Washington Arrest Records
Arrests in Washington occur when a person is caught or suspected of committing or being involved in a crime. Individuals who enter police custody in this manner are often subject to a booking process, which results in the generation of an arrest record.
An arrest record is simply a record of an arrest incident. It carries data about the suspect involved (full name, date of birth, address, and age). It also has information about the charges, arrest time/date, arrest location, arrest type, event number, case number, presiding court and court date, bail bond type and amount, arresting agency, arresting officer's name, and disposition (the arrest outcome).
Washington arrest records are maintained predominantly by law enforcement agencies like the Washington State Patrol (WSP), a city police department, or a county sheriff's office. However, one may still find these records at a criminal courthouse, usually where a case started.
Are Arrest Records Public in Washington?
Yes, arrest records are public in Washington. Members of the public have the right to access records created or preserved by public agencies in the State of Washington, including police departments, except for records exempted explicitly by law. The Washington Public Records Act (compiled in Chapter 42.56 RCW) governs the release of public records, including records of arrests.
Most exemptions to the Washington Public Records Act are outlined in RCW 42.56.230 through 42.56.475. Other federal and state laws also provide disclosure exceptions.
For example, RCW 42.56.240 of the Washington PRA lists law enforcement records exempt from public access, such as the identifying information of crime victims, ongoing investigation records, and booking photographs of an arrested person or person confined in jail.
Where an exemption affects a record, the records custodian must provide a written statement explaining the denial to the requester, which includes the particular statute permitting the exemption. Where only portions of a record are affected, the confidential information will be redacted before release to the requester.
For further research, individuals can review the State Attorney General's list of public disclosure exemptions generated annually by the Code Reviser's Office or the City of Bellevue's list of common police record exemptions in Washington.
How Do I Look Up Arrest Records in Washington?
Arrest records are not maintained in one central location in Washington. Several agencies can provide a copy of or information from an arrest record. Nevertheless, the first point of inquiry for a Washington arrest record should be the law enforcement agency responsible for an arrest.
Law enforcement agencies provide different means for requesting records of arrests, including in person, by mail, or online via a records request portal/system. Typically, information about accessing these records will be available on the agency's official website. Individuals can also contact the respective agency's records unit for request guidelines. Note that a fee might be necessary to duplicate a record; this fee varies from agency to agency.
Members of the public can also access arrest information through the Washington State Patrol. The WSP provides an online portal called the Washington Access to Criminal History or WATCH, where anyone can peruse arrest records sent to the Identification and Criminal History Section (WASIS) by courts and criminal justice agencies across Washington for a fee. However, the public can only access arrests under a year old with dispositions pending, conviction information, and data about registered sex and kidnap offenders per RCW 10.97.050. Other arrest records maintained in a WSP criminal history file are confidential.
It is worth noting that courts in Washington may maintain some arrest information related to criminal proceedings. To obtain these records, a person may query the applicable court clerk's office (typically a court's official records custodian). However, the court will only have records for cases it handled, and some records may not be disclosed to non-case parties.
Finally, the subject of a record may obtain their arrest records from the FBI by requesting their Identity History Summary, which contains nationwide arrest and disposition data submitted to the FBI by criminal justice agencies. Each record costs $18.
Free Arrest Record Search in Washington
In some cases, a member of the public can access summary arrest records for free using an online service available on a police agency's official website. For example, the City of Sunnyside publishes Online Arrest Summary Reports as a means for the public to obtain recent citywide arrest information at no cost. On the other hand, the City of Yelm Police Department's Police 2 Citizens portal furnishes instant access to citywide arrests made within a 30-day timeframe. Searches can be conducted on the Police 2 Citizens portal by report information, address, or case number.
In other cases, arrest records will not be available online, and the interested individual will have to query the arresting agency in person or using other available means (like mailing a request form to the agency).
How Long Do Arrests Stay on Your Record in Washington?
Arrests can stay on a person's record indefinitely in Washington. Ordinarily, the Washington State Patrol retains criminal history record information (CHRI), which carries statewide arrest information, until the subject of a record reaches 120 years old. However, eligible individuals can seal or expunge their Washington arrest records.
How to Seal Arrest Record in Washington
To "seal" an arrest record means to prevent public viewing of the record and limit access only to authorized parties. In Washington State, record holders are provided different forms of relief for their arrest records, including sealing and destroying records with the court, vacating convictions, and deleting criminal history records with the Washington State Patrol. Generally, the authority to seal, destroy, vacate, or delete arrest records in Washington is provided by the state legislature and rules adopted by the Washington State Supreme Court.
Individuals who want to protect their arrest records from the public's examination in Washington must first determine if the arrest incident led to a conviction. Suppose the arrest did not result in a conviction, and the non-conviction appears on the individual's state or federal record. In that case, the record holder may petition the Washington State Patrol under RCW 10.97.060 for an expungement (i.e., a deletion of the associated record). However, the following circumstances can prevent the WSP from expunging a non-conviction record:
- The subject of the record was arrested or charged with another offense during the intervening period (the period from the arrest date request for expungement to the WSP's expungement date).
- The subject of the record has a former conviction for a gross misdemeanor or felony.
- The disposition was a deferred prosecution or similar diversion.
The WSP's Expungement Checklist is a helpful resource for determining eligibility to request expungement for non-conviction records. Subsequently, eligible parties can complete a Request for Expungement Deletion of Non-Conviction Records and send it via mail to the WSP's Criminal History Records Section at:
*Washington State Patrol *
*ATTN: Criminal History Records Section *
*PO Box 42633 *
Olympia WA 98504-2633
The WSP charges no fee for expungement requests.
Note that the expungement process with the WSP or a local police agency's files does not necessarily affect the records the court maintains. Similarly, vacating, destroying, or sealing a court record does not necessarily change or delete records maintained by law enforcement agencies, other public agencies, or private parties. As such, requesters are advised to make sealing or expungement requests to the applicable agencies.
Individuals who do not qualify for expungement with the Washington State Patrol or who want to change or delete court records may seek relief from the court of jurisdiction. The Washington Administrative Office of the Courts publishes a guide to assist people who want to seal juvenile or adult court records. One may also contact the court of jurisdiction (where an arrest occurred or case began) for guidelines.
Individuals whose arrest records have been sealed or expunged in Washington do not need to disclose the record when asked. Persons who had their court cases vacated by the court (here, the court withdraws a guilty plea or judgment and dismisses the case) can say that they were never convicted of the charge.
Washington's record sealing procedures may be complicated for someone without prior or legal experience, and laws change constantly. As such, record subjects are advised to consult an experienced criminal defense attorney to understand their options and rights in sealing a Washington arrest record.
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