Guidebook
Authorization Forms
General Questions
- How is a background check requested through DSHS/BCCU?
An entity authorized by DSHS, submits a completed DSHS background authorization form to DSHS/BCCU. A background check authorization form (Form #09-653) can be downloaded at http://www.dshs.wa.gov/msa/forms/eforms.html
- How does an entity become authorized?
Contact the BCCU for specific instructions at bccuinquiry@dshs.wa.gov or by calling (360) 902-0299.
- Why is the DSHS/BCCU Authorization form required?
The DSHS form is used to make sure the correct information is available to conduct a background check and to give BCCU permission to check the applicant's background.
- Will DSHS/BCCU conduct a background check without an authorization form?
No. A background check cannot be authorized without a current BCCU Authorization form.
- Can the DSHS/BCCU authorization form be used to conduct a WSP on-line background check?
No. The BCCU Authorization form authorizes BCCU to conduct the background check and release the resulting background information to DSHS.
Does DSHS/BCCU charge a fee?
No. BCCU has legislative authority to conduct background checks without a fee for specific administrations within DSHS and certain authorized entities. However, the FBI and WSP charge fees for conducting fingerprint-based background checks. Each DSHS Administration has specific policies about how they collect those fees.
Completing the Authorization Form
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Who completes the authorization form?
The form is separated into two sections. Section One (Boxes 1-5) is to be completed by the entity requesting the background check. Section Two (Boxes 6-20) is to be completed by the applicant.
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Should anyone, including DSHS Authorized staff, fill in missing information on behalf of the applicant?
No. The background authorization form is a legal document. The applicant has signed the form under the penalty of perjury attesting to the truth of the information. The applicant must make any changes or additions that are necessary to complete Section Two of the form. The authorizing entity may only make changes or additions to Section One.
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Why must the account number required for Box #4 be written EXACTLY the same as listed in the DSHS/BCCU Account numbers website?
Account numbers are the identifiers of each DSHS Authorized Entity capable of requesting a background check through BCCU. When the account number is entered into the BCCU system, it pulls up the mailing address, phone, fax etc for the entity. If the account number is missing or incorrect, BCCU cannot identify who the entity is. Therefore, BCCU is unable to process the form or communicate errors to the entity.
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How do I locate the BCCU Account Number required for Box #4?
The list of BCCU Account Numbers can be found on BCCU’s internet site at http://www.dshs.wa.gov/msa/bccu/bccu-account.htm. Click on the appropriate program link. You may also contact the DSHS office that serves you.
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Why is it necessary to write all names, married names, and nicknames?
An individual can be arrested and convicted using a variety of names that may or may not be associated with them in the computer database at the WSP. Every possible name is necessary to conduct a thorough check. If only one name is run through the WSP, a conviction may not be found for someone who has been convicted under another name.
- Why are male applicants required to answer the question regarding previous married names?
Some males have taken another name in marriage. For those
who have not, they must indicate in some way that they read the question
and have responded. Writing “None”, “N/A” or drawing a line through the
box is an acceptable response to the question.
Rejecting Authorization Forms
- Why are background check authorization forms returned unprocessed?
Below are the most common reasons an authorization form is returned unprocessed:
- The faxed form cannot be read.
- Required information cannot be read or is incomplete.
- An outdated background authorization form is submitted (To obtain a current copy of the form, you must go to the Internet site provided above in #1).
- The date of the signature is older than three (3) months.
- The date signed by the authorized DSHS staff is older than three (3) months.
NOTE: To ensure forms are not rejected, the authorized DSHS staff should review the form for completeness and legibility prior to sending or faxing the form to BCCU.
Submitting Authorization Forms and Receiving Results
- How do I submit the authorization form to BCCU?
Authorization forms can be faxed, or mailed. The chosen method needs to be consistent. Additionally, some DSHS programs have the capability to submit forms electronically over the internet. Please contact the DSHS office that serves you for more information.
To fax: Forms faxed into BCCU will receive background check results by fax.
- Fax directly to the unit at (360) 902-0292 (the number is also on the authorization form);
- Identify a secure fax machine within the entity; and
- Designate a trained staff person to handle this specific confidential and private information.
To mail: Forms mailed into BCCU will receive background check results by mail.
- Direct all mail to DSHS Background Check Central Unit;
- Mail applications directly to the unit using the address on the authorization form; and
- Designate a trained staff person to receive, open, and secure this specific confidential and private mail.
- How will the results be returned?
The process may be dependent on the specific DSHS administration policy. Check with your DSHS administration contact for details. Generally, forms faxed to BCCU will cause results to be returned by fax; forms received by mail will cause results to be returned by mail.
- Will the background authorization form or other documents submitted to BCCU be returned to the entity requesting the background check?
No. Effective January 1, 2007, all items submitted to BCCU will be imaged and destroyed. Only the result information will be returned to the entity requesting the background check. Therefore, please submit photocopies of documents rather than originals.
- Why do some background checks take more time to process?
The turnaround time for processing background checks without fingerprints is generally 5-7 business days. Processing time for fingerprint-based background checks is currently 6-8 weeks. There are many variables that may cause some background check requests to take longer than others, including the following:
- The authorization forms did not arrive at DSHS/BCCU.
- The DSHS/BCCU fax server did not correctly receive the form or return the results.
- The background check is required for a licensing application. Licensing laws require DSHS licensing personnel to conduct additional investigation. The licensing process generally takes more time and more extensive work.
- A thumbprint has been requested by the WSP for positive identification.
- The authorization form is returned to the entity without being processed due to incomplete, incorrect, or illegible information.
- More extensive research is required because of reported out of state criminal history information or pending charges.
- Fingerprint-based checks involve the WSP and the FBI and take more time and more extensive work to process.
- Can I check on the status of a background check?
Yes. Call the BCCU at (360) 902-0299, or email at bccuinquiry@dshs.wa.gov. You will need to provide the following information:
- BCCU Account Number;
- Applicant’s full name;
- Applicant’s date of birth;
- Applicant’s Social Security number (if available);
- Date the authorization form was faxed or mailed; and
- Identify if it was a fingerprint based background check.
- How long should I wait to contact BCCU after submitting an authorization form?
Entities should wait at least a week but no longer than one month before contacting BCCU. Each entity should establish a policy and process to track background authorization forms, especially if the applicant is hired contingent upon the result of the check.
- Should the background form be faxed or mailed again?
No. Each time an authorization form is resubmitted a second or third time, the workload increases for DSHS/BCCU, thus increasing turnaround time. Please call the unit to check on the status of a background check. DSHS/BCCU staff will request re-submission if necessary.
Background Check Results
What will a BCCU background check result show?
Background check information will vary depending on the information provided by the applicant and the WSP. The BCCU background check result generally shows criminal convictions that occurred in Washington State and may include but not limited to:
- Pending charges under 12 months old
- Civil or family court decisions
- Convictions from other states
- DSHS and/or Department of Health disciplinary board final decisions of abuse, neglect, abandonment, or exploitation of a vulnerable adult or child
- Professional or provider license suspension and revocation
- Department of Corrections information
How is the background result information located by BCCU?
