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Authorization form | Background Check Results | Background Disclosure | Definitions | Employment and Access Decisions | Fingerprint-Based Background Checks | General Questions | Disclaimer | Purpose | WSP RapSheet (example) | Reading RapSheets | Request for Thumbprint | Washington State Patrol
Definitions
The words and/or phrases defined in this section are provided to assist consumers in understanding the specific language and terminology used in the DSHS background check process.
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Abandonment of a Dependent Person- Abandonment of a dependent person is a criminal act in Washington. To be convicted of abandonment, a person has committed abuse or very serious neglect of a vulnerable person. See RCW 9A.42.060
Abet- To incite, approve, or help in wrongdoing.
Accessory- A person who, though absent, helps another to break or escape the law.
Accessory After the Fact (WA) - Washington criminal code currently makes no distinction between "before" or "after the fact" accessory. An accessory conviction is treated the same as a conviction for the specifically named crime.
Accomplice - A person who knowingly participates with another in an unlawful act.
Acquittal - An acquittal is the legal and formal certification of innocence of a person who has been charged with a crime, this is treated the same as a finding of not guilty.
Acquittal by Reason of Insanity - Means the judge agreed the person was insane when the crime was committed. The WSP includes the information on a RAP sheet to meet WSP requirements. Acquittal by Reason of Insanity is treated the same as an acquittal.
Adjudicate - To hear and decide a case.
Administrative Policy - DSHS written and official policy directing the administration of DSHS programs and services.
Admitting to a Crime - A person can admit to a crime before the court by pleading guilty, (see pleading guilty) and can admit to a crime or action on the DSHS authorization form (disclosure).
Affidavit - A written statement provided under oath.
After the Fact - See: Accessory After the Fact
Age of Majority - The age at which a person is legally responsible for his/her own actions.
AKA - Also known as; see Alias.
Alford Plea or Newton Plea - A defendant may plead "No Contest" to charges. This is treated the same as a guilty finding in Washington State.
Alias - An assumed name; another name.
APS Finding - The written result of the Adult Protective Services (APS) investigation which shows the circumstances and person(s) who are believed to have committed the abuse, neglect or exploitation of a vulnerable adult. An APS finding may also be the written opinion of an Administrative Law Judge issued after a due process fair hearing.
Appeal - Review of a case by a higher court.
Applicant - An individual who has signed the DSHS background check authorization form under penalty of perjury. The individual is also considered the subject of the background check.
Arraignment - A criminal court hearing where a person charged with a crime is told of the charges and asked to plead guilty or not guilty.
Arrest - Means to take or hold a suspected criminal with legal authority.
Attempt (Criminal Attempt) - Check with your DSHS contact person to ask about the program requirements for attempted crimes. RCW 9A.020 defines attempted crimes.
Attorney General - The Attorney General (AG) or an assistant Attorney General (AAG) is an attorney appointed to represent the state of Washington.
Attorney of Record - An attorney who is responsible for handling a legal matter on behalf of the person or entity he/she represents.
Authorization Form - The DSHS background check form which authorizes DSHS to conduct a background check.
Background Check Central Unit (BCCU) - The unit which provides background check information for DSHS and service providers to make decisions on whether to license, hire or contract with the applicant.
Bail - An amount of money determined by the judge and posted with the court as security to ensure the defendant’s appearance in court at a specified time.
Bail Forfeiture - The money which the defendant posted at the time of arrest is lost to the defendant when the defendant does not comply with the directions of a court requiring defendant’s attendance at a criminal action or proceeding and does not otherwise make himself/herself accountable to the courts. A bail forfeiture finding is not a charge of guilty or not guilty – it is a way to clear the case from the court system.
Bench Warrant - When the court determines the need to arrest a person.
Certificate of Rehabilitation (COR) - means a certificate issued by a court of law under RCW 9.41.040 and 9.41.047 to request court permission to possess a firearm after a period of incarceration. The department does not recognize these certificates as assurance of the character, competence and suitability of an individual to serve or work with juveniles, children or vulnerable adults.
