Washington Administrative Code

(1) An agency or portion of an agency that asserts a right to receive criminal history record information based on its status as a criminal justice agency must show satisfactory evidence of its certification as a criminal justice agency prior to receiving such information. The di…

Every criminal justice agency must permit an individual who is, or believes he may be, the subject of a criminal record maintained by that agency to come to the central records keeping office of that agency during its normal business hours and request to inspect said criminal his…

The criminal justice agency must make available a request form to be completed by the person who is, or believes he or she may be, the subject of a criminal record maintained by that agency. The form must be substantially equivalent to that set forth in WAC 446-20-400.[Statutory …

(1) Any person desiring to inspect his or her criminal history record information or request a copy of his or her nonconviction data for a reasonable fee may do so at the central records keeping office of any criminal justice agency or at the Washington state patrol criminal reco…

(1) A criminal justice agency not maintaining criminal history record information of the individual requesting inspection will not be obligated to further processing of inspection request.(2) A criminal justice agency maintaining criminal history record information of the individ…

A subject seeking to challenge the accuracy or completeness of any part of his or her criminal history record information must do so in writing, clearly identifying that information which he or she asserts to be inaccurate or incomplete. This includes only records generated by Wa…

Every criminal justice agency which authorizes individuals to use its facilities for the purpose of inspecting their criminal history record information shall provide an appropriate challenge form and the contact information of the agency whose record entry is being challenged. S…

The agency which initiated the criminal history record information being challenged must:(1) Not later than ten business days after receiving the written challenge, acknowledge receipt of the challenge in writing; and(2) Promptly, but in no event later than ten business days afte…

(1) The originating agency must send information correcting the previously incorrect information to all agencies and persons to which the previously incorrect information was disseminated by the originating agency. This obligation will be limited to disseminations made within one…

A person who is the subject of a criminal record and who disagrees with the refusal of the agency maintaining or submitting the record to correct, complete, or delete the record, may request a review of the refusal within twenty business days of the date of receipt of such refusa…

(1) Criminal justice agencies that receive state criminal history record information from the division may disseminate them further, "but only to the same extent to which the division itself would be authorized to make dissemination in the first instance." Nonconviction data base…

(1) Criminal history record information which includes nonconviction data may be disseminated pursuant to a contract to provide services, as set forth in RCW 10.97.050(5). The contract must contain provisions giving notice to the individual or agency to which the information is t…

Criminal history record information which includes nonconviction data may be disseminated for research, evaluative, or statistical purposes according to the provisions of RCW 10.97.050(6). The transfer agreement provided for by that section must be substantially similar to that s…

A criminal justice agency may, but need not, disclose investigative information to "persons who have suffered physical loss, property damage, or injury compensable through civil action" as contemplated by RCW 10.97.070. Disclosure may be made to the apparent victim; an attorney, …

Criminal justice agencies (hereinafter, agency(s)) and noncriminal justice contractors, (hereinafter, contractor(s)) which collect, retrieve, and/or store and disseminate criminal history record information in manual and automated systems, must institute procedures for the protec…

Criminal history record systems, whether dedicated to criminal justice purposes, or shared, will be designed and operated in accordance with procedures which will assure that:(1) Access to criminal history record information facilities and system operating areas (whether for comp…

Any personnel with unescorted access to unencrypted criminal justice information including criminal history record information must meet the standards established by the Federal Bureau of Investigation's Criminal Justice Information Services (CJIS) Security Policy.[Statutory Auth…

Any personnel with unescorted access to unencrypted criminal justice information including criminal history record information must meet the training standards established by the Federal Bureau of Investigation's Criminal Justice Information Services (CJIS) Security Policy.[Statu…

Any personnel with unescorted access to unencrypted criminal justice information including criminal history record information must meet the standards established by the Federal Bureau of Investigation's Criminal Justice Information Services (CJIS) Security Policy.[Statutory Auth…

(1) Every criminal justice agency, including contractors authorized to collect, retrieve, maintain, and disseminate criminal history record information pursuant to WAC 446-20-180, must make its records available under RCW 10.97.090(3) to determine the extent of compliance with th…

Every criminal justice agency which collects, retrieves, maintains, and/or disseminates criminal history record information must establish written rules and regulations setting forth security and personnel procedures for authorized access to criminal history record information fi…

(1) A conviction record will be furnished consistent with the provisions of RCW 43.43.815, upon the submission of a written or electronic request of any employer, accompanied by fingerprints and other identifying data of the employee or prospective employee.(2) Fingerprints must …

Conviction information will be furnished by the state patrol upon written or electronic request of any applicant, business or organization, the state board of education, or the department of social and health services. This information will consist of the following:(1) Conviction…

(1) All employers or prospective employers receiving conviction records pursuant to RCW 43.43.815, must comply with the provisions of WAC 446-20-210 through 446-20-250 relating to privacy and security of the records.(2) Businesses or organizations, the state board of education, a…