BCCU has direct electronic access to WSP information and access to the Department of Corrections database. BCCU also has access to the Washington Nurse Assistant OBRA Registry. The OBRA Registry shows license and certification status and findings of abuse, neglect, abandonment, or exploitation of vulnerable adults by Nurse Assistants. BCCU is able to access the court system database when more information is necessary. BCCU may also have self-disclosure information provided by the applicant on prior authorization forms.
Does BCCU include any descriptive or interpretive information when the result is returned?
If the individual has any kind of record with the WSP, a copy will be included with the background check. The requestor is responsible to interpret the result and make a decision based on governing statutes and regulations. The notice from BCCU may include one of the following:
- A BCCU letter;
- The RAP Sheet if any;
- Additional Information and Source Document, showing information obtained through self-disclosure, the Department of Corrections or other sources; or
- A request to obtain positive identification through a thumbprint.
Does a BCCU result contain the same information as the WSP?
YES. BCCU receives the Washington State criminal conviction history information by direct electronic access to the WSP database.
Does the WSP provide the same result information as BCCU?
NO. DSHS/BCCU may have some information that the WSP does not have such as:
- DSHS due process findings of abuse, neglect, abandonment, and exploitation
- More specific Department of Corrections information
- Some out-of-state information may be available through self-disclosure and/or past background checks.
How long are BCCU background check results valid (good)?
Check with your DSHS contact person. The WSP indicates their background check is valid for two (2) years because:
- At the time the result is issued, it is possible that the individual has been convicted and/or charged with a crime that does not appear on the result. The information may not have been entered into the WSP system or sent to the WSP by the court
- It is possible the individual is in the process of a conviction at the time the check is completed. If the pending charge is over 12 months old it will not appear on the RAP sheet until settled in court
- It is possible to be convicted of a crime within two years
Should a requester rely 100% on the result of any background check?
No. Judgment should be used when hiring a person even when a background report is favorable. Consider the following:
- There may be convictions in other states
- There may be convictions in other jurisdictions not included in the WSP report such as Federal Court
- There may be convictions not yet posted by the WSP
Some entities have developed policy that require a background check to be completed on a regular interval for all staff.
Are felony crimes/convictions more important than others?
Not always. Some crimes may be misdemeanors or gross-misdemeanors but are considered relevant to the care of vulnerable adults and children, such as fourth degree assault and domestic violence.
What are the confidentiality requirements for handling results?
Only designated and trained staff responsible for the screening, faxing, mailing and receipt of background checks results should have access to these records. Applicants have the right to expect all background check information will be kept private.
Can the results be shared with an applicant?
Results are shared based on WSP regulations and program guidelines. Check with your DSHS contact person.
Can results be shared with other requesters?
The law requires that results are shared only between specific health care providers under certain conditions. Prior to sharing results with anyone, check with your DSHS contact person.
What if the applicant denies the result is accurate?
The WSP is required by law to correct results that incorrectly show a conviction record. The results can be corrected easily and on the same day that the applicant contacts the WSP.
What if the applicant’s identity has been stolen or the wrong person was identified on the results?
These problems are easily and quickly settled by a review oaf the result at BCCU or the WSP. WSP and BCCU have an agreed process taking less than 5 days.
What if the requester receives results belonging to a different requester?
Send the result and letters back to BCCU, attention: Supervisor. Include a note with the reason for the return. BCCU staff do not always know if a problem has occurred in faxing or mailing. Any information you can provide leads to a faster correction and re-directing of results.
If I have not received the background check result, who should I call?
If BCCU returns results to your DSHS program: Call your DSHS contact person first, it may be at the DSHS office awaiting program action.
If BCCU returns results directly to you or your DSHS contact person has not received the results: Contact BCCU by email at bccuinquiry@dshs.wa.gov. To provide an accurate and prompt response, we ask that you include as much information as possible in your email:
- DSHS form number and/or program type;
- Date the forms were sent to BCCU;
- Location name appearing in box 1 of the form;
- Applicant's name;
- Date of birth, and
- SSN if available.
What information is needed to check on the status?
Be ready to provide the following information:
- Requestor name and location
- Date the form was faxed or mailed
- Applicant’s full name
- Applicant’s date of birth
- Applicant’s Social Security number
Does BCCU provide background check result information over the telephone?
NO. A background check result is written and documented information.
Should a background check result be accepted directly from an applicant?
NO. Background check results are easily changed on paper. DSHS background check letters and WSP results have been forged in the past.
Background Disclosure
What is disclosure?
Background check laws and DSHS procedure require the applicant to reveal (disclose) his or her background. The BCCU authorization form has a disclosure section that asks questions related to criminal background, licensing and abuse and neglect. The answers must be given honestly.
Why is disclosure important?
The disclosure questions are answered under penalty of perjury and may provide additional background information.
What is required if an applicant answers “yes” to the disclosure questions on the authorization form?
Check with your DSHS contact person.
Does a disclosure have to be verified prior to ending the employment process?
NO. A disclosure from the individual is legally acceptable information and may be acted on. The authorization form must still be submitted to BCCU.
Why submit the authorization form to BCCU after the employment process is ended?
Often, the person who makes the disclosure is not hired and applies at other facilities. If a subsequent application is submitted without the disclosure, BCCU has a copy of the original disclosure.
What is required if an applicant answers “no” to the disclosure questions but has a disqualifying background?
Check with your DSHS contact person.
Why are applicants required to swear the information is correct under the penalty of perjury?
Penalty of perjury law allows the state attorney general to charge a person for submitting false information on a legal document.
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.
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.
Defendant -
- 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 - Welfare fraud is a crime independent of the crime of Theft. Theft is used as a means to assign restitution of punishment for welfare fraud. Welfare Fraud is not considered an automatically disqualifying crime. Check with your DSHS contact person.
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.
Employment and Access Decisions
When should the request for a background check be made?
In general, the check should be requested no later than 48 hours after hire or access, depending on the specific governing laws and regulations of your DSHS administration. The background check should be considered one step in the hiring process.
Should a background check be used as a tool to identify potential background issues right away?
YES. However, the background check should not be the only means to screen potential employees. The process should be dictated by policy and should not be the only “test” to allow unsupervised access to vulnerable people.
Will BCCU make the decision as a result of the background check?
NO. BCCU conducts the check and provides information to the requester. Some DSHS administrations will make the decision relating to the use of state funds to hire. Check with your DSHS contact person.
What disqualifies a person from having unsupervised access to children or vulnerable adults?
The laws (federal and state) and regulation indicate what will disqualify a person from working with children and vulnerable adults. The requirements differ depending on the basis for the background check. Check with your DSHS contact person.
Does the law allow a convicted person to be hired after a certain time has passed?
Check with your DSHS contact person. The time period or crimes may vary according to the program.
After the time has passed, will the conviction remain on the individual’s record?
YES. The law, which allows unsupervised access after the passage of time for certain crimes, does not affect the conviction record. Once the person is convicted, the conviction remains on the record unless it is legally removed.