Character, Competence, and Suitability (CCS) - Means the assessment of the potential personal and professional capability of an employee or applicant to work with or serve vulnerable adults, juveniles or children based on a review of crimes and negative actions.
Charge - Formal accusation of having committed a criminal offense.
Child - "Children" or "youth," means individuals who are:
- Under eighteen years old, including expectant mothers under eighteen years old; or
- Up to twenty‑one years of age and enrolled in high school, equivalent course of study, GED, or educational program;
- Up to twenty‑one years of age with developmental disabilities; or
- Up to twenty‑one years of age if under the custody of the Washington state juvenile rehabilitation administration.
Citation - Summons to appear in court.
Civil Action - A court action that is not criminal and relates to the private rights of individuals.
Conditional Pardon - A conditional pardon is a special requirement written into the pardon document. The pardoned person has a duty to follow the requirement as part of his/her obligation. A pardon strikes the conviction from the books as if it had never occurred, and the convicted person is treated as innocent.
Conspiracy (criminal conspiracy) - Many DSHS administrations treat a conviction for conspiracy to commit a crime that appears on the DSHS Secretary's List of Crimes the same as the crime listed. Check with your DSHS contact person for specifics. RCW 9A.28.040 defines criminal conspiracy.
Consumer - An individual or an entity conducting background checks through DSHS.
Contract Provider - A provider who carries a contract with DSHS to provide services to vulnerable adults or children.
Conviction - To be convicted of a crime, an individual must be found guilty by a court or admit guilt (plead guilty). Records of convictions are public information and can be released as such by the court or the WSP.
Conviction Record - A record of conviction shows the officially reported conviction information submitted to the WSP with fingerprints. A record of conviction is considered public information and can be released by the courts or the WSP.
Covered Position - A covered position is a term used to identify DSHS positions requiring a background check as a condition of employment.
Crimes List - See: Secretary's List of Crimes and Negative Actions.
Customer Service Specialist - The BCCU employees who conduct background checks are classified as Customer Service Specialists.
- Criminal defendant – The person who is charged with a crime in a court of law.
- Civil defendant – The person or entity against whom a civil action is brought.
Defer - Postpone to a future time.
Deferred Prosecution - A “deferred prosecution “ is not a conviction. The court may defer prosecution or put off the conviction by court order or an agreement. If the individual violates the agreement, prosecution immediately moves forward.
Deferred Sentence - A “deferred sentence” is a conviction. The sentence involves restitution, training, or other agreed action. If the individual does not follow through with the court ordered action, a sentence is automatically imposed, such as jail time or fines.
Department of Corrections (DOC) - DOC is responsible to oversee and manage incarcerated and paroled felons.
Department of Health (DOH) - DOH regulates health care professionals, hospitals and other health care agencies and business. DOH reports action taken against licenses, certifications and registration of health care professionals and entities providing health care.
Direct Access - State statute does not define direct access, however, it is generally accepted to mean the same as unsupervised access to a vulnerable adult, juvenile, or child.
Disciplinary Board Final Decision - A disciplinary board final decision is a finding issued by the Department of Health (DOH) for violation of the Uniform Disciplinary Act. The Act governs health care providers and individuals licensed, certified or registered by DOH. See: Chapter 18.130 RCW.
Disclosure - The DSHS authorization form requires the applicant disclose any convictions and other actions of concern in his/her background. The disclosure is signed under the penalty of perjury.
Dismiss - To dispose of an action or suit without any further consideration or hearing.
Dismissed Charge (Dropped Charge) - See: Dismiss
Dismissed Convictions - The term dismissed on a RAP sheet can be confusing; there are several issues to look for when considering a conviction that may be dismissed:
- If the RAP sheet status line shows GUILTY, Date, and DISM or DISMISSED, the subject has met the requirements of the court and is released from further court jurisdiction.
This conviction has NOT been dismissed. - The individual can petition to dismiss a guilty plea or finding after they have met the requirements specified by the court. These cases will not show on a public RAP sheet. A non-conviction RAP sheet will show “vacated” by the crime.
