Washington Arrest Records

Washington State currently has the 24th highest violent crime rate in the US. Approximately 134,475 people were arrested in Washington State in 2022. From 2012 to 2022, Washington State's crime rate increased by 26%. Between 2022 and the end of 2023, the state's crime rate rose from 3.4 occurrences per 1,000 citizens to 4.7. Most of the arrests implemented in the state are for larceny, motor vehicle theft, and property destruction.

What Is an Arrest Under Washington State Law?

Washington State law WPIC Chapter 120 defines an arrest as when a law enforcement official apprehends an individual and takes them into custody because the officer believes the individual has participated in an offense. Law enforcement officials base their assessment of facts, culminating in an arrest, on their legal expertise and experience. The movements of the detained individual are restricted for a stipulated period until they are summoned to appear in court.

Type of Arrests in Washington State

There are two types of arrests in Washington State.

Arrest With a Warrant

In Washington State, arrests with warrants are authorized by a judge or magistrate when they receive evidence that suggests that an individual committed or took part in an offense. Upon receiving such evidence, a judge of the superior court or court of appeals, or a magistrate or justice of the Supreme Court, can sign and issue a warrant to a police officer, constable, Sheriff, or marshal to apprehend a suspect. This warrant, transmitted through telegraph or tele-typing, is accorded the same force in all courts. Arrest warrants authorize police officers to detain suspects and people of interest that they suspect are involved in facilitating the offense.

Arrest Without a Warrant

In Washington State, the RCW 10.31.100 law stipulates that law enforcement officials may arrest individuals without warrants if they have probable cause to believe that those individuals are in the process of committing a felony. Additionally, police officials may arrest individuals without a warrant if they commit a misdemeanor or gross misdemeanor in front of them. The misdemeanor or gross misdemeanor that mandates this action must involve threats of harm to other people, criminal trespass, the acquisition or possession of cannabis, and the unlawful taking of property.

Police officers may also arrest individuals without warrants if these persons violate stalking protection orders, sexual assault protection orders, or domestic violence protection orders. Lastly, persons who violate court orders that prohibit them from receiving, accessing, possessing, or purchasing firearms. When performing an arrest under these circumstances, police officers must inform the suspects of their Miranda rights and the reason for the arrest. Other forms of arrest in Washington State generally include the following:

• Citizen's arrest
• Juvenile arrest
• Traffic violation arrest
• Arrest for the violation of parole or probation

What Are Washington State Arrests Records?

Washington State arrest records are public documents that display data related to arrested persons. That information generally includes private data like the suspect's photographs, physical description, date of birth, fingerprints, and name. Washington State arrest records also contain details of an arrest, such as the charges filed, arresting agency, location, time, and date of the arrest, and existing court proceedings linked to the arrest.

They display the suspect's previous interactions with police officers. These include prior convictions, pleas, arrests, time served in jail or prison, parole, and probation.

How Can Arrest Records Be Accessed in Washington State?

Arrest records may be accessed by the general public in Washington State. Moreover, some arrest records are not readily available in the public domain. That includes records that Washington State's magistrates or judges have expunged. Additionally, the public cannot access juvenile offenders' arrest records. Interested parties may access Washington State arrest records online, by mail, or in person.

Arrest Record Requests By-Mail

Citizens may request arrest records by mailing the Washington State Patrol (WSP). This is accomplished by submitting a completed Request for Conviction Criminal History Form, a copy of the requester's fingerprint card, and a fee of $58 for processing to the Washington State Patrol office in Olympia. The fingerprint card includes details of conviction history information, deferred prison sentences by reasons of insanity and incompetency, and pending court cases.

The Washington State Patrol attaches a $16 fee for each set of fingerprints.

The fees can be sent to the WSP by money order or check. All these fees and documents can be submitted to:

The Washington State Patrol (WSP)

106 11th Avenue SW

Suite 1300 Olympia

WA 98501

The WSP office will return the results to interested parties after a period of between 2 and 4 weeks.

In-person Record Requests

Citizens may visit law enforcement agencies in Washington State and request to see arrest records. For interested parties living in Washington State, this can be done at the local Sheriff's office or local police station. The police officers will take the fingerprints of all those requesting to access arrest records for a background check before providing the details they seek.

Online Requests

The easiest way to access arrest records in Washington State is typically by performing a digital search through the WSP's website. The WSP oversees the Washington State Identification System (WASIS), which comprises an electronic database with the state's criminal records. These records are regularly submitted to WASIS by Washington State law enforcement officials and judges.

The process of obtaining arrest records through the Washington State Identification System involves a $11 fee. This system does not offer interested parties any information about final disciplinary board decisions, administrative findings, or civil judgments. Individuals seeking this information must obtain court authorization to access it.

