Legal Question in Criminal Law in Washington

Re: Felony reporting on Job Applications

Until you have the conviction vacated, set aside or sealed, you must report the conviction.

Even if vacated, the court file and record are available for public inspection; thus, in the case of a vacated conviction, you may have to "explain" why you would report that did not have one.

Re: Felony reporting on Job Applications

You will need to report it until it is removed from your record. What is the charge and what court is it out of? When did you finish probation? Depending on the type and age of the charge, you may be able to have it removed from your record. Contact me directly for more information.

At your service,

Re: Felony reporting on Job Applications

An employer can ask about any crime that occurred in the past ten years as it relates to your job duties. However, certain employers are exempt from the ten year requirement and can ask beyond that timeline. Below is the relevant law.

WAC 162-12-140

�Because statistical studies regarding arrests have shown a disparate impact on some racial and ethnic minorities, and an arrest by itself is not a reliable indication of criminal behavior, inquiries concerning arrests must include whether charges are still pending, have been dismissed, or led to conviction of a crime involving behavior that would adversely affect job performance, and the arrest occurred within the last ten years. Exempt from this rule are law enforcement agencies and state agencies, school districts, businesses and other organizations that have a direct responsibility for the supervision, care, or treatment of children, mentally ill persons, developmentally disabled persons, or other vulnerable adults. See RCW 43.20A.710;43.43.830 through 43.43.842 ; and RCW 72.23.035. Any inquiry that does not meet the requirements for fair preemployment inquiries.