This conviction has been dismissed. - If a charge is dismissed prior to a conviction, the crime is removed from the Washington State Patrol (WSP) public record and should not show on a WSP RAP sheet.
Dismissed with Prejudice - This is not a conviction. When a charge is dismissed with prejudice, it is considered a completed case and the prosecutor may not use the information to pursue further charges.
Dismissed without Prejudice - This is not a conviction. The charge remains an open case until the specified time has past. If the individual commits further crimes or violates the court order, the prosecution can pursue the original charges.
Disposition - The formal conclusion of a criminal proceeding at whatever stage it occurs in the criminal justice system. Law enforcement uses the word disposition as the final settlement of the case. A disposition of “guilty” indicates that the person was convicted.
Dissemination - Disclosing criminal history record information to any person or agency outside the agency receiving the information.
District Attorney - See Prosecuting Attorney.
District Court - District Courts are courts of limited jurisdiction over the following cases:
- Traffic infractions;
- Criminal and traffic criminal misdemeanors and gross misdemeanors;
- Civil matters for damages for injury to individuals or personal property;
- Penalties and contract disputes no greater than $50,000; and
- Civil claims (also known as "small claims") for recovery of money not exceeding $4,000.
Diversion - In criminal procedure, a system for giving a chance for a first-time criminal defendant in lesser crimes to perform community service, make restitution for damage due to the crime, obtain treatment for alcohol or drug problems and/or counseling for antisocial or mentally unstable conduct. If the defendant cooperates and the diversion results in progress, the charges eventually may be dismissed. Usually diversion may not be granted for a second offense.
DOA - Date of arrest or receipt.
DOB - Date of birth.
DOC - Department of Corrections.
DSHS - Department of Social and Health Services.
DSHS Contact Person - The DSHS employee assigned to provide support, oversight and authorization for DSHS programs and service providers.
Due Process - Means an accused person who has been provided due process notice and a choice to defend themselves in a fair hearing in front of an Administrative Law Judge. A finding is the result of the due process notice and proceeding.
Equivalency - Means the review and comparison of the legal components of similarly named crimes to determine if the crimes can be considered equal.
Entity - Means business, contract agency, individual provider, and others conducting background checks through BCCU.
Exonerate - To free from charge, responsibility, or obligation.
Expunge - The act of physically destroying criminal record/conviction information in files, computers, or other information depositories.
Fail to Appear (FTA) - Defendant failed to make himself/herself accountable to the court and/or did not appear in court as ordered.
Fail to Comply (FTC) - Defendant failed to comply with the terms of the sentence.
Fail to Pay (FTP) - Defendant failed to pay fine or costs or both imposed at the time of sentencing.
FBI - Federal Bureau of Investigation.
Federal Conviction/Crime - A Federal conviction/crime is an offense that is a violation of federal statute and include crimes such as interstate trafficking of drugs, pornography, guns or bank robbery. These convictions are not reported to the WSP but are reported to the FBI. If an applicant admits to a federal crime the federal court of jurisdiction must be contacted.
Felony - A felony is the offense classification for crimes of a more serious nature than those designated as gross misdemeanor or misdemeanor crimes. For purposes of sentencing, classified felonies are designated as one of three classes:
- Class A: punishment not to exceed confinement in a state correctional institution for a term of life imprisonment, or by a fine in an amount fixed by the court of $50,000 or by both;
- Class B: punishment not to exceed confinement in a state correctional institution for a term of ten years, or by a fine in an amount fixed by the court of $20,000, or by both; or
- Class C: punishment not to exceed confinement in a state correctional institution for five years, or by a fine in an amount fixed by the court of $10,000, or by both.
Final Discharge - Defendant has completed the requirements of his/her sentence and has received a final discharge from confinement or supervision and may also have civil rights restored.
Finding - Generally, a finding is an action taken by DSHS that shows an individual or entity has been found by the department to have abused, neglected, exploited or abandoned a vulnerable person. Findings reported by DSHS/BCCU are limited to official findings that have been established through legal due process including notice and/or an administrative hearing process.
