Background check didn't show accused child molester's past sex crime accusation

PASCO, Wash. -- A private school is now speaking about the hiring of a teacher now accused of child molestation.

This comes a day after KEPR broke the report that showed the teacher had been investigated for a sex crime before. But how did this get by a background check? We learned a software loophole could be to blame.

Brian Dean taught Bible classes at Kingspoint Christian School in Pasco up until he resigned. The school principal says he reported an incident involving a 13-year-old girl.

The married, 30-year-old, Dean, resigned shortly thereafter.

He's now charged with a felony sex crime. But it's the second time he was investigated for questionable behavior around young girls. The first time didn't show up on a state-operated website for background checks.

Washington Access to Criminal History is run by the State Patrol. It allows a subscriber access to the criminal record of anyone in the state.

"If there's information available, you can get access," says Trooper Chris Thorson.

So why didn't this investigation from 2002 show up? The case file shows Dean gave a group of young girls a naked photo of himself when they came to his door soliciting donations. The prosecutor didn't think it met the standard for indecent exposure, and charges were never filed.

"Someone can be arrested in the state of Washington, charged with a crime, but it's never prosecuted or they're never convicted of that crime, in that case, it would not show on the website database," Trooper Thorson says.

KEPR asked, "If I was arrested for murder, would it show up on a background check on this website?"

"Not unless you were arrested within the last year," says Thorson.

And it's not just private sector businesses like the private Christian school that use the program. Oftentimes, state agencies utilize the database as well.

Which could leave a gaping loophole for those accused, but never convicted.

The Kingspoint principal spoke to us over the phone and confirmed the school had no knowledge of the previous investigation when Dean was hired in 2011. They say they would not have hired Dean if his previous charge had shown up in the background check.

Dean is currently out on bail, awaiting trial next month.