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Washington General Guidelines
Wash. Rev. Code Ann. ยงยง 43.43.815; 9.94A.640(3), 9.96.060(3), 9.96A.020; Wash. Admin. Code 16212140
Rules for employers:
- Arrest records. Employer who asks about arrests must ask whether the charges are still pending, have been dismissed or led to conviction.
- Convictions. Employer who obtains a conviction record must notify employee within 30 days of receiving it, and must allow the employee to examine it. May make an employment decision based on a conviction only if it is less than 10 years old and the crime involves behavior that would adversely affect job performance.
If a conviction record is cleared or vacated, an employee or applicant may answer questions as though the conviction never occurred. A person convicted of a felony cannot be refused an occupational license unless the conviction is less than 10 years old and the felony relates specifically to the occupation or business.
Employers are entitled to obtain complete criminal record information for positions that require bonding, or that have access to trade secrets, confidential or proprietary business information, money or items of value.