Fingerprint Check - A fingerprint check is considered a positive identification check. The fingerprints of an applicant are reviewed to match fingerprints taken at the time of an arrest or conviction of a crime.
Felony Offender Report System (FORS) - A database operated and managed by the Department of Corrections showing felony offender status.
Fugitive - A person who has fled from justice.
Gross Misdemeanor - Any crime other than a felony or misdemeanor; punishable by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than $5,000, or by both.
Guilty - A person found to have committed a crime or offense by a court of law is pronounced guilty.
Guilty Plea - Admitting to the court you committed a crime. This is the same as being found guilty by the court. Both result in a conviction.
Justice Information System (JIS) - JIS is a statewide database managed by the Administrative Office of the Courts. The system provides information on the status of a court case.
Juvenile Court - Juvenile Court has exclusive jurisdiction over juveniles who violate the criminal laws of this State or who are in need of protection and/or advocacy as a result of abuse, neglect, or abandonment.
Juvenile Court Records - The majority of juvenile court records are kept at juvenile court and not reported to the WSP. If a juvenile continues serious criminal activity, the records are released under specific circumstances to the WSP. Sex and violent crimes are reported to the WSP as a matter of public safety.
Juvenile Offender - An individual who is under the chronological age of 18 years (and who has not been previously transferred to adult court) and has been found by the juvenile court to have committed an offense.
Licensee/Licensed Provider - A provider that has been issued a license by the state (DSHS), to offer services under specific laws and regulations.
Misdemeanor - A misdemeanor is an offense lower than a felony and includes crimes punishable by imprisonment in a county jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both.
Municipal court - A court of exclusive jurisdiction of matters arising from ordinances of the city, and no jurisdiction of other matters except as conferred by statute.
NCIC - The FBI National Crime Information Center is a tool used by law enforcement and criminal justice agencies for instant access to national criminal information. NCIC is not considered positive identification (like a fingerprint based check) and is generally followed by fingerprints to ensure the correct identification of an individual found in the system. DSHS is not a criminal justice agency for purposes of using NCIC.
Negative Action - Means any action taken against the applicant including but not limited to:
- A decision issued after a due process civil adjudicative proceeding by a state agency or an Administrative Law Judge showing a finding of abuse, neglect, exploitation, or abandonment of a juvenile, a child or vulnerable adult;
- Termination, revocation, suspension, or denial of a license, certification, and/or State or Federal contract;
- Relinquishment of a license, certification, or contract in lieu of negative action;
- Revocation, suspension, denial or restriction placed on a professional license; and
- Disciplinary board final decisions.
No Contest - See: Alford Plea and Nolo Contendre.
No Prosecution - Charge was not filed by the prosecutor.
Nolo Contendre - Latin for "I will not contest" the charges, which is a plea made by a defendant to a criminal charge, allowing the judge to then find the defendant guilty, often called a "plea of no contest."
Nolle Pros - Nolle Prosequi; declaration that the plaintiff in a civil case or prosecutor in a criminal case will drop prosecution of all or part of a suit or indictment.
Non-Conviction Data - Means criminal history information that is considered not available to the public under the laws of Washington. Generally, non-conviction information includes pending charges over 12 months old which have not received a final decision by a court.
Not Guilty Plea - Plea of a person who claims not to have committed the crime of which he/she is accused.
Not Guilty Verdict - After trial by judge or by a jury issuing a verdict showing the prosecution has not proved the defendant guilty of a crime or that the accused person was insane at the time the crime was committed.
Not Guilty by Reason of Insanity - A finding of insanity will result in a verdict of "not guilty," but, if the condition still exists, it may result in incarceration in a mental facility for the criminally insane or confinement in a mental hospital.
OBRA Registry - OBRA stands for Omnibus Budget Reconciliation Act, an Act of the US Congress. Nursing homes are required under the Act to check the OBRA registry prior to allowing a nurse assistant to work. Aging and Disability Services Administration (ADSA) administers the OBRA registry in Washington State. DSHS/BCCU receives OBRA registry updates daily from ADSA and reports the information as part of the background check result.