(1) All employers or prospective employers receiving conviction records pursuant to RCW 43.43.815 must comply with the provisions of WAC 446-20-260 through 446-20-270 relating to audit of the recordkeeping system.(2) Businesses or organizations, the state board of education and t…

inspection of record request(RCW 10.97.080/WAC 446-20-070)Agency . . . .Agency No . . . .Date . . . .Time . . . .I, . . . . . . . . . . . . , do hereby request to inspect my criminal history record information maintained in the files of the above named agency. In order to ensure …

agreement made this . . . day of . . . . . , 20. . ., between . . . . . . . , (hereinafter referred to as "researcher") and . . . . . . . , (hereinafter referred to as "criminal justice agency")*whereas the researcher had made a written request to the criminal justice agency date…

chri challenge form(request for modification of chri)RCW 10.97.080/WAC 446-20-120agency. . . . agency case no. . . . .address. . . . date. . . . . . . . I, (Print Name) , Date of Birth hereby acknowledge receipt this date, . . . . . . . . , of a copy of a Washington State Patrol …

RCW 9A.44.130 requires any adult or juvenile residing in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense to register with the county sheriff for the county of that person's residence. The sheriff is required to forwar…

Sex and kidnapping offender registration information will be maintained in the offender's criminal history file according to retention periods outlined in RCW 9A.44.140. Once an offender is registered, a notation of "registered sex offender" or "registered kidnapping offender" wi…

Registration requires the offender be fingerprinted and photographed and also provide the sheriff with the following information which must be forwarded to the Washington state patrol criminal records division within five working days:Name;Address;Date of birth;Place of birth;Soc…

Photographs must be in color. These are not to be file photographs. A new photograph is required.For paper submissions, write full name, date of birth, and state identification number (SID). Paperclip (no staples please) the photograph to the fingerprint card with the registratio…

Registered sex and kidnapping offenders who change residence within the same county are required to submit change of address information to the county sheriff within three days.Registered sex and kidnapping offenders who change residence from one county to another are required to…

The division will reimburse sheriffs' offices for the actual registration cost, not to exceed thirty-two dollars for each registration, which must include photographs and fingerprints submitted pursuant to RCW 9A.44.130. This fee will further ensure that direct and indirect costs…

(1) A nonrefundable fee must accompany each request for conviction records submitted for a name and date of birth background check or a background check requested by fingerprint search at the state level pursuant to RCW 43.43.830 through 43.43.845, and chapter 10.97 RCW unless th…

(1) In addition to the state search, an FBI search is required for requests submitted under chapter 28A.410 RCW. One fingerprint card is required to be submitted to the Washington state patrol criminal records division.(2) Appropriate nonrefundable fees are to be charged and made…

(1) In addition to the state search, an FBI search is required for requests submitted under chapter 74.15 RCW. One fingerprint card is required to be submitted to the Washington state patrol criminal records division.(2) Department of social and health services (DSHS) will proces…

The purpose of this regulation is to provide administrative rules and standards for hearings conducted pursuant to chapter 124, Laws of 1974 1st ex. sess. (RCW 9.54.130 and 46.12.725) relating to the disposition of motor vehicles, motorcycles, motor-driven cycles, trailers, vesse…

(1) The term "aggregate value" of an article or articles whose ownership is in question will be the current market value of the article as determined by procedures set out in WAC 446-30-040(2) as of the time of the proposed disposition.(2) The term "interested party" or "party in…

The hearing will be conducted by a person appointed by the chief of the Washington state patrol. The hearing will be conducted at a place within the state designated by the hearing officer who will consider the convenience of the witnesses involved in the hearing, and the conveni…

(1) Insofar as it is applicable, hearings under this chapter will be pursuant to chapters 34.05 RCW and 446-08 WAC as supplemented by this chapter.(2) In accordance with RCW 46.12.735, any person claiming ownership or right of possession hereunder may remove the matter to a court…

The person or party in interest claiming to be the lawful owner or to have the lawful right to possession will have the burden of establishing his claim of ownership.[Statutory Authority: RCW 46.12.725. WSR 14-18-075, § 446-30-050, filed 9/3/14, effective 10/4/14; Order II, § 446…

Any oral proceedings will be recorded on tape and such tape will become part of the hearing record.[Statutory Authority: RCW 46.12.725. WSR 14-18-075, § 446-30-060, filed 9/3/14, effective 10/4/14; Order II, § 446-30-060, filed 11/22/74.]

Appeal from the decision of the hearing officer to a superior court by an interested party aggrieved by a decision in a contested case must be in accordance with RCW 34.05.570 and applicable court rules.[Statutory Authority: RCW 46.12.725. WSR 14-18-075, § 446-30-070, filed 9/3/1…

The purpose of this regulation is to provide an administrative procedure and standards for disability retirements under RCW 43.43.040.[Order II, § 446-40-010, filed 11/22/74.]

(1) The term "active service," as it applies to a member of the Washington state patrol, is defined as all performance of duties of whatever type, performed pursuant to orders by a superior of the member, provided, such duties shall be consistent with the responsibilities of the …

(1) Line duty disabilities occur when a commissioned officer of the Washington state patrol is injured or incapacitated while:(a) Performing traffic law enforcement duties.(b) Investigating accidents or suspected criminal activities.(c) Participating in law enforcement training t…