Background Checks in Washington.

Who this guide is for

This is a practical compliance guide for Washington employers running pre-employment background checks. It covers what state and city law allows, what an actual check returns, where Washington has unusual limitations, and which package fits common industries (healthcare, education/childcare, cannabis, aerospace/manufacturing, transportation, technology, government).

For self-screeners running a check on themselves before applying for a job in Washington, see our personal background check page instead.

When Washington employers should screen

Washington employers commonly request these checks depending on the role and industry:

• Criminal background check — county-level, statewide repository, and national database
• Motor vehicle records (MVR) — required for any role involving driving company vehicles or transporting passengers/cargo
• Employment verification — confirm prior job titles, dates, and reason for separation (where lawful)
• Education verification — required for licensed professions (nursing, teaching, accounting, engineering)
• Professional license verification — Washington Department of Health for healthcare; Department of Licensing for trades
• Drug and alcohol testing — limited by HB 1493 for cannabis but unchanged for safety-sensitive and DOT-regulated positions
• DCYF / OSPI fingerprint checks — required for childcare, foster care, K-12 education roles
• WSLCB cannabis worker check — required for state-licensed cannabis industry employees
• FMCSA Clearinghouse + PSP — required for CDL drivers under federal law (handled via our DOT compliance program)

Washington compliance table

Topic	Rule	What employers should do
Ban-the-box / Fair Chance	Yes — RCW 49.94 (state, 4+ employees) + SMC 14.17 (Seattle, stricter)	Do not ask about criminal history on the application or in initial interviews. Wait until the applicant is determined "otherwise qualified" before inquiring or pulling a criminal report.
Criminal lookback	FCRA 7-year limit on non-convictions. Convictions reportable indefinitely under federal FCRA.	Use a CRA that respects FCRA limits. Consider business-relevance and time elapsed when evaluating older convictions, especially for Seattle-based roles where "legitimate business reason" is required.
Sealed / vacated records	Vacated under RCW 9.94A.640 (felony) or RCW 9.96 (misdemeanor) — treated as if never occurred	Do not consider vacated records in employment decisions. If a vacated record appears on a CRA report, file an FCRA dispute with the reporting agency.
Cannabis (off-duty use)	RCW 49.44.240 (HB 1493, eff. Jan 1 2024) — restricts pre-employment cannabis testing and hiring decisions based on off-duty use	Remove cannabis from pre-employment drug panels for non-safety-sensitive, non-federal roles. Continue cannabis testing for DOT-regulated CDL drivers and federal contractors. Document the safety-sensitive justification for any retained cannabis testing.
Salary/credit checks	No statewide credit-check ban. Federal Fair Credit Reporting Act applies.	Limit credit checks to roles with genuine fiduciary or financial-control responsibility. Document the business reason in case of FCRA disclosure dispute.
Pending charges	Reportable under federal FCRA but use is limited under state Fair Chance and Seattle FCEO	Pending charges (no conviction) should generally not be the sole basis for adverse action — especially in Seattle. Document the legitimate business reason if used.
Adverse action	FCRA pre-adverse + adverse action notice required. Seattle adds local notice timing.	Send pre-adverse action notice with copy of report + summary of rights, wait at least 5 business days for dispute, then send final adverse action notice. For Seattle, follow SMC 14.17 timing.

Statewide rules vs. Seattle local rules

Washington has both a statewide Fair Chance Act and a stricter Seattle overlay. Many employers operating across the Puget Sound region must comply with both. Outside Seattle, only the state law applies; within Seattle (50%+ of duties performed in city limits), Seattle's ordinance controls.

Washington Fair Chance Act (RCW 49.94)

• Coverage: Employers with 4 or more employees in Washington
• Restriction: Cannot ask about, obtain, or consider an applicant's criminal record until after the employer has determined the applicant is otherwise qualified for the position
• Enforcement: Washington Attorney General's office
• Penalties: Up to $750 per first violation; higher for repeat violations

Seattle Fair Chance Employment Ordinance (SMC 14.17)

• Coverage: Employers of any size, for jobs where 50% or more of work duties are performed within Seattle
• Stricter than state law: Cannot use arrest/conviction records to deny employment unless there is a legitimate business reason tied to the duties of the specific job
• Notice requirement: Specific timing for notifying applicants of intended adverse action and giving them an opportunity to respond — exceeds federal FCRA
• Enforcement: Seattle Office for Civil Rights
• Penalties: Up to $1,000+ per violation, plus possible reinstatement, back pay, and damages

Spokane, Tacoma, and other Washington cities do not currently have separate fair-chance ordinances comparable to Seattle's. Statewide rules apply to those jurisdictions.

What shows up on a background check in Washington?

• County criminal records — direct searches at all 39 Washington county superior and district courts. Coverage includes King (Seattle), Pierce (Tacoma), Snohomish (Everett), Spokane, Clark (Vancouver), Thurston (Olympia), Kitsap, Whatcom (Bellingham), and every other county.
• WSP WATCH statewide repository — name-based search through the Washington State Patrol Access to Criminal History portal
• Federal criminal search — federal district court records (US District Court for Western and Eastern Districts of Washington)
• National criminal database — multi-state aggregator covering most jurisdictions; not authoritative on its own (per FCRA, requires county-level verification)
• Sex offender registry — Washington State Patrol registry plus national sex offender public registry (NSOPW)
• Motor vehicle records (MVR) — Washington Department of Licensing; 3-year or 5-year abstract
• Employment verification — direct contact with prior employers (typically last 3-5 employers)
• Education verification — high school, college, or graduate degrees
• Professional license verification — Washington Department of Health (healthcare), Department of Licensing (trades, real estate, security guards)
• Drug and alcohol testing — at any of 1,500+ Washington collection sites; cannabis restrictions per HB 1493
• DOT-specific checks — for CDL drivers: FMCSA Clearinghouse pre-employment and annual queries, PSP report, MVR (handled via the parent Vertical Identity DOT compliance program)

