Washington State Patrol Identification and Criminal History Section December 30 2015 Record ReviewChallenge The Subject of record subject is the only person who may request their Washington state nonconviction criminal history record information CHRI ID: 723367
Download Presentation The PPT/PDF document "Record Review and Challenge" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Record Review and Challenge
Washington State Patrol
Identification and Criminal History Section
December 30, 2015Slide2
Record Review/Challenge
The Subject of record (subject) is the only person who may request their Washington state non-conviction criminal history record information (CHRI).
The subject must appear in person during normal business hours at a local law enforcement agency or the Olympia WSP office located at 3000 Pacific Ave.
The subject must provide government issued photo identification.
Examples of government issued photo identification
Valid Washington State Drivers License or Identification Card.
Military identification
U.S. Passport, etc.Slide3
Record Review
A person may inspect his or her CHRI pursuant to Revised Code of Washington RCW 10.97.080.
Criminal history consists of criminal arrests, court dispositions, open arrests (arrests without a disposition), Sex/Kidnapping Offender Registrations, Criminal Justice Applicants, Personal Identification, and Department of Corrections incarcerations and supervisions.
Criminal history does not include: investigation, intelligence, or other files not construed as CHRI.Slide4
Record Review Cont.
The subject has two options to review his/her non-conviction CHRI.
Option 1 purchasing the RAPsheet.
Option 2 reviewing the RAPsheet.
Both options allow the subject to challenge or request a modification to their CHRI.Slide5
Record Review Cont.
Option 1 – Fee
Request a record review/challenge through the local law enforcement agency (LEA), jail, or prison facility by submitting a completed record review/challenge fingerprint card.
The LEA may charge a fee for their fingerprinting services.
Mail the fingerprint card and the fee payable to the Washington State Patrol, contact the Section for fee information:
Washington State Patrol
Identification and Criminal History Section
PO Box 42633
Olympia WA 98504-2633Slide6
Record Review Cont.
The subject may come to the Section and request a record review/challenge at:
Washington State Patrol
Identification and Criminal History Section
3000 Pacific Ave SE, Suite 202
Olympia WA 98504-2633
The result is provided to the subject either at the LEA or at the Section.
The subject has 30 minutes to review their record and may not electronically or mechanically reproduce it.
If a person opts to purchase the RAPsheet, they may retain the RAPsheet.Slide7
Record Review Cont.
Option 2 – no fee
Request a record review/challenge through the local law enforcement agency, jail or prison facility by submitting a completed record review/challenge fingerprint card to the Section.
The LEA staff will provide a copy of the non-conviction RAPsheet to the subject for review.
The subject has 30 minutes to review their CHRI. At the end of the 30 minutes the CHRI must be returned to the LEA, jail, or prison staff.Slide8
Challenge/Modification
A subject may challenge the accuracy or completeness of the CHRI.
The subject may also request the inaccurate or incomplete information be:
Purged.
Modified.
Supplemented.
The request must done in writing, clearly identifying the inaccurate or incomplete information.
Criminal Justice Agencies must provide an appropriate challenge form, available from the Section.Slide9
Challenge/Modification
When the Section receives a challenge they must:
Notify the submitting agency of the challenge.
The Section must wait until the submitting agency:
Submits a correction or modification.
Returns a notification of refusal.
The Section will make the appropriate correction or modification to the subject’s CHRI.
Individuals or agencies who requested the subject’s CHRI are notified of the correction or modification.Slide10
Challenge/Modification Cont.
If the Section refuses to act the subject may appeal the decision to the:
Superior court in their county of residence.
The county from which the disputed record came from.
Thurston County.
The court shall in such case conduct a DE novo (trying a matter anew) hearing, and may order such relief as it finds just and equitable.
If the subject comes to the Section to challenge their CHRI, they must complete a “Request for Modification of Record” form, supplied by the Section.Slide11
1. Name: Last, First, Middle
2. Other names used, dates of birth, etc.
3. Agency ORI and Name
4. 12/31/1998aa
5. M U 601 180 BLU BLK
6. WA
RECORD REVIEW/CHALLENGE
Date and official’s name or number
Non-
mandatory
fields.Slide12
Record/Review Challenge Cont.
Complete the Fingerprint Card
Mandatory information:
Subject’s, last, first, and middle name.
Enter Alias names, dates births, etc.
ORI-agency rolling the fingerprints.
Date of Birth.
Physical descriptors.
Place of birth.
Optional information:
Citizenship
Originating Agency (OCA)
FBI number
Armed Forces number
Social Security number.
Miscellaneous number – other forms of government issued photo identification (U.S. Passport, military numbers, etc.)
Roll the fingerprints