§ 49.94.005 — Definitions.

Washington § 49.94.005

• Jurisdiction: Washington
• Title 49: LABOR REGULATIONS
• Ch. 49.94: EMPLOYEES AND JOB APPLICANTS—CRIMINAL RECORDS

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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Adult conviction record" means any record of or information about criminal conduct resulting in an adult criminal conviction, finding of guilt, or other finding adverse to the subject, including an acquittal due to a finding of not guilty by reason of insanity, a dismissal by reason of incompetency, or a dismissal entered after a period of probation, suspension, or deferral of sentence. It also includes information related to the conviction or other finding adverse to the subject including, but not limited to, any citation, arrest record, or probable cause statement.

(2) "Arrest record" means any record of or information about an arrest or pending charge for criminal conduct without a conviction, adjudication, finding of guilt, or other finding adverse to the subject.

(3) "Criminal record" includes any record of or information about a citation or arrest for criminal conduct, including records relating to probable cause to arrest, and includes any record about an adult criminal or juvenile case filed with any court, whether or not the case resulted in a finding of guilt.

(4) "Employer" includes public agencies, private individuals, businesses and corporations, contractors, temporary staffing agencies, training and apprenticeship programs, and job placement, referral, and employment agencies.

(5) "Juvenile conviction record" means any record of or information about a juvenile adjudication or other finding of guilt pursuant to Title 13 RCW or other juvenile court system. It also includes information related to the conviction or other finding adverse to the subject including, but not limited to, any citation, arrest record, or probable cause statement.

(6) "Legitimate business reason" means that, based on information known to the employer at the time the employer makes the decision regarding a tangible adverse employment action, the employer believes in good faith that the nature of the criminal conduct underlying the adult conviction record will:

(a) Have a negative impact on the employee's or applicant's fitness or ability to perform the position sought or held; or

(b) Harm or cause injury to people, property, business reputation, or business assets, and the employer has considered the following factors, and documented as such in accordance with RCW 49.94.010 :

(i) The seriousness of the conduct underlying the adult conviction record;

(ii) The number and types of convictions;

(iii) The time that has elapsed since the conviction, excluding periods of incarceration;

(iv) Any verifiable information related to the individual's rehabilitation, good conduct, work experience, education, and training, as provided by the individual;

(v) The specific duties and responsibilities of the position sought or held; and

(vi) The place and manner in which the position will be performed.

(7) "Otherwise qualified" means that the applicant meets the basic criteria for the position as set out in the advertisement or job description without consideration of a criminal record.

(8) "Tangible adverse employment action" means a decision by an employer to reject an otherwise qualified job applicant, or to terminate, suspend, discipline, demote, or deny a promotion to an employee.

Application — 2025 c 71: See note following RCW 49.94.010 .

Legislative History

[2025 c 71 s 1;2018 c 38 s 1.]