Introduction to Criminal Background Checks in Washington State

In Washington State, a criminal background check is an essential tool used to evaluate an individual’s criminal history for a variety of purposes. Whether for employment, housing applications, volunteer positions, or licensing requirements, understanding how to obtain and interpret these checks is crucial.

A criminal background check allows employers, landlords, and other organizations to verify the criminal history of an individual to ensure they meet the necessary qualifications and standards. In Washington State, individuals can access criminal background information in several ways, but the availability and accuracy of this information depend on whether the check is free or paid.

What is a Criminal Background Check?

A criminal background check is a process of reviewing an individual’s criminal record, which may include:

• Arrests
• Convictions
• Sentences
• Pending criminal charges
• Court records

In Washington State, a criminal background check can be conducted through several databases, including the Washington State Patrol (WSP) and county court systems. These checks are critical for organizations seeking to ensure the safety of their employees, tenants, and other stakeholders.

Types of Criminal Background Checks Available in Washington State

In Washington State, there are different types of background checks based on the depth of the investigation and the methods used:

1. Statewide Background Checks: Conducted by the Washington State Patrol (WSP), these checks access records from across the state. They can be used for general purposes, including employment and tenant screening.
2. Fingerprint-Based Checks: These are the most thorough checks, as they use an individual’s fingerprints to search criminal databases. This method is used by employers, government agencies, and law enforcement.
3. National Background Checks: These checks go beyond Washington State and pull criminal records from across the U.S. They are commonly used for individuals applying for jobs that involve interstate or national responsibilities.
4. Local or County Checks: These checks are typically limited to a specific geographic area (e.g., a particular county in Washington). While they may be less comprehensive than state or national checks, they can still provide useful information about a person’s criminal history within a particular jurisdiction.

Obtaining a Free Criminal Background Check in Washington State

While criminal background checks often require payment for comprehensive reports, there are free resources available to obtain basic information. The Washington State Patrol (WSP) provides access to criminal history information online through the Washington Access to Criminal History (WATCH) system. This system allows residents to check if someone has a criminal record in Washington State. However, this service is not always free for everyone—there may be a fee depending on the type of report requested and who is making the request.

In addition to the WSP WATCH system, there are several other free resources to check criminal records:

• Court records: Many Washington counties provide online access to their court case records, where individuals can search for public records regarding criminal charges, court dates, and sentencing information.
• Public databases: Some free databases may aggregate criminal records for individuals who have had legal issues in Washington State. While they may not offer the same depth of information as paid services, they can still be helpful for basic checks.

It’s important to note that these free checks often have limitations. They may not provide the most up-to-date or comprehensive information, and the accuracy can vary depending on the source. For individuals requiring a more detailed or official background check, paid services like those provided by the Washington State Patrol or third-party companies might be necessary.

Who Can Request a Criminal Background Check in Washington State?

In Washington State, any individual can request their own criminal history report to verify the accuracy of the information. This is particularly important for people who may need to correct any errors in their record before applying for jobs, housing, or licenses.

Organizations, employers, and landlords can also request background checks on potential employees, tenants, or contractors. However, they must have written consent from the person being checked before initiating the process. This is to comply with state and federal privacy laws and to ensure the person is aware that their background is being evaluated.

How to Apply for a Criminal Background Check

To request a free or paid background check in Washington State, follow these steps:

1. Online Request: Visit the Washington State Patrol’s official WATCH system website to access basic criminal history information.
2. In-Person Request: If you are unable to access the online system, you may request a background check in person at the Washington State Patrol or through local law enforcement agencies.
3. Third-Party Services: If you prefer a more detailed report or need a broader national check, you may use third-party services (e.g., Precisehire) that specialize in employment screening and tenant background checks.

Limitations of Free Criminal Background Checks

While free resources are available, they come with several limitations:

• Incomplete Data: Free checks may not show the full criminal record or any records sealed or expunged from public databases.
• Limited Scope: Some free background check services only cover local or county records, which means they may miss statewide or national criminal activity.
• Accuracy: Free background checks are not always updated frequently, and the information may be outdated or incorrect.

To ensure that you receive accurate and complete information, it’s often advisable to use paid background check services, which offer more comprehensive and up-to-date reports.

How to Perform a Criminal Background Check in Washington State

Now that we’ve covered the basics of criminal background checks in Washington State, let’s dive deeper into how you can perform a criminal background check and the different resources available to you. Whether you’re an employer conducting a check for a new hire or an individual verifying your own criminal history, understanding the process and available options is essential.

1. Free Resources for Criminal Background Checks in Washington State

For those seeking free criminal background checks, there are several resources available that provide basic information. While these free checks can help identify criminal history, they may not be as detailed or comprehensive as paid services.

Washington State Patrol (WSP) WATCH System

One of the most commonly used methods for conducting a free criminal background check in Washington State is through the Washington State Patrol’s WATCH system. The WATCH (Washington Access to Criminal History) system allows individuals to access their own criminal history information or check the criminal records of others. This service provides a basic overview of any arrest records, charges, and convictions that are part of the statewide criminal history database.

• Cost: Accessing basic criminal history information through the WATCH system is free for individuals requesting their own records. However, if you need detailed information (e.g., for employment purposes), there may be a small fee for the report.
• How to Access: Visit the WSP’s WATCH system website, where you can request a name-based background check for yourself or others. Keep in mind that this service provides only limited data and does not include the most up-to-date or complete information in all cases.

County and Local Court Systems

Another useful free resource for criminal background checks in Washington State is the local county or city court systems. Many counties offer online access to court records, including criminal cases. These court records can provide details on arrests, charges, and convictions.