What is required if the applicant admits to a conviction?
If an applicant discloses a disqualifying conviction or action, the entity is not required to verify the disclosure. The authorization form must still be sent to BCCU for processing.
What is required if charges are pending?
Many of the DSHS administrations are required to treat pending charges the same as the conviction. Check with your DSHS contact person.
What is required if the conviction involves an “attempted” crime?
Many of the DSHS administrations are required to treat attempted convictions the same as the conviction. Check with your DSHS contact person. See Attempted in Definition section.
What is the required action if the RAP sheet shows a conviction without a degree?
Do not assume that the conviction is for the lesser degree of a crime. The requester should instruct the applicant to work directly with the WSP to:
- Determine the degree of the conviction, especially if it is one that allows hiring after time has passed; if the degree cannot be determined through WSP, the applicant must follow the steps below within a specific timeframe:
- Request that the court of jurisdiction fax a copy of the relevant court documents directly to the WSP; or
- Out of state convictions, request the court of jurisdiction fax a copy of the relevant court documents directly to the BCCU Customer Service Supervisor, Fax (360) 902-0292.
NOTE: Court documents must be interpreted by BCCU with the assistance of legal counsel when necessary. All court documents should be sent to BCCU for interpretation.
What if an employee admits to a disqualifying conviction after they have been employed for a period of time?
Once the requester knows that an employee has been convicted of a disqualifying crime, they must act according to the law to protect children and vulnerable adults. The requester should ask the employee to complete another authorization form with the disclosure and submit it to BCCU. BCCU will issue a result based on the new information.
Can an entity hire a person who has a disqualifying conviction if they will work in the laundry, kitchen, or another “non-care giving” position?
Entities should consider “access” to include sharing entry doors, bathrooms, smoking and break areas, as well as delivery of food or laundry to children and/or vulnerable adults. Seek legal counsel before implementing such a policy and call your DSHS contact person.
Employment and Access Decisions
When should the request for a background check be made?
In general, the check should be requested no later than 48 hours after hire or access, depending on the specific governing laws and regulations of your DSHS administration. The background check should be considered one step in the hiring process.
Should a background check be used as a tool to identify potential background issues right away?
YES. However, the background check should not be the only means to screen potential employees. The process should be dictated by policy and should not be the only “test” to allow unsupervised access to vulnerable people.
Will BCCU make the decision as a result of the background check?
NO. BCCU conducts the check and provides information to the requester. Some DSHS administrations will make the decision relating to the use of state funds to hire. Check with your DSHS contact person.
What disqualifies a person from having unsupervised access to children or vulnerable adults?
The laws (federal and state) and regulation indicate what will disqualify a person from working with children and vulnerable adults. The requirements differ depending on the basis for the background check. Check with your DSHS contact person.
Does the law allow a convicted person to be hired after a certain time has passed?
Check with your DSHS contact person. The time period or crimes may vary according to the program.
After the time has passed, will the conviction remain on the individual’s record?
YES. The law, which allows unsupervised access after the passage of time for certain crimes, does not affect the conviction record. Once the person is convicted, the conviction remains on the record unless it is legally removed.
What is required if the applicant admits to a conviction?
If an applicant discloses a disqualifying conviction or action, the entity is not required to verify the disclosure. The authorization form must still be sent to BCCU for processing.
What is required if charges are pending?
Many of the DSHS administrations are required to treat pending charges the same as the conviction. Check with your DSHS contact person.
What is required if the conviction involves an “attempted” crime?
Many of the DSHS administrations are required to treat attempted convictions the same as the conviction. Check with your DSHS contact person. See Attempted in Definition section.
What is the required action if the RAP sheet shows a conviction without a degree?
Do not assume that the conviction is for the lesser degree of a crime. The requester should instruct the applicant to work directly with the WSP to:
- Determine the degree of the conviction, especially if it is one that allows hiring after time has passed; if the degree cannot be determined through WSP, the applicant must follow the steps below within a specific timeframe:
- Request that the court of jurisdiction fax a copy of the relevant court documents directly to the WSP; or
- Out of state convictions, request the court of jurisdiction fax a copy of the relevant court documents directly to the BCCU Customer Service Supervisor, Fax (360) 902-0292.
NOTE: Court documents must be interpreted by BCCU with the assistance of legal counsel when necessary. All court documents should be sent to BCCU for interpretation.
What if an employee admits to a disqualifying conviction after they have been employed for a period of time?
Once the requester knows that an employee has been convicted of a disqualifying crime, they must act according to the law to protect children and vulnerable adults. The requester should ask the employee to complete another authorization form with the disclosure and submit it to BCCU. BCCU will issue a result based on the new information.
Can an entity hire a person who has a disqualifying conviction if they will work in the laundry, kitchen, or another “non-care giving” position?
Entities should consider “access” to include sharing entry doors, bathrooms, smoking and break areas, as well as delivery of food or laundry to children and/or vulnerable adults. Seek legal counsel before implementing such a policy and call your DSHS contact person.
FingerPrint-Based Background Checks
What is a fingerprint-based background check?
A fingerprint-based background check is considered the only positive identification background check. A name and date of birth check is not positive identification. A set of all 10 fingerprints must be submitted to conduct the FBI check. The FBI requires a WSP fingerprint based check as part of the fingerprint based FBI check. The results contain information that has been transmitted to the FBI by law enforcement. In most cases, a fee is required. Check with your DSHS contact person to determine if your program requires a fingerprint-based background check and the cost.
What is required to be able to conduct an FBI background check?
Federal law requires a state law to conduct fingerprint-based FBI background checks. BCCU facilitates the FBI checks for DSHS administrations that have legal authority. Call your DSHS contact person about laws that may apply to you.
What is the process to conduct an FBI fingerprint check?
FBI fingerprint-based background checks require one fingerprint card with all 10 fingerprints and a fee. The WSP electronically transmits the fingerprint card to the FBI. The results are sent separately to BCCU.
Who is required to have an FBI check?
The Washington Legislature has given legal authority to some, not all, DSHS administrations. Call your DSHS contact person for the specific law that applies to you.
What is required of the requester?
The requester must:
- Provide the applicant the DSHS fingerprint card printed with the statute that allows the FBI check
- Provide instructions to the applicant on the printing process and a timeframe to complete the printing process
- Track the applicant to ensure the quickest turnaround time
- Send a completed card and payment to BCCU
What is required of the applicant?
The applicant must:
- Take the DSHS fingerprint card to a law enforcement agency to have fingerprints rolled
- Pay the fingerprint rolling fee charged by the law enforcement agency
- Take or mail the completed fingerprint card to the requester, licenser or entity within allotted time frame
Can results of an FBI check be shared with the requester?
Only if the requester is a DSHS office. The FBI is a repository for state information. The FBI recommends that the individual state be contacted to furnish the original record. It is the responsibility of the applicant to contact other states to verify or correct information.
If an individual has had a FBI check completed for an agency other than DSHS, are new fingerprints required?
