by Steve Graham

Created on: May 05, 2009

Many people do not know how to run a Washington State criminal history background check on an individual. A person may wish to do this to see what information is available about their background. Other people might be interested in doing this to screen a potential employee.

Step 1. Go Online to the WATCH site.

"WATCH" stands for Washington Access To Criminal History. WATCH is maintained by the Washington State Patrol at https://watch.wsp.wa.gov/. To begin to do a criminal history check on someone, you will need to open an account with WATCH using a credit card at https://watch.wsp.wa.gov/pages/newWebUser.jsp. The charge is ten dollars for each search even if no record is turned up. You will need the full legal name and the date of birth. WATCH only makes criminal conviction records available to the general public. If a criminal charge against someone was dismissed, or if the charge was later vacated, the record will no longer be available to the general public. For example, if a person was charged with DUI or DWI, and they were acquitted, there will not be any record. The same is true with a pending deferred prosecution.

Step 2. Check at the county clerk's office of the counties where the individual has resided.

For further criminal history records, a person may visit the County Clerk to view public court files. Many people are surprised to learn that criminal court files are public records. Felony court files are maintained forever. Misdemeanor records, such a DUI or DWI, are only kept for five years after the case is closed. Misdemeanor records are maintained by District Courts, and felony records are maintained by the Superior Court Clerk. Even many old juvenile court records are open for public inspection. To view the file, simply ask the clerk that you want to look at any public court file on a person with a certain name. You do not need to be an attorney or lawyer to see a court file. Certain records such as alcohol assessments in DUI cases are sealed. The same is true with mental health evaluations on felony files. Charges for copies vary, but the cost is typically two dollars for the first page, and a dollar for each additional page.

Step 3. Mail a public records request to the local police department or sheriff's office.

Once the police conclude an investigation, the investigation reports becomes public records. Sometimes, the police will withhold records until a court case is finished. Address your letter to the "Records Department." In your letter, explain that you are requesting the records "pursuant to law RCW 42.17 & 42.56." Be specific about the records you are requesting. A request might be "for all records in which John A. Doe (date of birth 1/1/81) was a witness, complainant, or suspect from 1985 to today's date." Police departments can charge up to 15 cents per page, and you may need to pay in advance. Police departments are not allowed to charge for time involved in searching for the records. Reports are available to the public even for incidents in which there were no convictions or even charges. For example, if a person was arrested for marijuana possession, but the warrant was thrown out of court. The reports on that marijuana possession would still be public record even decades later. Reports for juveniles are usually not public records, and the names of juveniles are often redacted.

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