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Can a current employer discuss your criminal history with other employees.

Asked over 2 years ago - Seattle, WA

Employment

I have worked at this company for several years. During my tenure here, I was found guilty of a crime, disclosed it to my supervisor, was given a leave of absence to serve my time, then told to ask in writing for my job back.

I submitted my letter, it was approved and I came back to work. Three years later, my criminal history is being discussed with others in the office. Doesn't the employer have a duty to keep such things confidential? The response I got was "it was public record" so it wasn't a big deal.

I disagree -- what do you say? What are my rights?

I would think that anyone with a record - be it misdemeanor or felony - has a right to privacy and confidentiality or do you give up all rights when you're convicted?

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Attorney answers (1)

Daniel A Swedlow

Reputation Level 8

Answered over 2 years ago. Employment / Labor Attorney in Seattle, WA.

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Criminal history, especially convicion information, is public information and can be shared without restriction. See RCW 10.97

Medical history is a totally different reality and cannot be shared.

Your best bet is to talk with your supervisor about your concern and ask that the discussions stop. You could address it up front so it loses some of the mystique that makes people want to talk about it. If it was a violent crime, depending on the type of employer, they might have a duty to disclose the information to co-worker and even customers or state licensing agencies. If it was a non-violent crime, and not the type of crime that would impact your trustworthiness (like bank fraud and you work with money), it shouldn't matter and it shouldn't be a subject of workplace conversation. That however is not a legal issue, that is a common decency issue. Legally, you have no right to privacy as to that information. You could explore challenging the record and trying to get it sealed. Call the Washington State Patrol or go to their website to figure out whether that's an option. Good luck.

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