On-line Background Check - The WSP offers an on-line service for a fee to the public for purposes of checking backgrounds. The on-line search is called WATCH and is a based on computer identification of the individual. Flawed data entry, and/or an untruthful applicant can result in inaccurate reports.
ORI - An ORI is a number assigned by the FBI and used to identify the origination information for a request for fingerprint-based check.
Pardoned - The use of an executive power of a Governor or President to forgive a person convicted of a crime. A pardon strikes the conviction from the books as if it had never occurred, and the convicted person is treated as innocent. See Conditional Pardon.
Parole - The conditional release of a convict from prison before the sentence is completed.
Pattern Type - The classification given to a fingerprint and its primary characteristic (e.g., whorl, loop, arch, etc.).
Penalty of perjury - A sworn oath stating the truth and correctness of information. If an applicant provides incorrect or untruthful information on the DSHS background authorization form, he/she may be prosecuted for lying under oath (perjury).
Pending Charge - Means a charge for an offense or crime that has not been addressed by the court. A pending charge in Washington will show on a RAP sheet for only 12 months after the charge was filed if the court has not made a decision.
Perjury - Lying on a legal document or in testimony after signing or stating under oath that the information provided is true and correct.
Pleading guilty - Admitting to the court that you committed a crime. This is the same as being found guilty by the court. Both result in a conviction.
Privacy Act - Laws that protect privacy related to criminal history. There are two privacy acts used by DSHS related to criminal records. The federal Privacy Act of 1974 found in 28 CFR, and the Washington State Criminal Records Privacy Act, found in Chapter 10.97 RCW.
Probation - Means a person has been found guilty of a crime and is allowed to remain in the community, usually under the supervision of a probation officer.
Prosecution Declined - A decision by the prosecutor to take no further action on a case.
Protection Proceeding - A court action involving a person, over the age of 18, found to have abused or financially exploited a vulnerable adult or child.
Provider - Any individual or entity that provides services to DSHS.
Public Information - Public information about a conviction record consists of convictions by a public court and arrests and pending charges that are less than 12 months old.
Quashed - A warrant that has been cancelled or set aside.
RAP - Record of arrests and prosecutions.
Re-Check- Means a subsequent background check is conducted on an individual who received a background check in the past.
Revised Code of Washington (RCW) - The laws of Washington; passed by the legislature and codified by the State Code Revisers Office into a set of laws called the Revised Code of Washington.
Registered Sex Offender (RSO) - The official title for the Registered Sex Offender List is Sex and Kidnapping Offenders Requiring Registration. Any person who appears on this list has been convicted of a disqualifying sex and/or kidnapping crime. After 10 years as an RSO, WA law allows a registered sex offender to petition the court to request the registration requirement be withdrawn.
Released No Charge - The person has been released with no charges filed.
Requester - The requester is the individual or entity who submits the background authorization form to BCCU.
Restitution - Restitution means that an individual, who has committed a crime or has been convicted of a crime, agrees to pay money or to perform other services as a condition of sentence.
Result - BCCU notification of information found on the subject of the background check.
Rolled Impressions - Washington State Patrol (WSP) ten nail-to-nail rolled fingerprint impressions on a fingerprint card.
Secretary of DSHS - The person appointed by the Governor to direct the Department of Social and Health Services.
Sentence - Judgment formally pronounced by a judge upon a defendant after conviction in a criminal prosecution.
Secretary's List of Crimes and Negative Actions - Means the DSHS list of potentially disqualifying crimes and negative actions adopted by the Secretary of DSHS as the first level of the determination of an applicants or employee's character, competence and suitability to have access to vulnerable people.
Secure Fax Location - as defined by the Washington State Patrol, means a location accessible only to designated employees responsible to handle and process authorization forms and information related to background checks.
SID number - Means state identification number assigned to each individual retained in the WSP/AFIS (Automated Fingerprint Identification System) and criminal history databases.
SMT - Scars, marks, tattoos.
