Criminal History Information and Background Check Requirements.  Persons with certain criminal history, pending charges, or history of other disqualifying negative action are disqualified from working in positions where they will have unsupervised access to children or vulnerable adults. 

The Washington State Patrol's (WSP) Criminal History Records Section is the central repository for criminal history record information for Washington.  Criminal history record information consists of fingerprint-based records and disposition information submitted by law enforcement agencies and courts throughout the state.  The WSP facilitates background checks for other agencies, employers, and the public.  

Federal Bureau of Investigation (FBI) records are compiled from records received from local, state, federal, tribal, and international criminal justice agencies.  Federal law allows for the exchange of criminal records and related information within the possession of the FBI with authorized officials of the federal government, states, Indian tribes, cities, and penal and other institutions.  Exchange of these records is only for official use and is subject to cancellation if dissemination is made outside of authorized recipients.  The FBI must approve the state background check laws before it will grant access to its criminal history database.  

The National Child Protection Act.  The National Child Protection Act (NCPA) is a federal law that, as originally enacted, established a national criminal history background check system in which a designated entity in each state is required to report child abuse crime information to the FBI to allow for background checks of child care providers.  The NCPA was later amended to allow organizations to utilize national criminal history checks to screen volunteers and employees who work with children, the elderly, or people with disabilities.  The NCPA provides a means by which authorized qualified entities can have access to the FBI's nationwide criminal records database through an authorized state agency for determinations of whether individuals have been convicted of, or are under pending indictment for, a crime that bears upon their fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities.  A qualified entity is defined as a business or organization, whether public, private, for-profit, not-for-profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.

The National Crime Prevention and Privacy Compact.  The National Crime Prevention and Privacy Compact (Compact) was established in federal law in 1998 to create an infrastructure by which states can exchange criminal records for noncriminal justice purposes and provide reciprocity among the states to share records.  The purpose of the Compact is to authorize and require participating state criminal history repositories and the FBI to make all unsealed criminal history records available in response to authorized noncriminal justice requests for purposes of fingerprint-supported background checks on those seeking employment with children or the elderly.  States must ratify the Compact in essentially identical form, resulting in a uniform dissemination policy among states.  When fully ratified, the Compact will also eliminate the duplicate maintenance of criminal history records by the states and the FBI.  To date, 35 states have ratified the Compact.

The WSP is directed to execute the Compact on behalf of Washington State in order to facilitate the authorized interstate exchange of criminal history information for noncriminal justice purposes of background checks for the licensing and screening of employees and volunteers under the NCPA, as amended.

In executing the Compact, the WSP:

• is the repository of criminal history records and shall do all things necessary or incidental to carrying out the compact;
• is the Compact officer, through it's chief or chief's designee, and is to administer the Compact within the state;
• may establish procedures for the cooperative exchange of criminal history records between the state and federal government for use in noncriminal cases; 
• must search for fingerprints prior to being forwarded to the FBI for a national search; and
• has the authority to adopt rules to implement this act.

The WSP must, by rule, establish fees for submission of fingerprints from and dissemination of records to qualified entities or federally recognized tribes. The revenue from the fees shall cover, the direct and indirect costs to the agency of processing the submissions and disseminating the records. The cost of record checks must also include the fee the FBI charges for the criminal history background checks.

The state's ratification of the Compact remains in effect until legislation is enacted to specifically renounce the Compact. Authorized qualified entities and federally recognized tribes are authorized to conduct a state national fingerprint-based criminal history record check on applicants and covered individuals for noncriminal justice purposes for any employment, licensing, or volunteering purpose which provides care to children, the elderly, or individuals with disabilities.

In order to participate in this program qualified entities and federally recognized tribes must notify the applicant or covered individual that:

• they have the right to obtain a copy of their own state and federal criminal history record from the qualified entity or federally recognized tribe that conducted the fingerprint check within a specified amount of time determined by the qualified entity or federally recognized tribe; and

• they have the right to appeal the results of the criminal history record to challenge the accuracy or completion of information in the criminal history record.

Qualified entities and federally recognized tribes are obligated to:

• seek approval from the WSP before submitting a request for screening under the Compact;
• submit fingerprints on each applicant and covered individual when requesting criminal history record information under the Compact;
• maintain a signed waiver for each applicant and covered individual allowing the release of the state and national criminal history record information to the qualified entity or federally recognized tribe;
• ensure the applicant or covered individual is provided notification that the results of the state and federal criminal history records check are handled in a manner that protects the applicant or covered individual's privacy;
• provide applicants and covered individuals the opportunity to challenge the accuracy of the information in the state and federal bureau of investigation's criminal history record, if one exists, if using the record to make a determination of the applicant or covered individual's suitability for employment, licensing, or volunteering purposes;
• advise the applicant or covered individual the procedures for obtaining a change, correction, or updating the federal criminal history record; and
• use the state and federal criminal history record information only for the purpose of screening employees, contractor, and volunteers or persons applying to be an employee, contractor, or volunteer with a qualified entity or federally recognized tribe.

Qualified entities or federally recognized tribes: (1) must not deny employment, licenses, or volunteer positions based on information in the criminal history record until the applicant or covered individual has been afforded a reasonable time to correct or complete the record or has declined to do so, and (2) are not liable for damages solely for failing to obtain the information authorized under this act with respect to an employee, contractor, or volunteer.

The state, any political subdivision of the state, or any agency, officer, or employee of the state or a political subdivision is not liable for damages for providing information requested under this act.

Definitions.  The definition of an applicant is modified to mean, among other things, any prospective employee, volunteer, or contractor who will or may have supervised or unsupervised access to children, the elderly, or individuals with disabilities during the course of his or her employment or involvement with the business or organization. 

"Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.

"Covered individual" means an individual who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified entity; and who is employed by, volunteers with, contracts with, or seeks to be employed by or volunteer or contract with a qualified entity; or owns or operates or seeks to own or operate, a qualified entity.

"Elderly" means a person 60 years of age of older.

"Individuals with disabilities" means persons with the functional, mental, or physical inability to care for themselves, individuals with developmental disabilities, or individuals subject to a conservatorship or guardianship.

Qualified entity means a business or organization, whether public, private, for profit, not for profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.

PRO: It takes a long time to get an FBI background check. It would easier and quicker to get this from another state so this bill is about efficiency while also keeping vulnerable populations safe. This bill aligns with FBI background check standards so agencies would be able to share background checks with one another. An applicant does not have to pay to get a copy of their background check.