If I was previously charged with a crime (such as theft or an MIP/C) but it never went to court, would I still have to put it on my employment application.
Secondly, how far back would they look back on my record?
Lastly, can I seal my record? If so, would it show up on my application?
Thanks for your assistance
"...would I still have to put it on my employment application?"
It depends on the question on the application. For example, do they ask if you have ever been arrested? Or do they ask if you have ever been convicted of a felony? Some questions are not appropriate for employers to ask.
"...would I still have to put it on my employment application?"
They can look back as far as the court record will allow. However, pursuant to WAC 162-12-140, an employer can ask about any crime within the past ten years as it relates to job duties. However, certain employers are exempt from the ten year requirement.
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 through43.43.842 ; and RCW 72.23.035. Any inquiry that does not meet the requirements for fair preemployment inquiries.”
"...can I seal my record? If so, would it show up on my application? "
You may vacate, seal or expunge your record. You need to determine which one will best apply to you. You can contact an attorney in your area. I also have some helpful links to avvo legal guides below.
Mr. Pelley's answer is very thorough. The one thing I would add is that if you visit the Washington State Patrol website and follow the links for the WATCH program, you will find a form which you can fill out to request the expungement of your record. The form will tell you what information you need to provide. So long as you have no felony or gross misdemeanor convictions on your record; three years have passed since your arrest; you were not prosecuted following the arrest; and you have not been arrested since, you have a good chance of getting a record of your arrest record expunged. Once you do, the arrest should not show up on a criminal background check.
