Search Washington Arrest Records Online

What is Considered an Arrest in Washington?
Are Arrest Records Public in Washington?
What are the Types of Arrest Records in Washington?
How Long Do Arrests Stay on the Record in Washington?
How To Seal or Expunge an Arrest Record in Washington?

What is Considered an Arrest in Washington?

There is no singular definition of what constitutes an arrest in Washington. Nonetheless, arrests generally refer to the seizure and forcible restraint of a person by a law enforcement officer, typically accompanied by handcuffs, drawn guns, or words to the effect that the person is under arrest. Likewise, an arrest may also be said to occur when a person voluntarily submits to an officer's authority, such that their freedom of movement is subsequently restricted. Several actions may lead to an arrest in Washington, such as:

Violating a court order
Driving under the influence (of alcohol or drugs)
Reckless driving
Theft, trespassing, assault, and other criminal activities
Being found with illegal substances or prohibited weapons during a lawful stop
Failing to attend a scheduled court appearance
Public intoxication
Disorderly conduct
Driving under the influence of alcohol and/or drugs
Reckless driving

The procedures and requirements for making a lawful arrest in Washington are primarily outlined in Chapter 10.31 of the Revised Code of Washington (RCW). Additional state and federal laws, such as Chapter 10.79 RCW and the Fourth and Fifth Amendments to the U.S. Constitution, also expand on these requirements. These laws collectively lay out certain critical elements of an arrest in Washington, which typically include:

Custody and Control: custody in Washington refers to the act of detaining a person by lawful process or authority to ensure their appearance at a court hearing. Once an individual is arrested in Washington, they are taken into custody and placed under the supervision and control of law enforcement officers.
Legal Authority: law enforcement officers in Washington are legally empowered to make arrests with or without a warrant. Warrantless arrests, however, can only be made when there is probable cause to believe that the individual has committed a crime. RCW 10.31.100 outlines the situations in which an officer can arrest someone without a warrant, including when the officer witnesses a misdemeanor or has reason to believe a felony has been committed. Warrantless arrests may also be made in situations involving the violation of domestic violence, sexual assault, stalking, or vulnerable adult protection orders.
Miranda Rights: when a person is arrested in Washington, they must be read their Miranda rights before being interrogated or getting their statement taken. These rights (or Miranda warnings as they are sometimes called) were generally established by the Supreme Court ruling on the 1966 landmark Miranda v. Arizona case, and they inform the arrestee that:
- They have the right to remain silent, and anything they say or sign can be used against them in a court of law
- They have the right to an attorney of their choosing, who may be present before and during any interrogation or statement taking (and signing). The arrestee must also be informed that an attorney will be appointed for them (at no cost) if they cannot afford one of their choosing.
Use of Force and Transport: per Chapter 10.120 RCW, officers are generally permitted to use force when making an arrest or to prevent an arrestee from escaping. However, the officers must also implement a reasonable care standard when doing so, which often involves utilizing the least possible amount of force necessary to overcome any resistance (from the arrestee) and safely restrain them. Once restrained, the arrestee is typically transported to a police station for processing.
Booking: once an individual who has been arrested arrives at the police station (or other authorized detention facility), they are booked. The booking process generally includes recording the individual's personal information, taking fingerprints and photographs, and listing the charges being levied against them.

It is important to differentiate between arrests and detentions when dealing with law enforcement officers in Washington. An arrest generally occurs when a person is taken into custody based on probable cause that they have committed a crime. Detention, on the other hand, is a temporary stop where law enforcement officers question an individual based on reasonable suspicion that the person may have committed a crime. A detention does not necessarily mean that the person is under arrest; however, they may still end up being arrested if the officer develops probable cause for an arrest during the detention. Note that individuals who are stopped or detained by law enforcement generally have the right to decline to answer any questions, especially if the officer suggests that they are under investigation.

What is Unlawful Arrest in Washington?

