For the purposes of these rules, the following words and phrases will have the following meanings:

(1) "Criminal history record information" includes, and will be restricted to identifying data and information recorded as the result of an arrest or other initiation of criminal proceedings and the consequent proceedings related thereto. "Criminal history record information" will not include intelligence, analytical or investigative reports and files.

(2) "Criminal justice agencies" are those public agencies within or outside the state which perform, as a principal function, activities directly relating to the apprehension, prosecution, adjudication or rehabilitation of criminal offenders.

(3) "Disposition" means the formal conclusion of a criminal proceeding at whatever stage it occurs in the criminal justice system.

(4) "Division" means the criminal records division of the Washington state patrol.

Criminal history record information will not be released or inspected except in accordance with RCW 43.43.700 et seq., RCW 10.97.050, and these rules.

(1) A person desiring the destruction of his or her fingerprints and/or other identifying data, pursuant to RCW 43.43.730, must make his or her request on a form furnished by the division.

(2) The request must be completed, signed by the person whose record is sought to be deleted and his or her signature witnessed. It must include the address of the applicant, the printed name and the address of the witness to the applicant's signature and such other information requested on the application as identifies the applicant and the offense for which the request of deletion is made.

(3) The request must include proof that the person making the request for deletion is the same person whose fingerprints or other identifying data are sought to be deleted. Such proof must include fingerprints of the applicant.

(4) The request must include the information necessary for the division to determine whether the request is consistent with RCW 10.97.060 including all details pertaining to the decision not to prosecute, dismissal, or acquittal of the offense for which the fingerprints or other identifying data were taken.

In every case where a fingerprint record of the arrest of an individual on criminal charges has been submitted to the division, the agency which makes the final determination of such criminal charges or in whose jurisdiction the final determination is made must report the disposition of such charges to the division at whatever stage it occurs in the criminal justice system.

The report of disposition must be made on forms provided or approved by the division or shall be transferred electronically on forms approved by the division. The disposition report must include all arrest details as they appeared on the fingerprint card forwarded to the division. The state identification number, process control number (PCN), and/or the transaction control number (TCN) must be indicated, if known, on the disposition report.

All of the information requested on the disposition report must be completed and the report mailed or electronically transferred to the division, within ten days of the date that a disposition becomes final.

(1) If the disposition of criminal charges is made by the arresting agency, as where the individual is released without charge, the arresting agency shall fill in and complete the disposition report and submit same to the division. If the disposition is known at the time of the arrest, this information should be noted on the fingerprint card or submitted electronically through livescan with the arrest information. In this case, it will be unnecessary to forward a disposition report.

(2) In all cases where the arresting agency does not make the final disposition, it shall initiate the preparation of a disposition report by recording the name of the individual arrested, the charges on which they were arrested, the name of the contributor of the fingerprint record, the process control and/or transaction control number, the arrest number and any other information that may identify the individual. At this stage the disposition of charges will be left blank. The partially completed disposition report must then be included as part of the individual's case file and must be forwarded with other information concerning the charges against the individual to the prosecutor or other agency to which the arresting agency forwards the case.

The prosecutor must promptly transmit the completed disposition information to the division if the prosecutor determines not to file charges or the case is not otherwise acted upon by a judicial body. In such cases, the prosecutor must mail or transfer the completed disposition report to the division within ten days from the date that it is determined no further judicial action will be taken on the charges.

Where the disposition of criminal charges occurs as a result of action taken by or within the jurisdiction of any court in the state of Washington, the disposition of such charges must be submitted electronically to the WSP via the electronic data exchange between the administrative office of the courts (AOC) and WSP or promptly reported to the division on a disposition report form or judgment and sentence.