BILL REQ. #:  S-3287.1 

Read first time 01/11/10.   Referred to Committee on Judiciary.

     AN ACT Relating to the deletion of nonconviction data; and amending RCW 10.97.060.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 10.97.060 and 1977 ex.s. c 314 s 6 are each amended to read as follows:
     (1) Criminal history record information which consists of nonconviction data only shall be ((subject to deletion)) deleted from all criminal justice agency files ((which are available and generally searched for the purpose of responding to inquiries)) concerning the criminal history of a named or otherwise identified individual ((when two years or longer have elapsed since)):
     (a) Ninety days after the finding or judgment that makes the record ((became)) nonconviction data as a result of the entry of a disposition favorable to the defendant((, or)); or
     (b) Upon the passage of three years from the date of arrest or issuance of a citation or warrant for an offense for which a conviction was not obtained, unless the defendant is a fugitive((,)) or the case is under active prosecution according to a current certification made by the prosecuting attorney.
     The court shall transmit the order to the arresting agency. The arresting agency shall be responsible for transmitting the order of deletion to any other agency to which the arresting agency has transmitted the nonconviction data.
     (2) Such criminal history record information consisting of nonconviction data shall be deleted ((upon the request of the person who is the subject of the record)) ninety days after the finding or judgment that makes the information nonconviction data: PROVIDED, HOWEVER, That the criminal justice agency maintaining the data may, at its option, refuse to make the deletion if:
     (((1))) (a) The disposition was a deferred prosecution ((or similar diversion of the alleged offender));
     (((2))) (b) The person who is the subject of the record has had a prior conviction for a felony or gross misdemeanor;
     (((3))) (c) The individual who is the subject of the record has been arrested for or charged with another crime during the intervening period.
     (3) Nothing in this chapter is intended to restrict the authority of any court, through appropriate judicial proceedings, to order the modification or deletion of a record in a particular cause or concerning a particular individual or event.