YES. Current laws prevent sharing of fingerprint results between different departments of the state.
Is there a specific fingerprint card that must be used?
YES. Each original FBI fingerprint card is pre-printed with the authorizing law and identification number (ORI) assigned by the FBI. The ORI number tells the FBI where to return the result.
Where can a supply of the pre-printed fingerprint cards be ordered?
Check with your DSHS contact person.
How does the FBI return results?
Results are sent directly to BCCU through a special electronic system.
How does the WSP return results?
Results are mailed directly to BCCU.
How are fingerprint cards and the authorization forms processed after received by BCCU?
The applicant information is entered into the BCCU tracking system and the fingerprint card is forwarded to the WSP. The WSP electronically transmits the card to the FBI and keeps the original to conduct a WSP fingerprint check.
How long does it take BCCU, the WSP and the FBI to process a fingerprint check?
The fingerprint-based background check process should be completed within approximately 6 to 8 weeks depending on the WSP and FBI response time.
Who pays for the FBI/WSP check?
This will depend on the specific RCW or WAC requiring the check. Your DSHS contact person should provide specific information.
Does DSHS reimburse the applicant for the fingerprinting fee charged by local law enforcement agencies?
Check with your DSHS contact person to inquire about your DSHS administration policy on reimbursement.
What is the process when the WSP or the FBI rejects a fingerprint card?
BCCU will return a reject letter and an explanation from the WSP or FBI with the rejected fingerprint card. The fingerprint process must be completed as required. If the WSP or FBI determines the individual will most likely never be able to provide legible prints, a notice is provided with a name and date of birth check result.
Why is the rejected fingerprint card sent back with the rejection letter?
- BCCU must receive the rejected card with the new card. The FBI and WSP will compare the print quality. This allows the WSP/FBI to decide better prints may not be possible.
- Local law enforcement may charge a fee for re-printing if the card is rejected by the FBI/WSP.
- The WSP and FBI have individual policy about additional charges for rejected cards. Contact BCCU.
- Both the FBI and the WSP have rules about the number of times an individual’s rejected fingerprints are re-processed.
Is an applicant required to have another FBI check when it is time for license renewal or after a certain time has passed?
Check with your DSHS contact person for specific information related to your program requirements.
Can an individual request a copy of their FBI identification records?
YES. The request must be in writing and mailed to:
Special Correspondence Unit (SCU)
Federal Bureau of Investigation
Criminal Justice Information Services Division
Attention: SCU, Module D-2
1000 Custer Hollow Road
Clarksburg, WV 26306-0171
Requests must be accompanied by satisfactory proof of identity consisting of:
- Name;
- Date and place of birth;
- One set of rolled inked fingerprints on a fingerprint card from a law enforcement agency; and
- $18.00 in a certified check or money order payable to the Treasury of the United States.
Is the FBI check the only way to receive information on a federal conviction?
NO. Records of federal convictions can be obtained directly through the federal court where the conviction took place. If an individual were convicted of a crime in the Seattle federal jurisdiction, the record of conviction is available at the Federal court in Seattle. Federal courts do not send conviction records to the WSP, however they do report to the FBI.
Will DSHS/BCCU inform the licenser/requester of the result of the BCCU name and date of birth check conducted prior to sending the fingerprint cards to the WSP?
NO. If the applicant has a disqualifying background in Washington State, a notice will be sent to the requester. If there is a record or no information, the notice will be sent when the FBI and WSP reports are both received by BCCU.
General Questions
Will the Background Check Central Unit (BCCU) conduct a background check for anyone who requests it?
NO. DSHS is authorized by State law to conduct background checks only for programs, such as DSHS licensed authorized, or contracted service providers for vulnerable adults and children.
Who is required to have a background check?
Washington State has laws and regulations requiring background checks in a variety of settings. Generally, people who may have unsupervised access to children and/or vulnerable adults must have a background check. Call your DSHS contact person to find out if you are required to have a background check.
Must background checks be conducted through BCCU?
This depends on the requirements of the specific DSHS administration or program regulating or funding your activities. To ask about the requirements you must follow, call your DSHS contact person.
When should a background check be requested?
Call your DSHS contact person to ask about the requirements.
How often should a background check be conducted?
Check with your DSHS contact person about your program requirements for repeating a background check.
Where can the law or regulation requiring a background check be found?
RCW and WAC can be found on the Internet at http://access.wa.gov/. Call your DSHS contact person to request the RCW or WAC number.
If a different department of government conducts a background check, is another check required?
YES. The Office of Support Enforcement (OSE) and several other state agencies, such as the Superintendent of Public Instruction (SPI) and Department of Licensing (DOL) conduct background checks under different state laws and regulations. Each law has different legal requirements for “passing” a check. State laws do not allow DSHS and other departments to share background check results.
Should background checks be conducted on family or friends who visit?
Call your DSHS contact person for your program requirements.
Should background checks be conducted on clients (vulnerable people)?
Federal regulations may prohibit conducting background checks as an additional test used to deny services to a client. Check with your DSHS contact person and your legal advisor.
Disclaimer
This guidebook is not intended to be a substitute for legal advice or to be used in place of operation standards, personnel policies and/or procedures. This guidebook should not be used as a resource on Washington State law, code, or administration policy. Please consult the DSHS Web Page or your local library for the current DSHS Administration Policy, RCW and/or WAC.
Purpose
The purpose of this Guidebook is to provide information on how to conduct a background check through the Department of Social and Health Services (DSHS), Background Check Central Unit (BCCU).
Conducting a background check should be considered one component of the overall assessment of a person's character, competence and suitability to care for and have unsupervised access to children, juveniles or vulnerable adults. A background check provided by BCCU should not be considered the sole basis to allow unsupervised access to vulnerable people.
Each requester of a background check is required to know and follow the mandate of state law and must carefully consider the result of the check for each person who may or will have unsupervised access to vulnerable people.
To consistently apply the background screening process, requesters are encouraged to develop standard policies and procedures to conduct, review, use, store, and release background check information. It is considered good practice to have all written policy and procedures reviewed by your legal counsel.
This Guidebook includes a definition and terminology section to ensure appropriate interpretation of the terms used for the purpose of this booklet.
We have found our greatest understanding of the background check process has come through the asking and answering of questions. We have, therefore, chosen such a format for this Guidebook.
**DISCLAIMER**
This Guidebook is not intended to be a substitute for legal advice or to be used in place of operation standards, personnel policies and/or procedures. This Guidebook should not be used as a resource on Washington State law, code, or administration policy. Please consult the DSHS Web Page or your local library for the current DSHS Administration Policy, RCW and/or WAC.
WSP Rapsheet
The following sample RAP Sheet includes identifying red circles. Clicking on each circle will provide you with additional descriptor information.
WASHINGTON STATE CRIMINAL HISTORY RECORD FOR SID/WA88888882
WASHINGTON STATE PATROL
IDENTIFICATION AND CRIMINAL HISTORY SECTION
P.O. BOX 42633
OLYMPIA, WASHINGTON 98504-2633
*******************************************************************************
NOTICE
THE FOLLOWING TRANSCRIPT OF RECORD IS FURNISHED FOR OFFICIAL USE ONLY.
