Denied Employment Over Criminal Record in Washington
Hoping someone can shed some light for me on a situation I just ran into today.
I applied for a job here in Washington State with Rinker Materials. I received a letter today saying I was being denied employment due to criminal records found from a company called Sterling Testing Systems, Inc.
Two problems that I would like help with; there are three records that showed up for me.
1) There was a felony theft (3rd degree) and a misdemeanor (driving on suspended) from 1996 that showed up. My research shows that in Washington, employers cannot view or use felonies or criminal records over 10 years. So:
a) Can they (Washington employer) deny me employment for a felony or misdemeanor over 10 years ago; and,
b) Can the reporting company even provide an employer in Washington State with criminal information over 10 years.
2) There is a third item listed on my file from 2006. Problem being, it says the charge is "Not specified by state" and the disposition and sentence fields are completely blank. Just FYI, I know the item listed is for a photo infraction of driving through a red left-turn signal. The ticket was mailed to my address with the picture, but I forgot about it and never paid it and never went to court on it.
So:
a) Can the employer deny me employment for something listed on criminal record even though it doesn't say in any way whatsoever what it is for?
b) Could they deny me employment for not paying for a ticket for driving through a red light? (Non-driving job)
Thanks for you help.
Re: Denied Employment Over Criminal Record in Washington
Employers may consider information about convictions or arrests only to the extent that it relates to *specific job qualifications* and the date of conviction or release from prison, whichever is more recent, is less than 10 years ago. Law enforcement agencies, 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 are exempt from this rule.
Re: Denied Employment Over Criminal Record in Washington