Hello, I wanted to know if a non convicted arrest charge shows up in the background check for Washington state, and even if does do CRA disclose it to an employer?? Asking for a friend he has to go through a background check for Microsoft this month we checked wsp (Watch) record but couldn't find any report under his name since the arrest was a year old and he was not prosecuted at court.
You need to talk to CRA.
Can my friend talk to someone from customer care ?? I don't know whom he can talk to
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Is the case closed or is it in a continuance? Both can show up in a background check, but for closed cases, Washington state requires the employer to show the arrest is directly relevant to the job if they deny employment. This is usually the case if the crime is relevant to the job (ex, you're dealing with money and had an embezzlement case) or if the case was closed due to some shady reasons (ex, you got off easy because the witness died and couldn't testify). Disclosure: I'm not a lawyer. Edit: by the way, most large companies don't look for non-conviction data on a closed case (to avoid bias and also because you can't use such data in states like NY and CA). So unless they specially requested this from the background check company, there's a good chance it won't show up.
Thank you for the guidance. Since it's not showing up in the Wsp record is it closed or the record is not available to public since it is non convicted and a 1 year old case for cases like this will CRA report this to Microsoft
Wsp is just one source. You can actually have the Wsp record expunged a year after the case is closed without a conviction. The status I'm referring to is not the wsp record, but the court record. In general, Washington does not make it easy to expunge or seal court records, but as long as it's closed without a conviction, it is unlikely to cause any problems. Go to the general wa courts website or look on the specific website of the court that handled this case.