SECONDARY DISSEMINATION OF THIS CRIMINAL HISTORY RECORD INFORMATION IS
PROHIBITED UNLESS IN COMPLIANCE WITH THE WASHINGTON STATE CRIMINAL RECORDS
PRIVACY ACT, CHAPTER 10.97 RCW.
POSITIVE IDENTIFICATION CAN ONLY BE BASED UPON FINGERPRINT COMPARISON. BECAUSE
ADDITIONS OR DELETIONS MAY BE MADE AT ANY TIME, A NEW COPY SHOULD BE REQUESTED
FOR SUBSEQUENT USE. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED,
COMMUNICATE DIRECTLY WITH THE AGENCY THAT SUPPLIED THE INFORMATION TO THE
WASHINGTON STATE PATROL.
*******************************************************************************
SID NUMBER NAME 
FBI NUMBER DOC NUMBER
A88888882 EXAMPLE,MARY Q 101292
===============================================================================
PERSON INFORMATION
===============================================================================
SEX RACE HEIGHT WEIGHT EYES HAIR PLACE OF BIRTH CITIZENSHIP
F U 500 150 BRO BLK WA US
M A CA IE
W ID MX
NAMES USED DATES OF SOC SEC MISC NUMBER
EXAMPLE,MARY BIRTH NUMBER AF-16859847
EXAMPLE MARY,MARY Q 05/05/1960
DOE,JANET M 01/01/1959
SAMPLE-QUEEN,M 02/05/1962
DAFFEY-DUCK,MARY P
SAMPLE,QUEEN P
BECOME,MARY Q
EXAMPLE,QUEEN
LOONEY,QUEEN T
SAMPLE-QUEEN,MARY
DECEASED
DATE REPORTED: 01/01/1999
REPORTING AGENCY: WA0010000 ADAM'S COUNTY SHERIFF'S OFFICE
DECEASED TYPE: REPORTED
COMMENTS: TRUE NAME UNKNOWN, TWIN
===============================================================================
SCARS, MARKS, TATTOOS, AMPUTATIONS
===============================================================================
LOCATION DESCRIPTION LOCATION DESCRIPTION
MC HEART SC CHEST
TRANSSXL BLND R EYE
DISC LSHLD GOLD TOOTH
MISS R ARM MOLE R ANK
PRCD NIPPL RTAT L LEG
TAT L CHK INSECTS TAT L HIP CARTOON CHARACTERS
TAT BREAST FLOWERS
===============================================================================
CONVICTION AND FAILURE TO APPEAR SUMMARY
===============================================================================
4 FELONY(S) CONVICTION DATE
ASSAULT 3 CLASS C FELONY 09/15/1978
RAPE 1 CLASS A FELONY 01/10/1993
KIDNAPPING 2 CLASS B FELONY 01/10/1993
BURGLARY 2 CLASS B FELONY 04/03/1998
3 GROSS MISDEMEANOR(S)
CRIMINAL TRESPASS 1 09/15/1978
ASSAULT 4 10/12/2001
DRIVING UNDER THE INFLUENCE 10/21/2001
1 MISDEMEANOR(S)
ASSAULT 4 ATTEMPT 01/10/1993
1 CLASSIFICATION(S) UNKNOWN
THEFT 01/09/2002
2 FAILURE TO APPEAR
===============================================================================
SEX/KIDNAPPING OFFENDER REGISTRATION
===============================================================================
EVENTS |
TYPE: SEX/KIDNAPPING OFFENDER REGISTRATION |
NAME USED: EXAMPLE,MARY Q |
DATE: 04/01/1999 |
CONTRIBUTING AGENCY: WA0050000 |
CLALLAM COUNTY SHERIFF'S OFFICE |
|
TYPE: SEX/KIDNAPPING OFFENDER REGISTRATION |
NAME USED: EXAMPLE,MARY Q |
DATE: 06/15/1998 |
CONTRIBUTING AGENCY: WA0010000 |
ADAM'S COUNTY SHERIFF'S OFFICE |
|
TYPE: FAIL TO REGISTER W/ SHERIFF UPON |
RELEASE |
NAME USED: EXAMPLE,MARY Q |
DATE: 05/26/1998 |
CONTRIBUTING AGENCY: WA0010000 |
ADAM'S COUNTY SHERIFF'S OFFICE |
|
===============================================================================
CRIMINAL HISTORY INFORMATION
===============================================================================
THE ARRESTS LISTED MAY HAVE BEEN BASED ON PROBABLE CAUSE AT THE TIME OF ARREST
OR ON A WARRANT. PROBABLE CAUSE ARRESTS MAY OR MAY NOT RESULT IN THE FILING OF
CHARGES. CONTACT THE ARRESTING AGENCY FOR INFORMATION ON THE FORMAL CHARGES
AND/OR DISPOSITIONS.
