Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-285 - Employment-Conviction records

Current through Register Vol. 24-14, July 15, 2024
Conviction information will be furnished by the state patrol upon
				written or electronic request of any applicant, business or organization, the
				state board of education, or the department of social and health services. This
				information will consist of the following:
(1) Convictions of crimes; and
(2) Criminal history information will be
			 furnished from the division, consistent with the provisions of RCW   43.43.830 through 43.43.840, upon receipt of a written or electronic request.
School districts, the superintendent of public instruction,
				educational service districts and their contractors will also receive conviction
				information under RCW   10.97.030 and 10.97.050 pursuant to chapter 159, Laws of
				1992.
The division will also furnish any similar records maintained by
				the Federal Bureau of Investigation or records in custody of the National Crime
				Information Center, if available, subject to their policies and procedures
				regarding such dissemination.
(a) The
			 business or organization making such request will not make an inquiry to the
			 Washington state patrol or an equivalent inquiry to a federal law enforcement
			 agency unless the business or organization has notified the applicant who has
			 been offered a position as an employee or volunteer that an inquiry may be
			 made.
(b) For positive
			 identification, the request for criminal history information form may be
			 accompanied by fingerprint cards of a type specified by the division, and must
			 contain a certification by the business or organization; the state board of
			 education; or the department of social and health services, that the information
			 is being requested and will be used only for the purposes as enumerated in RCW
			   43.43.830 through 43.43.845.
(c) In
			 the absence of fingerprint cards, the applicant may provide a right thumb
			 fingerprint impression in the area provided on the request for criminal history
			 information form. In the event of a possible match to the applicant's name and
			 date of birth, the right thumb fingerprint impression will be used for
			 identification verification purposes only.
(d) After processing a properly completed
			 request for criminal history information form, if the conviction record,
			 disciplinary authority final decision, or equivalent response from a federal law
			 enforcement agency shows no evidence of crimes, an identification declaring the
			 showing of no evidence will be issued to the business or organization by the
			 division within fourteen working days of receipt of the request. Possession of
			 such identification will satisfy future record check requirements for the
			 applicant for a two-year period.
(e)
			 The business or organization must notify the applicant of the state patrol's
			 response within ten calendar days after receipt by the business or organization.
			 The employer must provide a copy of the response to the applicant and must notify
			 the applicant of such availability.
(f) The business or organization will be immune
			 from civil liability for failure to request background information on a
			 prospective employee or volunteer unless the failure to do so constitutes gross
			 negligence.