Unlawful arrests in Washington generally refer to situations where how a person is arrested violates the legal procedures and requirements outlined in Chapter 10.31 RCW, as well as other applicable laws and standards. Some common factors behind unlawful arrests in Washington typically include:

Lack of Probable Cause: law enforcement must have probable cause before making an arrest in Washington. This means that there must be sufficient evidence or reasonable grounds to believe that the individual has committed or is about to commit a crime; any arrest made without probable cause is considered unlawful.
Violation of Constitutional Rights: any arrest that infringes on a person's constitutional rights is generally deemed unlawful. This typically includes arrests involving unreasonable searches and seizures, which violate both state and federal laws (specifically Chapter 10.79 RCW and the Fourth Amendment), as well as arrests made through racial profiling or discrimination, both of which violate the Equal Protection Clause of the U.S. Constitution.
Arrest Without a Warrant: under RCW 10.31.100, warrantless arrests may be made in Washington under specific conditions, such as when a gross misdemeanor is committed in the arresting officer's presence or when there is probable cause to believe a felony has been committed. Any arrests made without a warrant outside the parameters of this law may be deemed unlawful.
Procedural Violations: as is the case with warrantless arrests, law enforcement officers in Washington are generally required to follow certain procedures when making an arrest. For example, they must read the individual their Miranda rights before questioning them or taking their statement and must also provide them with access to legal counsel when requested. Failing to comply with these procedures may result in an unlawful arrest claim.
Mistaken Identity: unlawful/wrong arrests may occur when law enforcement mistakenly identifies an individual as a suspect due to errors in recordkeeping, witness misidentification, or negligence during the investigation. Mistaken identity is a common cause of unlawful arrests in Washington, as in many other states.
Arrest Outside Jurisdiction: law enforcement officers in Washington typically operate within specified localities, and any law enforcement-related actions they take outside these jurisdictions may be deemed unlawful. However, RCW 10.93.070 outlines certain exemptions when law enforcement may act outside their primary areas of jurisdiction, such as cases where the officer is in "fresh pursuit" of a suspect who has fled across jurisdictional lines. Per RCW 10.89.010, out-of-state law enforcement officers are also legally authorized to pursue and arrest suspects believed to have committed a felony or DWI/DUI-related traffic offense in their state if they cross into Washington.

Unlawful arrests may have legal consequences for everyone involved. One potential outcome is the dismissal of any charges filed as a result of the arrest (as the arrest itself may be deemed unconstitutional or procedurally invalid). In situations where the charges aren"t dismissed, any evidence obtained during or after an unlawful arrest may be excluded from court proceedings (per the "fruit of the poisonous tree" doctrine).

Victims of an unlawful arrest in Washington may also pursue civil action under Title 42, Section 1983 of the U.S. Code and seek compensation for violations of their civil rights, emotional distress, and other damages (caused by unlawful arrest). Additionally, law enforcement officers involved in such arrests may face disciplinary action and even get hit with an unlawful imprisonment charge (RCW 9A.40.040), particularly if it is determined that the unlawful arrest was carried out with malicious intent.

Are Arrest Records Public in Washington?

Arrest records are considered public records in Washington and are generally accessible to interested parties per the provisions of the state's Public Records Act and Criminal Records Privacy Act. These records generally include information like:

The arrestee's name and date of birth
The date, time, and location of the arrest
Details of the alleged offense(s)
The name of the arresting officer and their law enforcement agency
A case/citation number

Be aware that even though Washington arrest records are generally public, certain records are statutorily exempt from disclosure or copying. For example, juvenile arrest records are deemed confidential and cannot be viewed by the general public. Likewise, records of arrests that did not lead to a conviction may be viewed by the public, but they cannot be obtained or copied. Additionally, any information that could compromise an ongoing investigation or reveal the identity of crime victims or witnesses may be exempt from public disclosure. Also, while mugshots are generally considered public records, accessibility to these images may vary by location.

What are the Types of Arrest Records in Washington?