Solicitation (criminal solicitation) - Many DSHS administrations treat a conviction for solicitation to commit a crime that appears on the Secretary's List of Crimes and Negative Actions the same as the crime listed. Check with your DSHS contact person for specifics. Criminal Solicitation is defined in RCW 9A.28.030.
Source Document - The Additional Information Source Report and Record Summary (source document) will be sent out when BCCU has information from a previous self-disclosure, the Department of Corrections, other law enforcement database, or from a prior background check not reflected on the WSP RAP sheet.
Statute - A law created by the legislature.
Superior Court - The county court having criminal jurisdiction of felony offenses and misdemeanors, when not otherwise provided by law.
Suspended Sentence - Execution of the sentence has been withheld by the court based on certain terms and conditions.
Thumbprint Request- Means BCCU cannot positively identify an individual as the person with a record. When the identify of the applicant is in question, the WSP requires the applicant's thumbprint to compare with the thumbprint on record. When using the special BCCU/WSP thumbprint form, this process take less than 5 days.
Time Limited Disqualification - Crimes and offenses that are identified as disqualifying until a specific amount of time passes. After the time has passed, a determination of Character, Competence, and Suitability to have unsupervised access to vulnerable people is made. The conviction remains on the individual’s record of convictions but is considered differently after the allotted time has past. See Character, Competence and Suitability, this section.
Tracking System - The BCCU tracking system is a database that logs and tracks the work of the unit. This system allows BCCU staff to locate results that have been sent out and to check the status of fingerprint and WSP name and date of birth checks.
Unsupervised Access - Unsupervised is defined in Chapter 43.43.830 RCW. “Unsupervised” means not in the absence of:
(a) Another employee or volunteer from the same business or organization as the applicant; or
(b) Any relative or guardian of any of the children or developmentally disabled persons to which the applicant has access during the course of his or her employment or involvement with the business or organization. “Access” means being left alone in the presence of a vulnerable adult for any period of time.
Vacation of Record of Conviction - State law allows a convicted individual to request their record be deleted under certain circumstances. There are special provisions in the law concerning the specific types of crimes that can be vacated. The court may clear the record of conviction and the fact the offender has been convicted of the offense shall not be included in the offender's criminal history record. (The order of "vacate" replaces "guilty" in disposition status.)
Violent Offense - Any felony defined under any law as a Class A felony or an attempt to commit a Class A felony; criminal solicitation of or criminal conspiracy to commit a Class A felony and other offenses as defined in RCW 9.94A.030(38).
Vulnerable Adult - Means a person who is a client of DSHS and/or is:
- Sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself; or
- Found incapacitated under Chapter 11.88 RCW; or
- Developmentally disabled as defined under RCW 71A.10.020; or
- Admitted to any facility operated by DSHS; or
- Receiving services from a DSHS contracted, authorized, certified, licensed or individual provider, including those certified under RCW 70.96A; or
- Receiving services through home health, hospice, or home care agencies required to be licensed under RCW 70.127; or
- Admitted to a certified chemical dependency detoxification treatment facility in accordance with Chapter 70.96A RCW.
Vulnerable Person - A vulnerable person includes children and adults. Check with your DSHS contact person to identify the exact requirements of your program.
WAC - Washington Administrative Code.
WACIC - Washington Crime Information Center.
Warrant - A court order authorizing an officer to make an arrest, seizure, or search or perform some other designated act.
WASIS - Washington State Identification and Criminal History Section of the Washington State Patrol. (Identification, Child Abuse, Vulnerable Adult Abuse, and Criminal History Section.)
WATCH - See On-line Background Checks.
Welfare fraud - A conviction for welfare fraud, welfare-theft, or theft-welfare is considered the same as a conviction for theft. Click here to see a detailed notice concerning this crime.
WSP - Washington State Patrol.
WSP Fingerprint-based Background Check - The Washington State Patrol (WSP) will conduct a fingerprint-based background check for anyone who submits a 10-print fingerprint card with the required fee. BCCU does not facilitate this kind of fingerprint check. BCCU only conducts finger-print based checks as required under state law; in conjunction with the FBI fingerprint check.