Washington Criminal Records

Washington criminal records refer to official documents that hold an individual's criminal history, including arrests, charges, convictions, and sentencing. Also called the Record of Arrest and Prosecution (RAP) sheet, criminal records serve as a comprehensive record of all interactions with law enforcement and the criminal justice system. Washington criminal records are created after an arrest. The individual is booked into a local detention center, where personal information is collected. When charges are filed, the case proceeds to court. The outcome of the court proceeding leads to acquittal, dismissal of charges, or conviction.

Throughout these stages, various agencies in Washington are involved in the process and maintain records related to the arrest, charges, and court proceedings. The Washington State Patrol (WSP) is the agency in charge of providing access to criminal records. Local law enforcement agencies, including police departments and sheriff's offices, maintain records of arrests occurring within their jurisdiction. The Washington Courts offers a public search tool to obtain court records from criminal proceedings in Washington. The Department of Correction maintains information on incarcerated individuals within the state prison system.

Criminal records serve various purposes. Employers use criminal records to determine the suitability and trustworthiness of job candidates. Landlords conduct criminal background checks on prospective tenants to assess if they pose a risk to the safety and security of other tenants. Lastly, healthcare professionals, lawyers, and security personnel access criminal records to ensure that individuals applying for professional licenses meet the ethical and legal standards required for the profession.

What is Included in the Criminal Record?

Criminal records contain detailed information about an individual encounter with law enforcement agencies. The agency responsible for maintaining and providing these records is the Washington State Patrol through its Identification System (WASIS). A RAP sheet from Washington includes the following information:

• Personal Information: The record holder's full name, aliases, date of birth, gender, race, and physical description
• Arrest Information: The location and date of the arrest, arresting agency, charges at the time of arrest, and case number associated with the arrest
• Disposition Information: Outcome of the arrest, such as charges filed, dropped, or modified. Case outcomes, including convictions, dismissal, and acquittals, and sentencing information, such as fines, probation, and incarceration details

Are Criminal Records Public In Washington?

Criminal records are accessible by the public in Washington under specific conditions. Per Section 10.97.050 of the Revised Code of Washington, the public may request copies of Criminal History Record Information (CHRI) from the WSP for non-criminal justice purposes. However, the law limits access to conviction information only and arrest records less than one year with pending dispositions. The law also grants access to criminal records containing information regarding registered sex offenders and registered kidnapping offenders. Criminal records that do not lead to a conviction are restricted from public view in Washington.

Individuals in Washington can request their criminal history record, which includes conviction and non-conviction data. State agencies can access conviction and non-conviction information to assist the administration of justice. Third parties, such as employers and landlords, can access conviction records without restrictions. However, non-conviction information is only accessible when authorized by law, court order, or for research purposes.

How to Access Criminal Records in Washington

Criminal records in Washington are accessible at the WSP. There are three ways to request CHRI:

Online Request

Online request for CHRI is through the Washington Access to Criminal History (WATCH) program. Requesters may run background checks and receive results immediately using WATCH. Requesting CHRI online requires record seekers to create an account and complete the online form with the necessary information. Upload a scanned copy of a valid government-issued identification card. Using a credit or debit card, Visa/MasterCard, or American Express, pay the $11 fee. Once the payment is approved, the search returns the criminal history record requested.

Mail Request

Request for conviction CHRI by mail begins by completing the Request for Conviction Criminal History Form. Requests for conviction CHRI are based on an individual's name and date of birth. There is a $32 fee to process the request for the Conviction History form. Alternatively, mail requests for convicted CHRI may be submitted by providing a set of fingerprints to the Identification and Background Check Section. There is a $58 fee to process fingerprint cards. All fees for mail requests are payable by check, money order, or through the Bankcard Authorization form. Mail the requests to:

In-Person Request

In-person request for conviction CHRI is based on the individual's name and date of birth. Walk-in requesters may fill out the Conviction Criminal History Form in person at the Olympia office only. It costs $32 to process the request. In addition, requesters can submit a complete set of fingerprints in person to obtain conviction CHRI. It costs $58 to process the fingerprint card. In-person requests for conviction CHRI are payable by cash, check, or credit/debit card. The Olympia office is located at:

Accessing someone else's criminal records is permissible under certain conditions, such as employment and tenant screening, licensing and certification, court orders, law enforcement and legal purposes, and volunteer screening. Eligible requesters may obtain the record online, in person, or by mail after obtaining consent from the record holder.

Various agencies in Washington provide public access to criminal records. For instance, court records are accessible online through the Washington Courts or in person at the courthouse. Police reports are available at the various police departments and sheriff's offices. Incarceration and jail records are available via the Washington Department of Corrections offenders search tool. Lastly, sex offender records are accessible using the Washington State Sex Offender Information Center.

What is Considered a Felony in Washington?

In Washington, a felony is a serious crime punishable by incarceration of more than one year, fines, or both. Felonies are severe crimes that cause significant harm to individuals or society. Section 9A.20.010 of the Revised Code of Washington (RCW) classifies felonies into 3 classes: A, B, and C. Class A felonies are the most serious crime in Washington, and Class C is the least severe felony offense.

