RCW 43.43.838
Record checks—Transcript of conviction record—Fees—Immunity—Rules.
(1) After January 1, 1988, and notwithstanding any provision of RCW 43.43.700 through 43.43.810 to the contrary, the state patrol shall furnish a transcript of the conviction record pertaining to any person for whom the state patrol or the federal bureau of investigation has a record upon the written request of:
(a) The subject of the inquiry;
(b) Any business or organization for the purpose of conducting evaluations under RCW 43.43.832;
(c) The department of social and health services;
(d) Any law enforcement agency, prosecuting authority, or the office of the attorney general;
(e) The department of social and health services for the purpose of meeting responsibilities set forth in chapter 18.51, 18.20, or 72.23 RCW, or any later-enacted statute which purpose is to regulate or license a facility which handles vulnerable adults; or
(f) The department of children, youth, and families for the purpose of meeting responsibilities in chapters 43.216 and 74.15 RCW. However, access to conviction records pursuant to this subsection (1)(f) does not limit or restrict the ability of [the] department of children, youth, and families to obtain additional information regarding conviction records and pending charges as provided in RCW 74.15.030(2)(b).
(2) The state patrol shall by rule establish fees for disseminating records under this section to recipients identified in subsection (1)(a) and (b) of this section. The state patrol shall also by rule establish fees for disseminating records in the custody of the national crime information center. The revenue from the fees shall cover, as nearly as practicable, the direct and indirect costs to the state patrol of disseminating the records. No fee shall be charged to a nonprofit organization for the records check. Record checks requested by school districts and educational service districts using only name and date of birth will be provided free of charge.
(3) No employee of the state, employee of a business or organization, or the business or organization is liable for defamation, invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information under RCW 43.43.830 through 43.43.840 or 43.43.760.
(4) Before July 26, 1987, the state patrol shall adopt rules and forms to implement this section and to provide for security and privacy of information disseminated under this section, giving first priority to the criminal justice requirements of this chapter. The rules may include requirements for users, audits of users, and other procedures to prevent use of civil adjudication record information or criminal history record information inconsistent with this chapter.
(5) Nothing in RCW 43.43.830 through 43.43.840 shall authorize an employer to make an inquiry not specifically authorized by this chapter, or be construed to affect the policy of the state declared in chapter 9.96A RCW.
[ 2017 3rd sp.s. c 6 § 226; 2009 c 170 § 1; 2007 c 17 § 5; 2005 c 421 § 5; 1995 c 29 § 1; 1992 c 159 § 7; 1990 c 3 § 1104. Prior: 1989 c 334 § 4; 1989 c 90 § 4; 1987 c 486 § 5.]
NOTES:
Effective date—2017 3rd sp.s. c 6 §§ 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Findings—1992 c 159: See note following RCW 28A.400.303.
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.