RCW 43.43.815
Conviction record furnished to employer—Purposes—Notification to subject of record—Fees—Limitations—Injunctive relief, damages, attorneys' fees—Disclaimer of liability—Rules.
(1) Notwithstanding any provision of RCW 43.43.700 through 43.43.810 to the contrary, the Washington state patrol shall furnish a conviction record, as defined in RCW 10.97.030, pertaining to any person of whom the Washington state patrol has a record upon the written or electronic request of any employer for the purpose of:
(a) Securing a bond required for any employment;
(b) Conducting preemployment and postemployment evaluations of employees and prospective employees who, in the course of employment, may have access to information affecting national security, trade secrets, confidential or proprietary business information, money, or items of value; or
(c) Assisting an investigation of suspected employee misconduct where such misconduct may also constitute a penal offense under the laws of the United States or any state.
(2) When an employer has received a conviction record under subsection (1) of this section, the employer shall notify the subject of the record of such receipt within thirty days after receipt of the record, or upon completion of an investigation under subsection (1)(c) of this section. The employer shall make the record available for examination by its subject and shall notify the subject of such availability.
(3) The Washington state patrol shall charge fees for disseminating records pursuant to this section which will cover, as nearly as practicable, the direct and indirect costs to the Washington state patrol of disseminating such records.
(4) Information disseminated pursuant to this section or RCW 43.43.760 shall be available only to persons involved in the hiring, background investigation, or job assignment of the person whose record is disseminated and shall be used only as necessary for those purposes enumerated in subsection (1) of this section.
(5) Any person may maintain an action to enjoin a continuance of any act or acts in violation of any of the provisions of this section, and if injured thereby, for the recovery of damages and for the recovery of reasonable attorneys' fees. If, in such action, the court finds that the defendant is violating or has violated any of the provisions of this section, it shall enjoin the defendant from a continuance thereof, and it shall not be necessary that actual damages to the plaintiff be alleged or proved. In addition to such injunctive relief, the plaintiff in the action is entitled to recover from the defendant the amount of the actual damages, if any, sustained by him or her if actual damages to the plaintiff are alleged and proved. In any suit brought to enjoin a violation of this chapter, the prevailing party may be awarded reasonable attorneys' fees, including fees incurred upon appeal. Commencement, pendency, or conclusion of a civil action for injunction or damages shall not affect the liability of a person or agency to criminal prosecution for a violation of chapter 10.97 RCW.
(6) Neither the section, its employees, nor any other agency or employee of the state is liable for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information pursuant to this section or RCW 43.43.760.
(7) The Washington state patrol may adopt rules and forms to implement this section and to provide for security and privacy of information disseminated pursuant hereto, giving first priority to the criminal justice requirements of chapter 43.43 RCW. Such rules may include requirements for users, audits of users, and other procedures to prevent use of criminal history record information inconsistent with this section.
(8) Nothing in this section shall authorize an employer to make an inquiry not otherwise authorized by law, or be construed to affect the policy of the state declared in RCW 9.96A.010, encouraging the employment of ex-offenders.
[ 2009 c 549 § 5132; 1995 c 169 § 1; 1982 c 202 § 1.]
Structure Revised Code of Washington
Title 43 - State Government—Executive
Chapter 43.43 - Washington State Patrol.
43.43.005 - Comprehensive outreach and marketing strategic plan.
43.43.012 - Chief for a day program.
43.43.013 - Donations, gifts, conveyances, devises, and grants.
43.43.015 - Affirmative action.
43.43.020 - Appointment of personnel.
43.43.030 - Powers and duties—Peace officers.
43.43.037 - Legislature—Security and protection—Duty to provide.
43.43.040 - Disability of patrol officers.
43.43.050 - Tenure of patrol officers.
43.43.060 - Suspension or demotion of probationary officers.
43.43.080 - Criminal complaint—Authority to suspend officer—Hearing.
43.43.090 - Procedure at hearing.
43.43.110 - Reinstatement on acquittal.
43.43.111 - Patrol officer vehicle accidents.
43.43.112 - Private law enforcement off-duty employment—Guidelines.
43.43.115 - Real property—Sale or disposal of surplus—Distribution of proceeds.
43.43.120 - Patrol retirement system—Definitions.
43.43.130 - Retirement fund created—Membership.
43.43.135 - Membership in more than one retirement system.
43.43.138 - Establishing, restoring service credit.
43.43.139 - Membership while serving as state legislator—Conditions.
43.43.142 - Retirement board abolished—Transfer of powers, duties, and functions.
43.43.165 - Board may receive contributions from any source.
43.43.220 - Retirement fund—Expenses.
43.43.230 - Total service credit.
43.43.233 - Purchase of additional service credit—Costs—Rules.
43.43.235 - Service credit for paid leave of absence.
43.43.250 - Retirement of members.
43.43.260 - Benefits—Military service credit.
43.43.263 - Effect of certain accumulated vacation leave on retirement benefits.
43.43.264 - Benefit calculation—Limitation.
43.43.274 - Minimum retirement allowance—Annual adjustment.
43.43.278 - Retirement option.
43.43.286 - Rights reserved to the legislature—No future contractual rights.
43.43.290 - Status in case of disablement.
43.43.295 - Accumulated contributions—Payment upon death of member.
43.43.315 - Optional actuarially equivalent life annuity benefit.
43.43.320 - Penalty for falsification.