Turnaround times in Washington

Most Washington background checks complete in 1 to 5 business days. Specifics:

• WSP WATCH statewide search: typically same-day to 24 hours for name-based
• King and Pierce County criminal: 1-2 business days (online court access via JIS-Link)
• Smaller county criminal searches: 1-3 business days (some require clerk-assisted searches and may extend to 5-7 business days, especially in rural eastern Washington counties)
• Federal criminal: 1-2 business days via PACER
• MVR: typically same-day to 24 hours
• Employment verification: 2-5 business days depending on prior employer responsiveness
• Education verification: 1-3 business days; longer for international institutions
• DCYF/OSPI fingerprint checks: 7-14 business days (state-administered, not a commercial CRA)
• WSLCB cannabis worker permit: 4-6 weeks for new applications

Common-name candidates, missing identifiers (no DOB or SSN), and out-of-state prior employment can all extend turnaround. We surface specific delays inside the applicant tracking dashboard so HR teams know what's blocking each check in real time.

Washington-specific limitations

• DOB restrictions on court records: Some Washington courts redact full date of birth on online records to comply with privacy rules. This can cause false positives or misses on common names — county-level verification is required.
• Vacated records cannot be considered: Even if a record appears on a database due to delayed updates, employers who rely on vacated records risk both FCRA dispute liability and Washington Fair Chance Act enforcement.
• Pending cases: Reportable but use is restricted — particularly in Seattle. Pending charges should generally not be the sole basis for adverse action.
• Alias / maiden name searches: Required for thorough screening of candidates who have changed names. Not all national databases include alias searches by default.
• Tribal court records: Washington has 29 federally recognized tribes; tribal court records are separate from state court records and may not be accessible through standard CRA channels. Consider supplemental tribal court searches for roles serving tribal populations.
• Cannabis test results: Under HB 1493, a positive non-psychoactive cannabis result alone (e.g., a positive THC metabolite from off-duty use) cannot be used to deny employment for non-safety-sensitive, non-federal positions.
• Clerk-assisted searches: Several rural Washington counties require clerk-assisted searches rather than online access. Budget extra time for those jurisdictions.

Recommended screening package by employer type

Healthcare employers

Hospitals, clinics, dental practices, and senior care facilities operating in Washington should run:

• Criminal background check (county + WSP WATCH + national database)
• OIG / SAM exclusion search (federal — required for any employer billing Medicare/Medicaid)
• Washington Department of Health license verification
• Drug testing (cannabis-restricted under HB 1493 except for safety-sensitive roles)
• Employment verification (3 prior employers minimum)
• Education verification (degree + nursing/medical school)
• Sex offender registry (national + Washington)

Education and childcare employers

K-12 schools, licensed childcare facilities, daycare centers, and after-school programs:

• DCYF Background Check Central Unit (BCCU) fingerprint check — required by state law for licensed providers
• OSPI fingerprint check for K-12 school employees
• Washington State Patrol WATCH name-based check
• National criminal database
• National + Washington sex offender registry
• Education verification
• Professional license / teacher certification verification

Cannabis industry employers

State-licensed cannabis growers, processors, retailers, and labs in Washington:

• WSLCB cannabis worker permit application (state-administered)
• Criminal background check (county + WSP WATCH)
• Identity verification
• Note: federal criminal records and cannabis-related convictions are common in this industry and are not automatic disqualifiers under WSLCB rules

Aerospace and manufacturing

Boeing, Blue Origin, SpaceX, and tier-1 manufacturers require:

• Federal criminal search (federal contracts often require)
• County criminal search
• National criminal database
• Drug testing (federally regulated where applicable; cannabis testing retained for safety-sensitive roles)
• Employment verification
• Education + degree verification
• Federal export control / ITAR screening for some roles

Transportation and trucking

For CDL drivers operating in Washington (interstate or intrastate), full DOT compliance is required. This is handled through our parent brand Vertical Identity:

• FMCSA Clearinghouse pre-employment full query + annual limited queries
• Pre-Employment Screening Program (PSP) report — 5 years inspection + 3 years crash data
• MVR (Washington DOL — typically 5-year abstract)
• DOT drug and alcohol testing (cannabis testing retained — federal law preempts WA HB 1493)
• Previous employer drug and alcohol testing history (49 CFR 391.23)
• Driver Qualification File (DQF) management

Small business / general employers

For small businesses hiring office, retail, or service staff:

• National + Washington criminal database
• County criminal search (residence county)
• National sex offender registry
• Identity verification
• Optional: employment verification, MVR for driving roles, drug testing for safety-sensitive roles

Pricing

Washington background check packages start at $39 for the standard pre-employment package (criminal + sex offender + identity). Add drug testing ($69 standard, $59 BAT), MVR (varies by state), employment verification, and education verification a la carte. State-administered fingerprint checks (DCYF, OSPI, WSLCB) carry separate state fees. Volume pricing is available for ongoing employers — call (602) 899-3611 or schedule a demo for a quote.

Browse our full pre-employment screening packages or enterprise programs for high-volume employers (100+ checks/year, ATS integration, dedicated account manager).