(1) A criminal justice agency not maintaining criminal history record information of the individual requesting inspection will not be obligated to further processing of inspection request.
(2) A criminal justice agency maintaining criminal history record information of the individual requesting inspection must respond in the manner following and as soon as administratively convenient, but in no event later than ten business days from the date of the receipt of the request.
(a) If the criminal history record information concerns offenses for which fingerprints were not submitted to the division, the agency must respond by disclosing the identifiable descriptions and notations of arrests, charges, and dispositions that are contained in the files of the agency.
(b) If the criminal history record information concerns offenses for which fingerprints were submitted to the division, the agency upon request of the subject of the record, must forward the request to the division for processing.
(c) The division will copy all Washington state criminal history record information in the files of the division relating to the individual requester and forward it to the criminal justice agency submitting the request. The division may provide a copy of the individual's nonconviction data directly to the subject of record upon written request from the individual for a reasonable fee.
(d) Upon receipt by the criminal justice agency of the requester's criminal history record information, the agency will notify the requester at his or her designated address or telephone number that the requested information is available for inspection. The subject of the criminal history record information must appear at the agency during its normal business hours for purpose of inspecting the record.
[Statutory Authority: Chapters
10.97 and
43.43 RCW. WSR 21-05-044, § 446-20-100, filed 2/11/21, effective 3/14/21; WSR 12-17-114, § 446-20-100, filed 8/21/12, effective 9/21/12; WSR 10-01-109, § 446-20-100, filed 12/17/09, effective 1/17/10; WSR 97-05-048, § 446-20-100, filed 2/18/97, effective 3/21/97. Statutory Authority: RCW
10.97.080 and
10.97.090. WSR 80-08-057 (Order 80-2), § 446-20-100, filed 7/1/80.]