-------------------------------------------------------------------------------
ARREST 1
DATE OF ARREST: 08/21/1977
------------------------------------------- ------------------------------------
NAME USED: EXAMPLE,MARY Q
CONTRIBUTING AGENCY: WA0340000 THURSTON COUNTY SHERIFF'S OFFICE
LOCAL ID: 321321 PCN: N/A
-------------------------------------------------------------------------------
ARREST OFFENSES | 
DISPOSITION
| CONTRIBUTOR OR RESPONSIBLE AGENCY:
| WA034013A THURSTON COUNTY
| PROSECUTOR'S OFFICE
| COURT CASE NO: 124289
| STATUS DATE: 09/15/1978
| STATUS: GUILTY
| 00402 ASSAULT 3
| 
RCW: 9A.36.030
| 
CLASS C FELONY
| 
COUNTS: 2
| 
STATUS: GUILTY
| 02354 CRIMINAL TRESPASS 1
| RCW: 9A.52.070
| GROSS MISDEMEANOR
| 
SENT. DESC.: CHG 01:
| FINE-100.00, PRISON-18 MOS,
| SUPERVISION 12 MOS **CHG
| 02: FINE-50.00, JAIL-90 DS,
| CONCURRENT, SUPV-INCLUDED,
| 041282 DISM
|
-------------------------------------------------------------------------------
ARREST 2 DATE OF ARREST: 01/02/1992
-------------------------------------------------------------------------------
NAME USED: EXAMPLE,MARY Q
CONTRIBUTING AGENCY: WA0010000 ADAM'S COUNTY SHERIFF'S OFFICE
LOCAL ID: 456789 PCN: 004503821
-------------------------------------------------------------------------------
ARREST OFFENSES | DISPOSITION
| CONTRIBUTOR OR RESPONSIBLE AGENCY:
| WA001025J ADAMS COUNTY SUPERIOR
| COURT
| COURT CASE NO: 9210005241
| STATUS DATE: 01/10/1993
|
| STATUS: GUILTY
| 00712 RAPE 1
| RCW: 9A.44.040(1)
| CLASS A FELONY
|
| STATUS: GUILTY
| 00654 KIDNAPPING 2
| RCW: 9A.40.030
| CLASS B FELONY
|
| STATUS: GUILTY
| 11134 ASSAULT 4
| RCW: 9A.36.041
| ATTEMPT
| MISDEMEANOR
|
| SENT. DESC.: CHG 01:
| FINE-1000.00, PRISON-36
| MOS/SUSPENDED 33 MOS,
| SUPV-5 YRS **CHG 02:
| FINE-INCLUDED, PRISON-24
| MOS, CONSECUTIVE,
| SUPV-INCLUDED **CHG 03:
| INCLUDED
|
| APPEALED DATE: 01/15/1993
| DIVISION III COURT OF APPEALS
|
| CASE NO.: 123123
| JUDGEMENT DATE: 03/10/1993
| JUDGEMENT: AFFIRMED
|
-------------------------------------------------------------------------------
ARREST 3 DATE OF ARREST: 12/30/1997
-------------------------------------------------------------------------------
NAME USED: SAMPLE,QUEEN P
CONTRIBUTING AGENCY: WA0340000 THURSTON COUNTY SHERIFF'S OFFICE
LOCAL ID: B152465 PCN: 007840519
-------------------------------------------------------------------------------
ARREST OFFENSES | DISPOSITION
| CONTRIBUTOR OR RESPONSIBLE AGENCY:
| WA034025J THURSTON COUNTY
| SUPERIOR COURT
| COURT CASE NO: 971001234
| STATUS DATE: 04/03/1998
|
| STATUS: GUILTY
| 02312 BURGLARY 2
| RCW: 9A.52.030
| CLASS B FELONY
|
| SENT. DESC.: CHG 01: PRISON-14
| MOS, SUPV-1 YR, 04/01/2000
| JAIL-10 DS 01/15/2001
| CERTIFICATE OF DISCHARGE,
| 01/14/2002 RESTORATION OF
| RIGHTS TO POSSESS A FIREARM
| 9.41.047
|
-------------------------------------------------------------------------------
ARREST 4 DATE OF ARREST: 09/30/2001
-------------------------------------------------------------------------------
NAME USED: EXAMPLE,MARY Q
CONTRIBUTING AGENCY: WA0340000 THURSTON COUNTY SHERIFF'S OFFICE
LOCAL ID: B123123 PCN: N/A
-------------------------------------------------------------------------------
ARREST OFFENSES | DISPOSITION
| CONTRIBUTOR OR RESPONSIBLE AGENCY:
| WA034013J THURSTON COUNTY
| DISTRICT COURT
| COURT CASE NO: CR222333
| STATUS DATE: 10/21/2001
|
| STATUS: GUILTY
| 07644 DRIVING UNDER THE INFLUENCE
| RCW: 46.61.502
| GROSS MISDEMEANOR
|
-------------------------------------------------------------------------------
ARREST 5 DATE OF ARREST: 11/02/2001
-------------------------------------------------------------------------------
NAME USED: DOE,JANET M
CONTRIBUTING AGENCY: WA0340100 OLYMPIA POLICE DEPARTMENT
LOCAL ID: B55544 PCN: 736757371
-------------------------------------------------------------------------------
ARREST OFFENSES | DISPOSITION
| CONTRIBUTOR OR RESPONSIBLE AGENCY:
| WA034013J THURSTON COUNTY
| DISTRICT COURT
| COURT CASE NO: CR222333
| STATUS DATE: 10/21/2001
| REFER TO 09/30/2001
|
| CONTRIBUTOR OR RESPONSIBLE AGENCY:
| WA034041J YELM MUNICIPAL COURT
| COURT CASE NO: Y002547
| STATUS DATE: 01/09/2002
|
| STATUS: GUILTY
| 02500 THEFT
| RCW: 9A.56.000
| CLASS UNKNOWN
|
| SENT. DESC.: CHG 01:
| FINE-100.00, JAIL/SUSPENDED
| 90 DS
|
-------------------------------------------------------------------------------
ARREST 6 DATE OF ARREST: 12/31/2002
-------------------------------------------------------------------------------
NAME USED: EXAMPLE,MARY Q
CONTRIBUTING AGENCY: WA0340000 THURSTON COUNTY SHERIFF'S OFFICE
LOCAL ID: B123123 PCN: 004503635
-------------------------------------------------------------------------------
ARREST OFFENSES | DISPOSITION
07644 DRIVING UNDER THE INFLUENCE | CONTRIBUTOR OR RESPONSIBLE AGENCY:
RCW: 46.61.502 | WA034011J OLYMPIA MUNICIPAL
GROSS MISDEMEANOR | COURT
ORIGINATING AGENCY: WA0340000 |
THURSTON COUNTY SHERIFF'S OFFICE | STATUS: NOT RECEIVED
DISPO RESPONSIBILITY: WA034011J |
COURT CASE NO: CR222333 | CONTRIBUTOR OR RESPONSIBLE AGENCY:
DATE OF OFFENSE: 09/30/2001 | WA034013J THURSTON COUNTY
| DISTRICT COURT
| COURT CASE NO: CR5467893
| STATUS DATE: 10/12/2001
|
| STATUS: GUILTY
| 01135 ASSAULT 4
| RCW: 9A.36.041
| DOMESTIC VIOLENCE
| GROSS MISDEMEANOR
|
| SENT. DESC.: CHG 01:
| FINE-500.00/SUSPENDED
| 300.00, JAIL-365
| DS/SUSPENDED 360 DS,
| SUPV-24 MOS, 11/05/2001
| JAIL-10 DS
|
===============================================================================
STATE DEPARTMENT OF CORRECTIONS
===============================================================================
-------------------------------------------------------------------------------
CUSTODY STATUS INFORMATION
-------------------------------------------------------------------------------
NAME: EXAMPLE,MARY Q
DATE: 07/26/2000
DOC NUMBER: 101292
CUSTODY STATUS: ESCAPED
TYPE: INMATE
LOCATION: WACKYLAND PE
**VIOLENT OFFENDER** **SEX/KIDNAPPING OFFENDER**
(NON-VERIFIED CUSTODY STATUS INFORMATION-PROVIDED BY DEPARTMENT OF CORRECTIONS)
-------------------------------------------------------------------------------
CUSTODY HISTORY
-------------------------------------------------------------------------------
*COMMITMENT* DATE: 09/22/1977
NAME USED: EXAMPLE,MARY Q DOC NUMBER: 101292
CONTRIBUTING AGENCY: WA027055C PURDY CORRECTIONS CENTER FOR WOMEN
COURT CASE NO: 7710000134 COUNTY/STATE: THURSTON
CHARGE: 00402 ASSAULT 3 CLASS C FELONY
9A.36.030
*COMMITMENT* DATE: 01/15/1993
NAME USED: EXAMPLE,MARY Q DOC NUMBER: 101292
CONTRIBUTING AGENCY: WA023025C WASHINGTON CORRECTIONS CENTER
COURT CASE NO: 9810005241 COUNTY/STATE: ADAMS
CHARGE: 00712 RAPE 1 CLASS A FELONY
9A.44.040(1)
CHARGE: 00654 KIDNAPPING 2 CLASS B FELONY
9A.40.030
*******************************************************************************
GLOSSARY
CONTRIBUTING AGENCY: A LOCAL SHERIFF'S OFFICE, POLICE DEPARTMENT, JAIL OR
CORRECTIONAL FACILITY THAT SUBMITS FINGERPRINT CARDS TO THE
SECTION.
