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Chapter 446-16 WAC

Last Update: 10/10/16

WASHINGTON STATE IDENTIFICATION SECTION

WAC Sections

HTMLPDF446-16-010Definitions.
HTMLPDF446-16-020Scope of the rules.
HTMLPDF446-16-025Deletion of arrest records.
HTMLPDF446-16-060Disposition reports—When required.
HTMLPDF446-16-070Report contents—General.
HTMLPDF446-16-080Report time limitations.
HTMLPDF446-16-090Law enforcement agencies—Reporting responsibilities.
HTMLPDF446-16-100Prosecutorial agencies—Reporting responsibilities.
HTMLPDF446-16-110Courts—Reporting responsibilities.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
446-16-030Inspection by the subject of their record. [Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-16-030, filed 12/17/09, effective 1/17/10; WSR 01-20-039, § 446-16-030, filed 9/26/01, effective 10/27/01; WSR 97-05-048, § 446-16-030, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 92-15-014, § 446-16-030, filed 7/6/92, effective 8/6/92; Order 1, § 446-16-030, filed 2/11/74.] Repealed by WSR 12-17-113, filed 8/21/12, effective 9/21/12. Statutory Authority: RCW 10.97.080 and [10.97.]090.
446-16-040Reporting of persons detained in custody. [Order 1, § 446-16-040, filed 2/11/74.] Repealed by WSR 97-05-048, filed 2/18/97, effective 3/21/97. Statutory Authority: Chapters 10.97 and 43.43 RCW.
446-16-050Report by social and health services on change of parole status—Other changes—Requirements. [Order 1, § 446-16-050, filed 2/11/74.] Repealed by WSR 97-05-048, filed 2/18/97, effective 3/21/97. Statutory Authority: Chapters 10.97 and 43.43 RCW.
446-16-120Audit of reporting compliance. [Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-16-120, filed 12/17/09, effective 1/17/10; WSR 97-05-048, § 446-16-120, filed 2/18/97, effective 3/21/97; Order 1, § 446-16-120, filed 2/11/74.] Repealed by WSR 13-18-067, filed 9/3/13, effective 10/4/13. Statutory Authority: Chapters 10.97 and 43.43 RCW.


PDF446-16-010

Definitions.

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 public record 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 that result which is reached at a determination of criminal proceedings against an individual at any stage in the criminal justice system and resulting in the culmination or final disposal of the criminal charge.
(4) "Section" means the identification and criminal history section of the Washington state patrol.
[Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-16-010, filed 12/17/09, effective 1/17/10; WSR 97-05-048, § 446-16-010, filed 2/18/97, effective 3/21/97; Order 1, § 446-16-010, filed 2/11/74.]



PDF446-16-020

Scope of the rules.

Criminal offender record information will not be released or inspected except in accordance with RCW 43.43.700 et seq. and these rules.
[Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-16-020, filed 12/17/09, effective 1/17/10; Order 1, § 446-16-020, filed 2/11/74.]



PDF446-16-025

Deletion of arrest records.

(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 section.
(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 reasonable 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 if requested by the section.
(4) The request must include the information necessary for the section 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.
[Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-16-025, filed 12/17/09, effective 1/17/10; WSR 97-05-048, § 446-16-025, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 92-15-014, § 446-16-025, filed 7/6/92, effective 8/6/92; Order 1, § 446-16-025, filed 2/11/74.]



PDF446-16-060

Disposition reports—When required.

In every case where a fingerprint record or other report of the arrest of an individual on criminal charges has been submitted to the section, 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 section.
[Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-16-060, filed 12/17/09, effective 1/17/10; Order 1, § 446-16-060, filed 2/11/74.]



PDF446-16-070

Report contentsGeneral.

The report of disposition must be made on forms provided by the section or shall be transferred electronically on forms approved by the section. The disposition report must include all arrest details as they appeared on the fingerprint card or arrest record previously forwarded to the section. The state identification number and process control number (PCN) must be indicated on the disposition report if fingerprints were taken.
[Statutory Authority: RCW 43.43.745 and 10.97.090. WSR 16-21-024, § 446-16-070, filed 10/10/16, effective 11/10/16. Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-16-070, filed 12/17/09, effective 1/17/10. Statutory Authority: Chapter 10.98 RCW as amended by SSB 6535, 1998 regular session. WSR 99-07-051, § 446-16-070, filed 3/15/99, effective 4/15/99. Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 97-05-048, § 446-16-070, filed 2/18/97, effective 3/21/97; Order 1, § 446-16-070, filed 2/11/74.]



PDF446-16-080

Report time limitations.

All of the information requested on the disposition report must be completed and the report mailed or electronically transferred to the section, within ten days of the date that a disposition becomes effective.
[Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-16-080, filed 12/17/09, effective 1/17/10. Statutory Authority: Chapter 10.98 RCW as amended by SSB 6535, 1998 regular session. WSR 99-07-051, § 446-16-080, filed 3/15/99, effective 4/15/99. Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 97-05-048, § 446-16-080, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 92-15-014, § 446-16-080, filed 7/6/92, effective 8/6/92. Statutory Authority: RCW 10.97.090. WSR 91-22-055 (Order 91-007), § 446-16-080, filed 11/1/91, effective 12/2/91; Order 1, § 446-16-080, filed 2/11/74.]



PDF446-16-090

Law enforcement agencies—Reporting responsibilities.

(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 section. If the disposition is known at the time the arrest record or fingerprint card is submitted to the section, this information should be noted thereon. 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 he was arrested, the name of the contributor of the arrest or fingerprint record, the process 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, but the agency will note the action that it has taken, e.g., referred to the prosecutor. 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.
[Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-16-090, filed 12/17/09, effective 1/17/10. Statutory Authority: RCW 10.97.080 and 10.97.090. WSR 92-15-014, § 446-16-090, filed 7/6/92, effective 8/6/92; Order 1, § 446-16-090, filed 2/11/74.]



PDF446-16-100

Prosecutorial agencies—Reporting responsibilities.

The prosecutor or county clerk must promptly transmit the completed disposition information to the section 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 or county clerk must mail or transfer the completed disposition report to the section within ten days from the date that it is determined no further judicial action will be taken on the charges.
[Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-16-100, filed 12/17/09, effective 1/17/10. Statutory Authority: Chapter 10.98 RCW as amended by SSB 6535, 1998 regular session. WSR 99-07-051, § 446-16-100, filed 3/15/99, effective 4/15/99. Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 97-05-048, § 446-16-100, filed 2/18/97, effective 3/21/97; Order 1, § 446-16-100, filed 2/11/74.]



PDF446-16-110

Courts—Reporting responsibilities.

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 reported to the section pursuant to rules of the supreme court of the state of Washington on forms approved by the supreme court and supplied by the section. However, in a county where the judicial information system or other secure method of electronic transfer of information has been implemented between the court and the section, the court may electronically provide the disposition information to the section.
[Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 10-01-109, § 446-16-110, filed 12/17/09, effective 1/17/10. Statutory Authority: Chapter 10.98 RCW as amended by SSB 6535, 1998 regular session. WSR 99-07-051, § 446-16-110, filed 3/15/99, effective 4/15/99. Statutory Authority: Chapters 10.97 and 43.43 RCW. WSR 97-05-048, § 446-16-110, filed 2/18/97, effective 3/21/97; Order 1, § 446-16-110, filed 2/11/74.]