43.43.330 - Examinations for promotion.
43.43.340 - Eligible list, and promotions therefrom—Affirmative action.
43.43.350 - Determination of eligibility for examination for promotion.
43.43.360 - Probationary period.
43.43.370 - Staff or technical officers.
43.43.380 - Minimum salaries—Report.
43.43.390 - Bicycle awareness program—Generally.
43.43.395 - Ignition interlock devices—Standards—Compliance.
43.43.3952 - Ignition interlock devices—Officer required to report violations—Liability.
43.43.396 - Ignition interlock devices—Fee schedule and fee collection—Report—Fee deposit.
43.43.400 - Aquatic invasive species inspection and training.
43.43.480 - Routine traffic enforcement information.
43.43.500 - Crime information center—Established—Purpose—Functions.
43.43.530 - Crime information center—Cost of terminal facilities.
43.43.540 - Sex offenders and kidnapping offenders—Central registry—Reimbursement to counties.
43.43.545 - Statewide sexual assault kit tracking system.
43.43.550 - Traffic safety education officers—Powers—Pay and reimbursement.
43.43.560 - Automatic fingerprint information system—Report.
43.43.580 - Firearms background check unit—Automated firearms background check system—Fee.
43.43.585 - Washington background check advisory board.
43.43.590 - State firearms background check system account.
43.43.600 - Drug control assistance unit—Created.
43.43.610 - Drug control assistance unit—Duties.
43.43.630 - Drug control assistance unit—Use of existing facilities and systems.
43.43.640 - Drug control assistance unit—Certain investigators exempt from state civil service act.
43.43.650 - Drug control assistance unit—Employment of necessary personnel.
43.43.655 - Drug control assistance unit—Special narcotics enforcement unit.
43.43.670 - Bureau of forensic laboratory services—Powers—Priorities.
43.43.680 - Controlled substance, simulator solution analysis—Prima facie evidence.
43.43.690 - Crime laboratory analysis fee—Court imposition—Collection.
43.43.700 - Identification and criminal history section.
43.43.705 - Identification data—Processing procedure—Definitions.
43.43.710 - Availability of information.
43.43.715 - Identification—Cooperation with other criminal justice agencies.
43.43.720 - Local identification and records systems—Assistance.
43.43.725 - Records as evidence.
43.43.730 - Records—Inspection—Copying—Requests for purge or modification—Appeals.
43.43.740 - Photographing and fingerprinting—Transmittal of data.
43.43.742 - Submission of fingerprints taken from persons for noncriminal purposes—Fees.
43.43.750 - Use of force to obtain identification information—Liability.
43.43.751 - Biological samples for missing persons investigations.
43.43.752 - DNA identification system—Plan—Report.
43.43.753 - Findings—DNA identification system—DNA database—DNA data bank.
43.43.7532 - DNA identification system—DNA database account.
43.43.7541 - DNA identification system—Collection of biological samples—Fee.
43.43.756 - DNA identification system—Analysis, assistance, and testimony services.
43.43.758 - DNA identification system—Local law enforcement systems—Limitations.
43.43.759 - DNA identification system—Rule-making requirements.
43.43.760 - Personal identification—Requests—Purpose—Applicants—Fee.
43.43.762 - Criminal street gang database—Information exempt from public disclosure.
43.43.765 - Reports of transfer, release or changes as to committed or imprisoned persons—Records.
43.43.770 - Unidentified deceased persons.
43.43.775 - Interagency contracts.
43.43.780 - Transfer of records, data, equipment to section.
43.43.785 - Criminal justice services—Consolidation—Establishment of program.
43.43.800 - Criminal justice services programs—Duties of executive committee.
43.43.830 - Background checks—Access to children or vulnerable persons—Definitions.
43.43.8321 - Background checks—Dissemination of conviction record information.
43.43.833 - Background checks—State immunity.
43.43.836 - Disclosure to individual of own record—Fee.
43.43.838 - Record checks—Transcript of conviction record—Fees—Immunity—Rules.
43.43.839 - Fingerprint identification account.
43.43.850 - Organized crime intelligence unit—Created.
43.43.852 - "Organized crime" defined.
43.43.854 - Powers and duties of organized crime intelligence unit.
43.43.870 - Missing children clearinghouse and hotline, duties of state patrol.
43.43.874 - Missing and murdered indigenous women, other indigenous persons—Liaison positions.
43.43.876 - Missing and murdered indigenous women, other indigenous persons—Protocol—Training.
43.43.885 - Scrap metal no-buy list database program.
43.43.912 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
43.43.930 - State fire protection services—Intent.
43.43.934 - Director of fire protection—Duties.
43.43.938 - Director of fire protection—Appointment—Duties.
43.43.940 - Fire service training program—Grants and bequests.
43.43.942 - Fire service training—Fees and fee schedules.
43.43.944 - Fire service training account.
43.43.946 - Fire services trust fund.
43.43.948 - Fire services trust fund—Expenditures.
43.43.950 - Fire service training center bond retirement account of 1977.
43.43.952 - Arson investigation information system—Findings—Intent.
43.43.960 - State fire service mobilization—Definitions.
43.43.961 - State fire service mobilization—Legislative declaration and intent.
43.43.964 - State fire service mobilization—Development of reimbursement procedures.
43.43.970 - Law enforcement mobilization—Definitions.
43.43.973 - State law enforcement mobilization—State law enforcement coordinator—Duties.