OLYMPIA – The Washington State House of Representatives has unanimously passed House Bill 1385, a measure aimed at reducing delays in background checks for individuals seeking employment in roles that provide care for children, the elderly, and individuals with disabilities. Sponsored by Rep. Jamila Taylor (D-Federal Way), the bill facilitates the interstate exchange of criminal history information under the National Child Protection Act (NCPA) to ensure a more efficient hiring process while maintaining safety standards.
“A background check is an important step in the employment process, but when results take days, weeks, or even months, it can impede an employer’s ability to deliver services,” said Rep. Taylor. “Speeding up the background check process will help ensure volunteers and caregivers can apply for, accept, and start a job within a reasonable time period.”
HB 1385 directs the Washington State Patrol (WSP) to execute the National Crime Prevention and Privacy Compact, a federal agreement allowing states to share criminal records for noncriminal justice purposes. Under the bill, WSP is designated as the repository for criminal history records and is authorized to facilitate the cooperative exchange of information between Washington and other states. The goal is to provide a more seamless and timely background check process for applicants working with vulnerable populations.
The National Child Protection Act established a national criminal history background check system that enables authorized state agencies and qualified entities to access the FBI’s criminal records database. By implementing the infrastructure for interstate data exchange, Washington will be able to conduct more thorough and timely screenings, ensuring that critical positions in healthcare, education, and social services can be filled without unnecessary delays.
“Using available technology to increase protections for vulnerable populations, including our developmental disabilities community, is something we should absolutely do,” said Rep. Taylor. “Bad actors aren’t contained by state lines, and criminal history shouldn’t be either.”
Under HB 1385, authorized employers—including qualified entities and federally recognized tribes—will be able to conduct state and national fingerprint-based criminal history record checks for applicants and covered individuals. These checks will be used for employment, licensing, or volunteer positions that involve direct care for children, the elderly, or individuals with disabilities.
To ensure compliance with federal and state regulations, the legislation requires participating entities to notify applicants of their rights regarding background checks. Individuals will have the right to obtain a copy of their state and federal criminal history record and challenge any inaccuracies. Additionally, employers must provide a reasonable period for applicants to correct or complete any disputed records before making final employment decisions.
The WSP will oversee the fingerprinting process, with fingerprints being searched at the state level before being forwarded to the FBI for a national background check. The WSP may charge a nonrefundable fee to cover the direct and indirect costs of processing and disseminating records, which will also include the FBI’s background check fee.
Employers and qualified entities will be required to follow strict procedures to ensure privacy protections for applicants. They must seek approval from the WSP before submitting screening requests, maintain signed waivers from applicants consenting to the release of their criminal history, and ensure that criminal history information is only used for employment, licensing, or volunteer screening purposes. The legislation also prohibits entities from denying an applicant a position solely based on their criminal record until they have had an opportunity to contest or correct any inaccurate information.
HB 1385 is expected to streamline hiring processes in industries that rely on background checks, such as healthcare and childcare services, where delays in hiring can impact service availability. By facilitating the rapid exchange of information between states, the bill aims to enhance protections for vulnerable populations while reducing barriers to employment for qualified individuals.
The bill passed the House unanimously on Wednesday and now moves to the Senate for further consideration.