How Long Will an Arrest Report Stay on Your Washington State Records?

In Washington State, an individual may be arrested but not charged but will still have an arrest record. Though the individual was acquitted, the unproven charge remains publicly accessible through the Washington State Identification System for up to 120 years. Moreover, such individuals can appeal to have their records expunged.

Can You Expunge Your Arrest Records in Washington State?

In Washington State, expunging arrest records involves deleting data in those records. Affected individuals may have their arrest records expunged. However, according to Washington State law, not all persons with arrest records succeed when they make such requests. All individuals who make this request must meet specific requirements stipulated by the state's law enforcement agencies. To get their criminal records expunged, affected individuals must prove to a court situated in Washington State that they have not been involved in any offense for two or more years.

Individuals arrested but not charged in Washington State must wait for three years from the day they were detained before requesting their records be expunged. Moreover, law enforcement authorities in Washington State have the right to refuse to expunge arrest records belonging to persons convicted of serious felonies like murder, aggravated robbery, and rape. Other disqualifying factors for expunging arrest records in Washington State generally include the existence of pre-trial diversions or agreed deferrals. Lastly, individuals who have their records expunged and then go on to commit or participate in new misdemeanors or felonies forfeit the right to their arrest records expunged for a second time.

This also applies to individuals whose arrest records are expunged and who then commit non-violent misdemeanors. At times, law enforcement authorities in Washington State refuse to delete information from arrest records whose owners qualify for this privilege. In such cases, affected persons must request a court based in Washington State to review the case and reverse the law enforcement agency's initial denial to expunge the arrest record.

Is Citizen's Arrest Legal in Washington State?

Citizen's arrests are arrests made by private citizens with no legal authority to act in this capacity. Washington State law stipulates that citizen's arrests are legal under specific circumstances. In Washington State, an ordinary citizen may conduct an arrest if they reasonably suspect a separate individual committed a felony or is currently committing one. The felony must have been committed before the citizen's intervention to make the arrest.

The Constitution generally permits citizens in Washington State to make such arrests only where they suspect others of committing felonies but misdemeanors. Additionally, they may only conduct citizen's arrests for misdemeanors when such offenses disturb the peace, and the citizen suspects that this breach will continue without intervention. A citizen's arrest differs from a false arrest. Though a citizen's arrest has fewer constitutional requirements than that conducted by police officers, failing to abide by those few requirements typically could result in criminal action.

A false arrest generally occurs when a citizen arrests or detains another without probable cause.

The citizen may suspect an individual of committing an offense since he was standing near where the offense was committed. Moreover, the citizen may have mistaken the real culprit's identity. This is an example of a false arrest. False arrests also occur when citizens make arrests as a result of malice or racial profiling. Citizens who make false arrests may be held liable for these actions.

How to Look Up Arrest Warrants in Washington State

Interested parties in Washington State may look up arrest warrants through online sites, in person, or by mail.

Online

Individuals may use the Washington Access to Criminal History (WATCH) to check or search arrest records. This website provides immediate results for all searches.

In-person

Interested parties may visit the WSP offices in Olympia to look up arrest records. Upon reaching the office, the individual will complete a Request for Conviction Criminal History form and submit it in person to the Washington State Patrol office. Additionally, the individual seeking this information generally must obtain a fingerprint card displaying his or her conviction history information, deferred prison sentences by reasons of insanity and incompetency, and pending court cases.

The Washington State Patrol charges a $16 fee for each set of fingerprints. This fee is sent to the WSP by money order or check. The WSP verifies the personal details of the individual requesting to view arrest records before giving them approximately 30 minutes to review them in person.

By-mail

Citizens may request arrest records by mailing the Washington State Patrol (WSP). They will submit a completed Request for Conviction Criminal History Form, a copy of the requester's fingerprint card, and a $58 fee to the Washington State Patrol office in Olympia. The fingerprint card will display the personal details of the individual requesting to access arrest records. This personal data includes the individual's conviction history information, deferred prison sentences by reasons of insanity and incompetency, and pending court cases.

The Washington State Patrol charges a $16 fee for every set of fingerprints. The fees can be sent to the WSP by money order or check to:

The individual requesting to see arrest records will then receive the records in the mail.

A bench warrant, provided by a judge or magistrate, authorizes the detention and arrest of a person who was scheduled to answer charges in court but missed court proceedings. Any police officer, marshal, or Sheriff operating within Washington State may arrest a suspect linked to a bench warrant. Interested parties in Washington State may look up arrest warrants through the WSP's Identification System online or in person at their offices in Olympia.