Washington State Patrol
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Criminal History Records · Updating An Existing State Criminal HistoryThe WSP Criminal History Support (CHS) Unit maintains the complete and accurate criminal history record information (CHRI) of the statewide criminal records repository as well as Washington State records maintained by the Federal Bureau of Investigation. Services provided by the CHS Unit include:
Updating Existing CHRIOrders processed within the CHS Unit include juvenile seals, juvenile destroys, vacates, deletions, dismissals, certificates of discharge, and restorations of firearm rights. Below, you will find short descriptions and links to the Revised Code of Washington (RCW) website for further information. The CHS Unit cannot provide you with legal advice. If you need legal advice, please contact an attorney. Copies of orders may be provided to the CHS Unit to update criminal history records by fax, electronic mail, or regular mail. Please see our contact information below. Dismissal: RCW 10.97.030 (4) A decision not to prosecute, a dismissal, or acquittal, except when the acquittal is due to a finding of not guilty by reason of insanity. This information is considered non-conviction and is not disseminated to the public. However, this information will remain available for law enforcement inquiries for the maximum state record retention period. This information may only be deleted pursuant to RCW 10.97.060 or upon an order from the court of jurisdiction. A dismissal entered after a period of probation, suspension, or deferral of sentence shall be considered adverse to the subject and will remain a “guilty” with an update of “dismissed”. Vacate: RCW 9.94A.637, RCW 9.94A.640, RCW 9.94A.220, RCW 9.94A.230, RCW 9.95.240, RCW 9.96.060 When a conviction is vacated the “Guilty” status is replaced with a status of “Vacated” and is no longer disseminated to the public. However, this information will remain available for law enforcement inquiries for the maximum state record retention period. Please note: The FBI disseminates ALL CHRI upon a fingerprint based record check, including incidents with a status of “vacated”. Orders to vacate conviction records must be initiated by the court of jurisdiction. Seal or Destroy (juvenile records): RCW 13.50.050, RCW 13.40.127 When a juvenile case is sealed, any documents related to the arrest incident and disposition named in the order are sealed from public view. These documents are retained by the section in the event the juvenile has a subsequent conviction that unseals the record. When a juvenile case is destroyed, any documents related to the arrest incident and disposition named in the order are physically destroyed and cannot be placed back into the state record at a later date. Orders to seal or destroy juvenile records must be initiated by the court of jurisdiction. Expungement/Deletion of Non-Conviction Information: RCW 10.97.060 Non-conviction information may be deleted upon request of the subject of the record under provisions stated by RCW 10.97.060. You may download a copy of the WSP’s Request for Expungement/Deletion of Non-Conviction Records form, complete the information and mail it to the CHS Unit for processing. Processing time may vary from 14-28 days. You will be notified of any action taken by the WSP on the request. Restoration of Firearm Rights: RCW 9.41.040 (4) Restores the individual’s right to possess a firearm, for the specific charge(s) stated in the order and/or the petition, within the state of Washington. When the CHS Unit receives an order restoring firearm rights, a notation to the corresponding case information is made which notes the date of judge’s signature, right to possess a firearm is restored, and the RCW specified in the order. The FBI record is also updated at this time. Please note that the WSP Identification and Criminal History Section does not determine your right to purchase or possess a firearm. For information on firearm purchase checks, please contact the FBI’s NICS department toll free at (877) 444-6427. Restoration orders must be obtained by the court of jurisdiction or another Washington State superior court under a civil case number. For information on obtaining a court order, please see "A Guide to Sealing and Destroying Court Records, and Deleting Criminal History Records" located at the Administrative Office of the Courts website, or contact the court of jurisdiction. Back to TopNon-Conviction CHRI ReviewThe subject of the CHRI record may review his/her record by completing a record review/challenge fingerprint card and submitting it to a local law enforcement agency (LEA), the jail or prison facility (if incarcerated), or to the WSP office in Olympia. They will then be able to review their non-conviction criminal history (either sent to the LEA, jail or prison or in office immediately in Olympia) for no longer than 30 minutes. The subject may then challenge or request a modification to their record if they believe it has incorrect information. You may not take, make a copy or reproduce your non-conviction CHRI in any way. There is no fee for this service. However, the fingerprinting agency may at its option, charge a fee for their service. Back to Topmodifications/Challenges of CHRIAn individual may request modifications to or challenges of their CHRI by submitting the Request for Modification of Record form. If the challenge is found to be substantiated, modification to the CHRI will be performed by the CHS Unit. Updated information may be provided to persons or agencies who received the person’s CHRI prior to the update. Back to Top Compromised Identity Claims (CIC)Criminal Identity Theft occurs when an individual gives another person’s name and date of birth as their own at the time of their arrest. When the arrest is submitted to the Washington State Identification System (WASIS) by a law enforcement agency, the victim’s name and date of birth become a permanent part of that thief’s CHRI. At that time the victim’s identity is considered compromised and may become a problem for victims when potential employers, volunteer coordinators, or others conduct a name and date of birth background check. Individuals who have common names may also suffer from compromised identity if another person with a similar name and date of birth has a criminal history record on file. The CIC program assists victims of identity in the following ways:
Fee: $26 Processing Time: 14-28 days You may download the Compromised Identity Claim form to take to your local law enforcement agency. Please be sure to read the instructions thoroughly before completing the CIC form. The agency may charge a fingerprinting fee for their service. The agency will then mail ALL information in to the CHS Unit, along with your photo and fee. If the packet is missing the required fee, signed CIC Form, fingerprint card, or was not sent in by a law enforcement agency, it will be returned to you. For more information, please read the CIC Frequently Asked Questions, or contact the CHS Unit. Back to TopQuestions on CHRIIf you have received a background check from the WSP, we may be able to assist you in clarifying the information contained in the CHRI. Information on a state CHRI can be confusing at times and we are here to help. We cannot answer any questions on the particulars of a court case, only the court of jurisdiction may do this. However, we are able to assist with navigating the “RAPsheet” and defining common terms associated with arrests and dispositions. If you need assistance with a Washington State CHRI, please contact the CHS Unit. If you have received a background check through a company other than the WSP, you must contact that company for assistance on the information returned to you. Contact Information
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