• Cost: Access to most court records is free, but some counties may charge small fees for certain types of reports or documents.
• How to Access: Visit the official website of the specific county’s court system, where you can search for criminal records based on an individual’s name, case number, or date of birth.

Publicly Available Online Databases

There are also a number of free online databases that aggregate criminal records from public sources. While these databases might not provide full or official records, they can give you a starting point for your search.

• Cost: Free
• How to Access: You can access these databases by searching for terms like “Washington State free criminal background check” or “public criminal records databases.”

2. Paid Services for a Comprehensive Criminal Background Check

While free services can help you access basic information, for a more thorough criminal background check, especially if you need official records or information from out-of-state jurisdictions, you will likely need to rely on paid services. These paid checks are typically more comprehensive and up-to-date than free resources.

Fingerprint-Based Criminal Background Check

For a comprehensive criminal background check in Washington State, fingerprint-based checks are one of the most reliable options. These checks involve submitting a set of fingerprints to the Washington State Patrol (WSP), which searches its database for any criminal history associated with those fingerprints.

• Cost: Fees for fingerprint background checks typically range from $30 to $60, depending on the service requested.
• How to Access: You can request a fingerprint background check through the Washington State Patrol or through an FBI fingerprinting provider. These checks provide the most accurate and complete results, as they access both state and federal databases.

Third-Party Background Check Companies

There are also third-party companies that provide comprehensive background check services. These services typically offer nationwide background checks and can include:

• Criminal history
• Sex offender registries
• Driving records
• Employment history
• Education verification

Companies like Precisehire offer background check services that are commonly used by employers, landlords, and others seeking a more detailed background report. These services often include more in-depth searches and access to specialized databases.

• Cost: The cost for third-party background checks can vary depending on the level of detail needed, ranging from $30 to over $100.
• How to Access: Visit the websites of companies like Precisehire, which specialize in employment background checks, and request the necessary reports for your needs.

Why Choose a Paid Service?

Choosing a paid service like those offered by Precisehire can provide several advantages:

• Accuracy: Paid services access the most up-to-date and official databases, ensuring you get the most accurate results.
• Nationwide Search: Many third-party services offer nationwide background checks, ensuring that you’re not limited to the state or county level.
• Comprehensive Reports: Paid services often offer more thorough reports, including details that free services may miss (e.g., pending charges, out-of-state criminal records, etc.).

3. Pros and Cons of Free vs. Paid Criminal Background Checks

Now that we’ve discussed both free and paid resources, let’s explore the pros and cons of each method for conducting a criminal background check in Washington State.

Method	Pros	Cons
Free Checks (WSP WATCH, Local Court Records, Public Databases)	Free, quick, easy to access.	Limited in scope and accuracy. Often outdated or incomplete.
Paid Services (Fingerprint Checks, Third-Party Background Check Providers)	Comprehensive, up-to-date, detailed reports.	Can be expensive, may require additional paperwork or consent.

4. Why Employers Should Be Careful with Background Checks

For employers in Washington State, using criminal background checks as part of the hiring process is critical, but it must be done ethically and legally. The Fair Credit Reporting Act (FCRA) and Washington State laws regulate how criminal background checks can be used during the hiring process.

Employers must:

• Obtain written consent from the applicant before conducting a background check.
• Use the information responsibly, ensuring that discrimination laws are not violated.
• Be mindful of ban-the-box laws, which restrict when and how criminal history can be asked during the hiring process.

Legal Aspects of Criminal Background Checks in Washington State

In Washington State, criminal background checks are governed by both federal and state laws. It’s essential to understand these laws to ensure compliance and avoid potential legal issues.

1. Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a federal law that regulates how background checks can be used, especially in employment situations. It requires employers to:

• Obtain written consent from the individual before conducting a background check.
• Provide a notice to the individual if the employer decides not to hire them based on the results of the background check.
• Offer the individual the opportunity to dispute any incorrect information found in the report.

For employers using background checks for hiring decisions, compliance with the FCRA is crucial to avoid lawsuits or fines.

2. Washington State’s “Ban-the-Box” Law

Washington State has implemented a “ban-the-box” law, which prevents employers from asking about criminal history on job applications. This law is designed to give individuals with criminal records a fair opportunity to be considered for employment without being immediately disqualified due to their background.

However, employers are still allowed to conduct background checks later in the hiring process. Criminal history can only be considered after an initial interview or when a job offer has been extended.

3. Expungement and Sealing of Criminal Records

In Washington State, certain criminal records can be expunged (sealed or removed) under specific conditions. If a record is expunged, it will not appear in background checks, giving individuals a fresh start. However, not all offenses are eligible for expungement, and it depends on the nature of the crime, the time that has passed, and whether the individual has met specific criteria.

For those seeking to seal their criminal records, it is important to seek legal advice to determine eligibility.

Frequently Asked Questions (FAQs)

Conclusion: Key Takeaways

Criminal background checks are an essential tool for employers, landlords, and individuals seeking to verify criminal history in Washington State. While there are free resources available, they may not always provide the most detailed or accurate information. Paid services, especially those involving fingerprint-based checks or third-party providers like Precisehire, offer more comprehensive results, ensuring the accuracy and thoroughness required for employment, housing, or other purposes.

Key takeaways:

• Free resources, such as the Washington State Patrol’s WATCH system, provide basic information, but may lack depth and up-to-date data.
• Fingerprint-based checks are the most accurate and reliable, but come at a cost.
• Legal requirements, such as the FCRA and Washington’s ban-the-box law, protect individuals’ rights and regulate how background checks can be used.
• Employers should always comply with the FCRA and other regulations when conducting criminal background checks to avoid legal issues.

By understanding the legal aspects, utilizing the appropriate resources, and ensuring compliance with state and federal laws, individuals and employers alike can use criminal background checks effectively and responsibly.