CONTRIBUTOR OR RESPONSIBLE AGENCY: THE AGENCY THAT SUBMITTED THE
INFORMATION OR, PRIOR TO OCTOBER 1999, PRESUMED TO BE THE
DISPOSITION REPORTER.
CONVICTION AND FAILURE TO APPEAR SUMMARY: THE NUMBER AND TYPE OF CONVICTIONS
PERTAINING TO AN INDIVIDUAL. DETAILS OF CONVICTIONS ARE INCLUDED
UNDER CRIMINAL HISTORY INFORMATION. FTA - THE NUMBER OF FAIL TO
APPEAR ARRESTS.
CUSTODY STATUS INFORMATION: CURRENT CUSTODY STATUS INFORMATION PROVIDED ONLINE
BY THE STATE DEPARTMENT OF CORRECTIONS.
DISPOSITION RESPONSIBILITY: AN INDICATION OF THE PROSECUTOR, COURT, OR LAW
ENFORCEMENT AGENCY WHICH MAY BE RESPONSIBLE FOR REPORTING THE
DISPOSITION.
DOC NUMBER: WASHINGTON STATE DEPARTMENT OF CORRECTIONS NUMBER.
LOCAL ID: LOCAL IDENTIFICATION NUMBER USED BY CONTRIBUTING AGENCY.
NOT RECEIVED: DISPOSITION OF ARREST OFFENSES THAT HAVE NOT BEEN SUBMITTED TO
THE WASHINGTON STATE PATROL IDENTIFICATION SECTION.
OIN: OTHER IDENTIFYING NUMBER. A TRACKING NUMBER ASSIGNED BY THE
CONTRIBUTING OR ORIGINATING AGENCY
ORIGINATING AGENCY: THE ORIGINAL LAW ENFORCEMENT AGENCY HANDLING THE CASE,
WHICH MAY BE DIFFERENT FROM THE CONTRIBUTING AGENCY.
PCN: PROCESS CONTROL NUMBER USED BY CRIMINAL JUSTICE AGENCIES TO LINK
ARRESTS TO DISPOSITIONS.
RCW: REVISED CODE OF WASHINGTON; STATUTE REFERRING TO THE CHARGE.
SEARCH PARAMETERS: REFERENCE INFORMATION USED BY SECTION STAFF.
SID NUMBER: UNIQUE STATE IDENTIFICATION SECTION RECORD NUMBER
END OF RAPSHEET
Reading a Conviction Rapsheet
The transcript of record (RAP = Record of Arrests and Prosecutions) reflects the conviction criminal history at state level. The links and numbers on this instruction correspond with the red circled numbers on the sample RAP sheet.
- State Identification (SID) Number.
- Name: Name that appears on the subject's first fingerprint card received by the Section can be referred to as true name or subject of record.
- Federal Bureau of Identification (FBI) number. Does not appear on conviction criminal history.
- Department of Corrections (DOC) number.
- Person Information includes sex, race, height, weight, eye color, hair color, place of birth, citizenship, names used, dates of birth, social security number and miscellaneous number. Data regarding person information is entered using standard National Crime Information Center (NCIC) abbreviations.
- Deceased: Information submitted by an agency that is reported deceased or verified deceased by post mortem prints or dental records.
- Comment field for additional information such as True Name Unknown, Twin, wheelchair.
- Scars Marks, Tattoos, and Amputations using standard NCIC abbreviations.
- Conviction and Failure to Appear Summary divided by crime class types. Felony, Gross Misdemeanor, Misdemeanor and Unknown. Each felony class type is broken down by Felony Classification(s). Class A, B or C. A is being most serious. Literal of each offense and the date of conviction. Failure To Appear (FTA) indicates the number of FTA arrests, since September 1999, on file for the subject.
- Sex/Kidnapping Offender Registration. In 1999 the Sex and Kidnapping Offenders Registration database was rewritten to provide the capability to collect all SOR information in one information system.
Event column: Includes type of event (Sex/Kidnapping Registration, Relieved of Duty or Fail to Register), subject's name at the time of the event, date of registration, contributing agency identifier (agency who submitted the fingerprints), and name used at the time of the event.
- Criminal History Information lists arrests and dispositions in chronological order, oldest arrest being the first.
- Arrest
A. Arrest One.
B. Date of Arrest.
C. Name used at the time of the arrest. (May not be the same as subject of record).
D. Contributing Agency: The contributor of the prints may or may not be the same as the originating case agency.
E. Local ID: agency case number.
- Arrest Offenses: Not shown on conviction criminal history requests.
- Disposition
A. Contributor or Responsible Agency: Usually a court or prosecutor and defaults to the contributor or originating agency if not indicated.
B. Court Case Number.
C. Status Date: Date of the court decision or sentencing.
D. Status: charge 1 guilty.
E. Crime code and charge.
F. RCW.
G. Crime Classification.
H. Counts: will only state if more than one count.
I. Status: Charge 2
J. Sentence Description: fines, jail or prison time and supervision.
- Arrest number two: PCN (Process Control Number): a number assigned at the time of arrest and followed through to adjudication and shows an example of how consecutive sentencing and appeal information appears on a RAP sheet.
- Arrest number three: Shows an example court order updates to a court case such as Certificate of Discharge and Restoration of Right to Possess a Firearm.
- Arrest number four: Shows an arrest without any sentencing information.
- Arrest number five: Shows an example of Unknown Class offense. A degree is needed for crimes against persons offenses. This example of a REFER TO by being linked to a previous court case.
- Arrest number six: Shows an example of arrest information that is less then a year old without disposition. Status in this case will show as NOT RECEIVED and in sentence description field, additional jail time is received on 11/05/2001.
- State Department of Corrections Custody Status Information: an ongoing interface with the state Department of Corrections Offender-Based Tracking system (OBTS). Any questions should be directed to the Department of Corrections.
- Custody History:
Date: Date of commitment or supervision.
Name Used: Subject's name at the time of the fingerprinting.
DOC Number: Number that is assigned by DOC.
Contributing Agency: Correctional/Prison agency who's contributing the fingerprint card.
Court Case Number: Case number that was assigned by the court.
County/State: In which the crime was sentenced.
Charge: RCW based 5-digit crime code, literal of offense and RCW.
- GLOSSARY indicates the definitions of some of the terms used in a criminal history record.
Request for Thumbprint
Why is a thumbprint required to complete some background checks?
If BCCU identifies two people who have similar names or dates of birth, a thumbprint is required to determine which person has the record.
