(2) An employer may not advertise employment openings in a way that excludes people with criminal records from applying. If your case has been vacated under Washington law, state law gives you the right to say that you have never been convicted in that case.This webpage contains resources for job applicants and employees with an arrest or conviction record, and employers who are considering whether to hire them. If you ask applicants for criminal history information, consider waiting until later in the hiring process to do so. Under this law, public employers and private employers are prohibited from asking questions about criminal convictions on their applications. I am filling out information for an employment background check through a third party agency called Orange Tree (I am located in Washington State). If you believe you have a criminal record discrimination case, you will need to prove the employer was discriminatory regarding your record. The Washington Fair Chance Act - RCW chapter 49.94 - protects job applicants with a criminal record. You fill out the complaint questionnaire and the employment supplemental form, sign them. State fair employment practices law prohibits public and private employers from asking about criminal history until a conditional offer has been made.