Guidebook
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Authorization form | Background Check Results | Background Disclosure | Definitions | Employment and Access Decisions | Fingerprint-Based Background Checks | General Questions | Disclaimer | Purpose | WSP RapSheet (example) | Reading RapSheets | Request for Thumbprint | Washington State Patrol
Employment and Access Decisions
When should the request for a background check be made?
In general, the check should be requested no later than 48 hours after hire or access, depending on the specific governing laws and regulations of your DSHS administration. The background check should be considered one step in the hiring process.
Should a background check be used as a tool to identify potential background issues right away?
YES. However, the background check should not be the only means to screen potential employees. The process should be dictated by policy and should not be the only “test” to allow unsupervised access to vulnerable people.
Will BCCU make the decision as a result of the background check?
NO. BCCU conducts the check and provides information to the requester. Some DSHS administrations will make the decision relating to the use of state funds to hire. Check with your DSHS contact person.
What disqualifies a person from having unsupervised access to children or vulnerable adults?
The laws (federal and state) and regulation indicate what will disqualify a person from working with children and vulnerable adults. The requirements differ depending on the basis for the background check. Check with your DSHS contact person.
Does the law allow a convicted person to be hired after a certain time has passed?
Check with your DSHS contact person. The time period or crimes may vary according to the program.
After the time has passed, will the conviction remain on the individual’s record?
YES. The law, which allows unsupervised access after the passage of time for certain crimes, does not affect the conviction record. Once the person is convicted, the conviction remains on the record unless it is legally removed.
What is required if the applicant admits to a conviction?
If an applicant discloses a disqualifying conviction or action, the entity is not required to verify the disclosure. The authorization form must still be sent to BCCU for processing.
What is required if charges are pending?
Many of the DSHS administrations are required to treat pending charges the same as the conviction. Check with your DSHS contact person.
What is required if the conviction involves an “attempted” crime?
Many of the DSHS administrations are required to treat attempted convictions the same as the conviction. Check with your DSHS contact person. See Attempted in Definition section.
What is the required action if the RAP sheet shows a conviction without a degree?
Do not assume that the conviction is for the lesser degree of a crime. The requester should instruct the applicant to work directly with the WSP to:
- Determine the degree of the conviction, especially if it is one that allows hiring after time has passed; if the degree cannot be determined through WSP, the applicant must follow the steps below within a specific timeframe:
- Request that the court of jurisdiction fax a copy of the relevant court documents directly to the WSP; or
- Out of state convictions, request the court of jurisdiction fax a copy of the relevant court documents directly to the BCCU Customer Service Supervisor, Fax (360) 902-0292.
NOTE: Court documents must be interpreted by BCCU with the assistance of legal counsel when necessary. All court documents should be sent to BCCU for interpretation.
What if an employee admits to a disqualifying conviction after they have been employed for a period of time?
Once the requester knows that an employee has been convicted of a disqualifying crime, they must act according to the law to protect children and vulnerable adults. The requester should ask the employee to complete another authorization form with the disclosure and submit it to BCCU. BCCU will issue a result based on the new information.
Can an entity hire a person who has a disqualifying conviction if they will work in the laundry, kitchen, or another “non-care giving” position?
Entities should consider “access” to include sharing entry doors, bathrooms, smoking and break areas, as well as delivery of food or laundry to children and/or vulnerable adults. Seek legal counsel before implementing such a policy and call your DSHS contact person.