Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Criminal Record Disclosure Washington

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Criminal Record Disclosure Washington

    I was wondering and actually heard that certain states suck as Alaska and Washington have lengths of times in which you have to legally disclose criminal records on an application?
    Lots of them ask about any record without stating a timeframe.
    I have misdemeanors and hate listing them since they are 10 years and older...at the same time I don't want to lie.
    I know they can be seen on record if searched.
    But is there a law directly relating to employment disclosure for criminal records and duration?
    I have no felonys, but it would be interesting to know if they also have a statute of limitations in some states?

  • #2
    Criminal background checks are done all over, and legally, for various reasons. In some industries, and for some positions, there are even statutes and regulations (according to state) that say the background checks must be done. Others can jump in here if they know of any states that have laws saying an employer can't ask about crimes outside of a given time period, but I've never heard of such a thing.

    But what you'll notice is that applications will not ask in general if you've ever been arrested, or ever convicted of a crime, etc. Instead they will ask specifically if you've ever been convicted or plead no-contest to a felony. If that's the question you get, you can honestly answer "no." Or in my industry, it will ask if you've ever been convicted of abuse of a child or developmentally disabled person. An applicant can truthfully answer "no" to that even if they've been convicted of other crimes. I've never seen applications that give a timeframe, like asking if you've been convicted in the last 10 years, but since your criminal record is permanent, a background check will reveal all convictions no matter how old (unless they were expunged).

    But whatever they do ask, you should answer it truthfully. Having a minor conviction many years ago would not necessarily preclude you from being hired. But crimes involving theft or fraud might prevent you from being hired for jobs in finance or handling money. Crimes involving insurance fraud or welfare fraud will prevent you from being hired for many positions in healthcare no matter how long ago it was, so I can't see a state having a law on the books preventing an employer from getting that information.

    Comment


    • #3
      Washington - Employers may consider information about convictions or arrests only to the extent that it reasonably relates to specific job qualifications and the date of conviction or release from prison, whichever is more recent, is less than 10 years ago. Law enforcement agencies, state agencies, school districts, businesses, and other organizations that have a direct responsibility for the supervision, care, or treatment of children, mentally ill persons, developmentally disabled persons, or other vulnerable adults are exempt from this rule. Also, the Washington State Patrol is broadly authorized to provide conviction records to employers for employment purposes. The information is available only to persons involved in hiring, background investigation, or job assignment of the person whose record is disseminated. The information can only be used as necessary for specific employment purposes.
      Wash. Admin. code 162-12-140 & Wash. Rev. code 43.43.815

      P.S. You do need to read carefully how the "criminal hx" question(s) are worded on employment applications & answer truthfully.
      Last edited by Betty3; 01-07-2009, 06:26 PM. Reason: add P.S.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Thank you, quick question on "expungeing"

        I forgot the term... but I looked a while back about getting my record sealed.
        Problem is that I don't live in Washington anymore.
        Does anyone know if you can get records sealed or expunged via mail or other methods without appearing in court?
        Thanks again.

        Comment


        • #5
          Most Washington State courts require a hearing to Expunge, or Vacate, a criminal conviction. Most courts do not require you to attend if you have a lawyer appearing at the hearing on your behalf.

          You might want to contact/call an attorney in Wa. & see if you are eligible for expungement & if it would be possible to handle the expungement without you being there in person.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment

          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
          Working...
          X