March 18, 2025
The Washington House of Representatives recently passed a bill to expedite background checks for specific roles. This bill is House Bill 1385 (HB 1385) and would expedite the background check process for roles that provide care for vulnerable populations.
HB 1385 would address the delays in background checks by facilitating criminal record information exchanged under the National Child Protection Act (NCPA). The bill does this by requiring the Washington State Patrol to implement the National Crime Prevention and Privacy Compact. This federal information-sharing system facilitates how states share criminal histories for background checks.
This system preserves the privacy and security of information throughout the process. According to supporters of HB 1385, it would make background screenings quicker and easier. These improvements allow job applicants looking to work with vulnerable populations to begin working sooner.
If HB 1385 becomes law, it would allow authorized employers to perform fingerprint-based criminal history checks for individuals or job applicants covered by the law. The screenings include licensing, jobs, or volunteer work with vulnerable populations. These populations include caring for older adults, people with disabilities, and children.
HB 1385 would require employers to inform applicants of their rights concerning a background check. This requirement ensures that the bill maintains compliance with state and federal laws. It also requires companies to ensure applicants know their right to obtain a copy of the federal and state criminal history reports after completing a background check. Applicants may challenge any errors they find in the reports. Additionally, employers must provide applicants with a reasonable timeframe to address any disputed records before they make a final employment decision.
Employers conducting fingerprint checks must follow strict procedures to maintain applicants’ privacy. For example, they must obtain approval from the Washington State Patrol before submitting background screening requests. They must also retain signed waivers from applicants who consented to screening. Furthermore, HB 1385 requires employers to use criminal history information for volunteer screening, licensing, or employment purposes only. Employers cannot deny applicants a position before giving the individual a chance to correct or contest information in the criminal history report.
HB 1385 must still undergo review by the Senate and receive the governor’s signature before becoming law. Passing HB 1385 could ease the process of protecting vulnerable populations by allowing employers to screen job applicants more effectively. One way to remain compliant with current laws and regulations concerning background screenings is to partner with an experienced background check company.
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