Criminal History and Criminal Records

Law Enforcement Records

You have the right to inspect the criminal history record information (CHRI) on file with the Washington State Patrol (WSP) or a local police agency. Requests to inspect the CHRI must comply with the local police agency's or the WSP's rules.

Such information includes reports of investigations, records of arrests, and identification information obtained from adults and juveniles who are arrested for offenses.

Local police agencies are required by state statute to send a fingerprint arrest card to the WSP on all adults and many juveniles arrested for the commission of a felony or gross misdemeanor. On serious offenses, fingerprints are also sent to the Federal Bureau of Investigation (FBI).

A record of the disposition of the case is also sent to the FBI and the WSP. A report of an individual's arrest record, as maintained by the WSP or FBI, is frequently called a "rapsheet."

Whether information contained on a rapsheet or in a law enforcement agency's files may be modified, vacated or expunged depends upon whether the result of the case was a conviction or acquittal, and the court where the case was heard (juvenile or adult).

The vacating, sealing, or expungement of a law enforcement record does not necessarily change or delete the records maintained by the courts. Requests to change or delete court records must be made to that particular court.

Challenges for Accuracy

You must make any challenge to the accuracy or completeness of the CHRI in writing, clearly identifying the information which you feel is inaccurate or incomplete. If the agency refuses to change the information, you may appeal that decision to the head of the agency that created the record.

Deletion or Expungement

You may request deletion or expungement of CHRI in the WSP if: (1) the file consists only of non-conviction data; (2) you are not under prosecution and you have not been arrested for or charged with a new crime; and either (3a) two years or longer has elapsed since the record became non-conviction data as a result of the entry of a disposition favorable to you, or (3b) three years or longer have elapsed from the date of arrest or filing of charges and you are not a fugitive and the case is not still pending in court.

Information regarding how to make a request for deletion or expungement of criminal record information may be obtained from the WSP. Following the WSP's procedure will not delete or expunge CHRI in the possession of a local police agency. A separate request must be made to the local (arresting) police agency in accordance with that agency's procedure.

You may not obtain the deletion or expungement of a record related to a case that resulted in a conviction or other disposition adverse to you. Examples of dispositions that are adverse to you include the entry of an order to dismiss entered after the successful completion of a period of probation, suspension, or deferral of sentence. However, when the superior court has vacated your felony conviction, the public will not have access to information about the conviction in your CHRI.

Juvenile Records

A court order to seal a juvenile record may also result in the removal of all reference to the arrest incident and disposition from the records maintained by the WSP, but identifying information held by the WSP is not subject to sealing or destruction. Identifying information includes fingerprints, palmprints, soleprints, toeprints, and any other data that identifies you by physical characteristics, name, birthdate or address. The documents related to the arrest and disposition named in the court order are sealed in an envelope. The envelope is not opened unless the WSP is ordered to do so by a court or if you are later arrested for a felony or are found guilty of a crime or juvenile offense.