Nonprofit compliance in Washington

Washington state has a well-developed statutory framework for volunteer background checks under RCW Chapter 43.43, with mandatory requirements for organizations serving children, elderly adults, and persons with disabilities. The Washington State Patrol processes state criminal history checks and, under recent legislation (HB 1385), is implementing the National Crime Prevention and Privacy Compact to enable fingerprint-based national checks for qualified entities. Conditional volunteer arrangements are permitted pending check completion.

• RCW 43.43.830 — Background Checks, Access to Children or Vulnerable Persons (Definitions) (Wash. Rev. Code § 43.43.830) — Defines 'business or organization,' 'vulnerable adult,' and related terms for background check purposes. Establishes the framework under which businesses and nonprofits may request criminal history information from the WSP for prospective employees and volunteers serving children, elderly (60+), or persons with disabilities.
• RCW 43.43.832 — Background Checks, Disclosure of Information (Wash. Rev. Code § 43.43.832) — Requires WSP to disclose conviction records to businesses and organizations requesting checks for prospective employees or volunteers who may have supervised or unsupervised access to children, elderly, or individuals with disabilities. Also addresses sharing of criminal background information by health care facilities.
• RCW 43.43.837 — Conditional Employment Pending Background Check (Wash. Rev. Code § 43.43.837) — Allows persons to be employed or engaged as volunteers on a conditional basis pending completion of state background investigation. When an FBI national check is required, the individual may also serve conditionally pending national check completion.
• HB 1385 (2024) — WSP National Crime Prevention and Privacy Compact Implementation (RCW 43.43.8325 (as enacted by HB 1385, 2024)) — Directs WSP to implement the National Crime Prevention and Privacy Compact, authorizing qualified entities to conduct fingerprint-based state and national criminal history checks for applicants (including volunteers) who provide care for children, elderly (60+), or individuals with disabilities.
• Who it reaches: Volunteers with supervised or unsupervised access to children, elderly (60+), or persons with disabilities at covered organizations; Healthcare facility volunteers with patient contact; Volunteers at licensed adult family homes, assisted living facilities, and DSHS-contracted providers; School district volunteers (per district policy, supported by RCW framework); Volunteers in state-funded social service programs.
• Check types in use: Washington State Patrol criminal history record check (WSP WATCH system for fingerprint-based; name-based available); FBI national fingerprint-based criminal history check (via National Compact, HB 1385); Washington State Sex Offender Registry check (WSP public registry); DSHS background check authorization for long-term care settings.
• Administered by: Washington State Patrol (WSP), Identification and Criminal History Section; Department of Social and Health Services (DSHS) Background Check Central Unit (BCCU) for licensed providers; Office of Superintendent of Public Instruction (OSPI) for school settings.
• Typical processing: WSP name-based: 2–5 business days; fingerprint-based: 5–15 business days; FBI national: 2–4 weeks.

Washington is one of the 40 states that generally require a charitable organization to register before soliciting contributions from its residents — typically before the first ask, not after the first gift, and usually with an annual renewal.

• Registration is generally required before soliciting, including by mail, phone, email, or a public donate page.
• Soliciting residents of other states can trigger registration in those states regardless of where you are based — an online donate button reaches all fifty.
• Exemptions exist in most registering states (small organizations, religious organizations, membership appeals) but they are specific and usually must be claimed rather than assumed.
• Confirm current requirements with your state charity office before relying on this — thresholds and exemptions are amended frequently.

These apply regardless of which state you operate in, and they are the ones most commonly missed by small organizations that assume state registration is the whole picture.

• Annual Form 990, 990-EZ, or 990-N. Three consecutive years of non-filing revokes exempt status automatically — this is the single most common way small nonprofits lose their status.
• If you run background checks on volunteers, the Fair Credit Reporting Act applies to you as a user of consumer reports: a standalone written disclosure, separate written authorization, and the pre-adverse and adverse action sequence before acting on a result.
• Public disclosure: your exemption application and recent 990s must be made available on request.
• Employment obligations attach to paid staff regardless of exempt status — payroll tax, worker classification, and wage and hour law all apply.