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What is an employer's window to conduct post and pre-employment background checks in WA state

I need information about employers post and pre-employment background check request. Also, need information on the required time schedule that an individual must list misdemeanors on employment applications.

Is an employer allowed to wait months after an individual is employed and/or promoted to request the first background check?

If so, is an employer allowed to fired an indivual for a 6yr old misdemeanor that an employee did not list on application, if the misdemeanor did not relate to the job applied for?

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Attorney answers (2)

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Reputation Level 20
The answer to this question is complicated. The employer can only ask about convictions, not arrests. If your job involves financial transactions they can ask about misdemeanor convictions which reflect on your honesty (such as petty theft). Usually they are interested only in felony convictions. NOTE: regardless of your criminal record if you do not fully disclose your situation, if asked, on your job application you can be terminated for that alone. A post hire investigation seems a waste of everyone's money because if it turns up negative facts you didn't disclose the employer has just wasted a great deal of money training you.

Reputation Level 11
This is a classic post that is impossible to answer with the information provided. Relying on a web site to inform you of the law, especially if you do not also speak to a qualified employment lawyer who will ask the necessary questions to properly advise you, is really not recommended. Please do not take any action until you have spoken to an employment lawyer. Check www.welaweb.org for a list. Good luck.

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