- Thumbprints are required by state law to prevent conviction records from being released in error;
- Identity problems occur when someone else “steals” another’s identification;
- A thumbprint can positively identify an individual.
Is it possible to roll a thumbprint at the requesting entity?
Yes if:
- Staff are trained by the WSP and
- Special fingerprint ink is used.
How long does it take the WSP to return the result of a thumbprint?
The WSP must physically compare the thumbprints provided on the form with those on the arrest record. BCCU has an arrangement with the State Patrol to process thumbprints within 5 days of receipt of the BCCU request.
Once a thumbprint is requested, can a background check be completed without it?
NO. If a thumbprint is requested for any individual that has submitted an authorization form, the background check is not complete until the thumbprint result is sent from the WSP to BCCU.
Is a thumbprint required if the applicant has prints on file at another agency?
YES. There is no relationship between having fingerprints taken for other reasons, such as college certification or an FBI check.
WSP PROCEDURE FOR THUMBPRINT IDENTIFICATION
- WSP Identification and Criminal History Section is the central repository for criminal history records.
- Information is reported to the WSP by local criminal justice agencies.
- Each person in the WSP database is given a state identification (SID) number.
- Information involving each person is filed under his or her assigned SID number.
- If BCCU identifies two people who have similar names or dates of birth, a thumbprint is required to determine which person has the potential record in the WSP database.
- WSP will compare the thumbprint submitted by the facility with the fingerprints on record at the WSP.
- WSP will either attach the “rap” sheet if the thumbprint reveals that the person does have a record, or
- WSP will stamp the form indicating that no record exists for the applicant.
- The WSP will return their finding to the BCCU.
- BCCU will record the results and mail them to the entity.
The above procedure was developed to provide the WSP with the thumbprint at no cost to the entity. This procedure is part of the BCCU background check and not a separate process. The results are not returned until the entire process is completed.
Washington State Patrol
What is the Washington State Patrol (WSP) official responsibility for criminal records?
The WSP Identification and Criminal History Section is the Washington state repository for statewide criminal history record information (CHRI). CHRI includes all "reported" arrests, charges, convictions, and Department of Corrections information. State law requires individuals arrested and taken into custody for felony or gross misdemeanor offenses be fingerprinted and those fingerprints submitted to the WSP.
How does CHRI get reported to the WSP?
The paperwork in an arrest consists of two parts: (1) arrest fingerprints and a disposition. When a person is arrested, the following occurs:
- The arrest with associated demographic information and fingerprint images is sent electronically or mailed to the WSP in Olympia.
- When the court or prosecutor disposes the case, the disposition is provided to the WSP and added to the individual's criminal history record.
How does the WSP assure that the correct information is matched to the correct person? When the WSP receives the arrest fingerprints, the following action is taken:
Fingerprints are searched and/or compared using an automated fingerprint identification system (AFIS) to determine if there is an existing record and State Identification Number (SID) for that individual.
- If there is an SID assigned to that individual, then the new CHRI is added to that record.
- If there is not an existing SID for those fingerprints, a new SID number is assigned and then the arrest is entered in the WSP database.
What is the difference between WSP conviction and non-conviction CHRI?
State law allows conviction CHRI to be disseminated without restriction. Only designated criminal justice agencies can receive non-conviction CHRI. The law protects an individual's right to privacy for cases over one year old without disposition.
(There is no statutory definition for "criminal records" and it is not a term specifically used in reference to criminal history record information.)
Why have some people been convicted but have no record at the WSP?
The disposition may not have been submitted to the WSP.
- Fingerprints may have been rejected and the individual is out of custody and not available to be reprinted;
- Fingerprints may not have been taken for the specific crime or court action;
- The dispositions may have been submitted to WSP but have not yet been entered into the WSP database; or
- The conviction may be an out-of-state or federal case and not part of the WSP records.
What should be done if an identified disqualifying conviction is not recorded on a WSP rap sheet?
If there are court documents, please do the following:
- Provide a copy of the court document to WSP or request that the court of jurisdiction provide copies to the WSP;
- The WSP will update the CHRI by adding the conviction;
- Submit a new authorization form to BCCU after the WSP makes the correction; and
- DSHS/BCCU will issue a new result to the requester.
If there are no court documents, please do the following:
- Call DSHS/BCCU with the persons name, date of birth, and approximate date and county in which convicted.
- DSHS/BCCU will conduct a court search to determine if a record exists.
- BCCU will update the tracking system and issue a new result if necessary.
Does the WSP have information on civil proceedings involving abuse and neglect?
A civil court finding is added to an individual's criminal history record only when fingerprints are submitted to the WSP. In many cases, fingerprints are not taken and submitted to the WSP for entry into the criminal history database.
Does the WSP have information on Federal Court convictions?
NO. The Federal Court system does not send reports of convictions to the WSP. Federal convictions can include crimes such as interstate kidnapping, weapons, drug and pornography distribution, and many other crimes that may be relevant to working with vulnerable people. To obtain information on a federal conviction, a request must be made directly to the appropriate federal court. BCCU should be informed if a federal conviction is identified. Court documents should be faxed to the attention of: Customer Service Supervisor, with a note of explanation.
Will the WSP assist entities in interpretation of results?
YES, the WSP will be able to provide information relating to the CHRI. For example:
- WSP can provide assistance in understanding what the CHRI indicates.
- The WSP cannot provide assistance in what action is required by DSHS or if a specific crime is disqualifying.
What steps should be taken when an applicant asserts the CHRI does not belong to him/her?
Ask the applicant to contact BCCU.
BCCU will issue a thumbprint package
with instructions to the initial requester. The applicant must submit a thumbprint
using the special BCCU/WSP form.
The thumbprint will be compared to the prints on file at the WSP.
After the prints are compared, the WSP will:
- Change the record if the person is not the subject of the record; and
- Notify the employer and BCCU at the request of the individual.
This process is completed quickly by the WSP. BCCU will assist in any way necessary.
Who should contact the WSP to confirm the identity of the applicant?
This is the responsibility of the individual with the record response in question. BCCU and the requester must act on the original information provided by the WSP. The requester can submit a new authorization form to BCCU after the WSP has made the identification. BCCU will rerun the background check.
What if the employee brings court documents, which show that there was no conviction?
Entities do not have the legal authority under law to interpret or accept documentation from the court. The employee should take the documents to the WSP for review and action. BCCU staff will assist an entity if there are problems with this process. BCCU should be informed that the record was updated by the WSP and the requester should submit a new authorization form to BCCU.
What if the employee's lawyer, a corrections official, prosecutor, or public defender calls and says the conviction does not apply?
An entity must act on the information provided by the WSP. Refer the caller to the WSP or to BCCU for discussion about the specific case and how to proceed.
What if an individual has had their identification used/stolen by someone else?
A resident of this state may request that his or her fingerprint impressions be recorded and submitted to the WSP Identification and Criminal History Section for "personal identification". The voluntary submission may be used for identification in the case of someone else using his/her name. The individual with this problem may be required to submit a thumbprint each time they submit a background check request to ensure positive identification.