employers

Familiarize yourself with this law if you’re an employer who may be in the habit of looking up your employees and job applicants on social media. You might need to exercise caution regarding how you use any of the information you find.

Reasons Not to Conduct a Washington State Background Check

Again, you should not use a Washington State background check service to pre-screen potential employees or tenants unless you’ve coordinated with knowledgeable professionals and are confident you’re abiding by all applicable laws, and you cannot use Information.com to conduct a hiring background check.

Other reasons you should NOT use a background check service include:

• Gathering information about someone for the purposes of stealing their identity
• Gathering information about someone for the purposes of stalking them, harassing them, or otherwise contacting them against their will
• Researching domestic help
• Checking whether someone possesses the necessary financial qualifications to participate in a financial program

Strongly consider consulting with an expert if you ever have any questions about whether the way you plan on conducting a background check is legal. A background check tool is only valuable if you use it as intended.

Benefits of Washington State Background Checks

The specific ways in which you benefit from conducting a background check on someone in Washington State may vary depending on your reasons for conducting a background check and the type of information you uncover. However, several general benefits background checks may offer include:

Peace of Mind

You may be conducting a background check because you have suspicions about an individual. Whether they be a new romantic partner, a new neighbor, or someone you’ve never met who is now contacting you, if your background check doesn’t reveal any red flags, you may be more comfortable allowing this individual to be part of your life.

Safety

Once more, you need to be very careful about the way you act on information you may find about a person’s criminal history when conducting a background check. That said, in some circumstances, conducting a background check could help you and your loved ones stay safe by providing information about another party’s violent past, sex offender status, etc.

Saving Time

Technically, much of the information a background check report may provide you with could be available online already. You could theoretically track all that information down yourself.

This may be true. However, it’s important to understand that these various pieces of information are often scattered across a range of sites, platforms, accounts, etc. Tracking it all down yourself and confirming its accuracy may be prohibitively time-consuming.

Using a Washington state background check service is much more convenient. All you have to do is provide the information you already have about the subject of your background search, and the tool or service will generate a report far more quickly than you could on your own.

Learning About Yourself

As this guide previously mentioned, conducting a Washington state background check on yourself is an effective way to learn what types of information about you is available online. In addition, you may learn about yourself and your family as a result of conducting a background check on a long lost relative.

Tips for Conducting Washing State Background Checks

Using a reliable background check tool is critical when researching someone’s past. You want to be confident the results of a background check report are trustworthy. Again, you must also be certain you’re obeying the law when conducting a background check and acting on the results.

Other tips to keep in mind when conducting background checks in Washington state include:

• Gather as much information as you can about the subject of your background check (such as name, known addresses, past contact information, etc.) beforehand to boost accuracy and save time
• Establish a clear reason for conducting a background check into a given individual, and keep this reason in mind whenever you act on the results of a background check
• Consider notifying the subject of your background search that you are looking into their past

It’s often wise to give an individual the opportunity to explain themselves if a background check reveals any red flags or other causes for concern. A background check report may not provide valuable context that can explain why an individual may have certain red flags in their past. Additionally, depending on the scenario, giving a person (such as a job applicant) the chance to address the results of a background check may be a legal requirement.

Washington State Background Checks Provide Valuable Information

There is no shortage of legitimate reasons you may have for conducting a background check in Washington state. Hopefully, the information here has helped you better understand how you may do so legally and efficiently. By keeping these points in mind and using a quality background check service, you can research a person’s past ethically and accurately.