Class A

• First-Degree Murder: Premeditated killing of another person
• First-Degree Arson: Intentionally causing a fire in a building where people reside
• First Degree Kidnapping: abducting another person with intent to inflict bodily injury
• First Degree Child Molestation: Sexual contact with a minor under 12 years by a person at least 36 months older

Class B

• Second Degree Manslaughter: Causing the death of a person through criminal negligence
• First-Degree Theft: Theft of property or service valued over $5,000
• Vehicular Homicide: Causing the death of another person while driving recklessly or under the influence
• Second-Degree Assault: Knowingly and intentionally assaulting another person, recklessly inflicting significant bodily harm

Class C

• Auto Theft: Wrongfully obtaining or exerting unauthorized control over a motor vehicle with intent to deprive the owner of the vehicle
• Forgery: Falsifying a written document to defraud
• Unlawful Possession of Firearm: Possession of a firearm by a person with a prior felony conviction
• Perjury: Making false statement under oath during legal proceedings

Penalties For Washington Felonies

The penalties for felony crimes in Washington vary depending on the severity of the offense, the person's criminal history, and the presence of aggravating or mitigating circumstances. Section 9A.20.021 of the RCW outlines the penalties for felony offenses committed in the state.

Class A

Life imprisonment in a state correctional institution, or fines up to 50,000, or both. First-time offenders may receive a lesser duration than life imprisonment

Class B

Incarceration in a state facility for up to 10 years, fines of up to $20,000, or both

Class C

Confinement in a state correctional institution for 5 years, fines of up to $10,000, or both

What is a Misdemeanor in Washington?

A misdemeanor in Washington is a less serious crime than a felony. Misdemeanors are crimes that pose less harm or threat to individuals and society. Misdemeanors do not carry severe penalties and are punishable by shorter jail sentences and lesser fines. Section 9A.20.010 of the RCW classifies misdemeanor offenses into two: Gross misdemeanors and Simple Misdemeanors.

Gross Misdemeanors

Gross misdemeanors are more serious than simple misdemeanors but lesser than felonies

• Driving Under the Influence: Operating a vehicle while under the influence of a controlled substance
• Domestic Violence Assault: Assaults involving domestic partners
• Third-Degree Theft: Theft of property or services valued at less than $750
• Reckless Driving: Driving a vehicle in willful disregard for the safety of persons or property

Simple Misdemeanors

They are the least serious crimes in Washington

• Disorderly Conduct: Disruptive behavior in public
• Petty Theft: Theft of property valued under $750
• Trespassing: Entering or remaining on the property or premises of another unlawfully
• Possession of Marijuana: Possession of small quantities of marijuana above the legal limit

Penalties for Washington Misdemeanors

The penalties for misdemeanors in Washington vary. Usually, it depends on the severity of the crime and whether the individual is a repeat offender. Also, misdemeanor offenses involving domestic violence carry additional penalties such as mandatory counseling and firearm restriction. Likewise, DUI misdemeanor offenses carry penalties, including mandatory jail time, license suspension, and required installation of an ignition interlock device.

• Gross Misdemeanors: A first-time offender gets up to a one-year jail term and fines not exceeding $5,000. Subsequent offense increases the maximum penalties
• Simple Misdemeanors: Up to 90 days in jail and fines of up to $1,000 for a first-time offender. The offender receives the maximum penalty for a repeat offense

How Long Does a Washington Criminal Record Stay In a Background Report?

In Washington State, the duration that a criminal record remains on an individual's background report depends on the type of conviction and whether the person desires to have the record sealed or expunged. Felony convictions on a person's criminal record remain indefinitely unless sealed. Likewise, misdemeanor convictions stay on an individual's criminal record into the foreseeable future unless action is taken to seal or expunge them. Under Washington law, certain crimes committed in the state cannot be sealed or expunged due to their severity. Therefore, certain offenses, such as most Class A felony crimes, sex offenses, violent offenses, especially those that cause significant harm or risk to others, and DUI convictions, cannot be sealed or expunged under the state law,

Sealing and Expungement of Criminal Records in Washington

In Washington, persons with criminal records can limit access to their criminal records: to seal or expunge them. Per Section 9.94A.640 of the RCW, sealing or vacationing of criminal records in the state means to clear the record of conviction. It restricts criminal records from public view, from copying or viewing by the general public. However, law enforcement, government agencies, and the courts may still access sealed records under certain circumstances. The sealed record remains on a court file but is inaccessible to the public, Expunging criminal records goes beyond sealing the records. Expunging criminal records is the complete erasing of records from the system as if the crime never existed. Expunging criminal records legally erases or destroys criminal records. Washington State does not offer a formal certificate of innocence. Although expunging criminal records removes public access, certain agencies may still access the expunged records. Law enforcement agencies and government agencies with statutory authorization, such as licensing boards, the Department of Correction, and immigration services, may have access to expunged records.

Washington State does not have a process to expunge criminal convictions. Deletion of criminal records is not available for cases that resulted in convictions. However, the state permits sealing conviction criminal records. In addition, record holders may seal criminal records from non-conviction two years after the record became non-conviction. Persons convicted of misdemeanor offenses who have completed all terms of the sentence may apply to the court to get their records expunged. Usually, the record holder must wait for three years after completing the sentence to apply to expunge the records. The process of erasing the records begins by filing a petition. File the petition with the court where the original conviction or non-conviction verdict occurred. The court issues a hearing date to consider the petition. Lastly, if the petition is successful, the court issues an order to delete the record.