In Washington, arrest records are generated by local and state-level law enforcement agencies, primarily police departments, county sheriff's offices, and the Washington State Patrol. Local agencies generally only maintain records of arrests and incidents that occur within their respective jurisdictions and provide access to them (upon request). Likewise, the Washington State Patrol is generally the state's official background repository for criminal history information and provides access to statewide criminal history records, which include details of arrests, detentions, charges, and court outcomes.

Where are Arrest Records Kept in Washington?

Arrest records in Washington are stored by several government agencies at both the local and state level. These may include:

City Police Departments and County Sheriff's Offices: local law enforcement agencies create records of arrests within their respective jurisdictions that contain details typically like the arrestee's name and age, information about the incident that led to the arrest, and information on the arresting officer. Interested parties may request access to these records through the appropriate local agency.
Washington State Patrol (WSP): the WSP serves as the state's central repository for criminal history information; to this end, it generally maintains comprehensive records detailing a person's arrest history, charges, and legal outcomes collated from local law enforcement agencies and courts.
Washington Courts: city and county courts in Washington create and maintain criminal history records related to court proceedings. These records typically include information on the arrest that led to charges being filed and the case's outcome.
Federal Agencies: The FBI (and other similar federal criminal justice agencies) maintains a database of arrest-related information on federal crimes or cases that involve national security. In cases where an individual was arrested for a federal crime in Washington, these agencies may prove an invaluable source for accessing relevant records.
State and Federal Correctional Facilities: the Washington State Department of Corrections (DOC), as well as the Federal Bureau of Prisons (BOP), generally maintain records of individuals arrested and subsequently incarcerated (in Washington). These records typically include information such as the inmate's name, the charges for which they were convicted, their sentence, location, and projected release date.

How To Find Public Arrest Records in Washington?

There are several ways to access and obtain copies of public arrest records in Washington, both online and offline. Available options include:

Contacting the Appropriate Law Enforcement Agency: interested parties may access arrest records in Washington through city police departments and county sheriff's offices. Some law enforcement agencies generally provide online access to recent arrest logs and incident reports, while others may require requesters to submit a written request for the needed records in person or via mail. Be aware that each agency only maintains records of arrests made within its jurisdiction. It is typically advisable to contact the specific agency beforehand to understand their procedure for requesting records.
Requesting a Criminal History Report from the Washington State Patrol (WSP): the WSP allows interested parties to perform background checks online through its WATCH (Washington Access to Criminal History) platform. Search results typically include conviction information and details on arrests under one year old that are still pending disposition. Criminal history records may also be accessed via the WSP by submitting a Request for Conviction Criminal History Form to the department in person or via mail. Online requests cost $11, while in-person and mail-in requests cost $32. Be aware that non-conviction records older than one year cannot be obtained by the general public.
Contacting the Court System: Washington courts generally maintain online platforms that may be used to conduct name and attorney-based searches for records of arrests that lead to a criminal court case. Copies of these criminal court records may also be accessed in person at the relevant court where the case was heard.
Utilizing Third-Party Websites: third-party websites like RecordsFinder generally provide online access to public records in Washington and allow users to search for available arrest-related information using name or location-based parameters. These platforms typically aggregate data from official sources; however, they are usually not government-affiliated, and the availability of information may vary between websites.

How Long Do Arrests Stay on the Record in Washington?

In Washington, arrests typically remain on a person's record indefinitely unless action is taken to seal or delete the record. For instance, per RCW 10.97.060, criminal history records that contain only non-conviction data (information on arrests that did not lead to a conviction in court) may be deleted two years after the favorable disposition or three years after the arrest. Note that this deletion is not done automatically and must be requested by the person named on the record. Likewise, juvenile records consisting of diversion agreements or counsel and release agreements are usually automatically destroyed after 90 days once the person named on the record turns 18, provided no restitution is owed in the case.

How To Seal or Expunge an Arrest Record in Washington?

Criminal records in Washington are broadly grouped into two categories: court records (held by the courts) and criminal history records (held by law enforcement agencies). Under Washington law, these records may be sealed, vacated, or deleted/destroyed. Sealing a record hides it from public view, making it only accessible to specific authorized parties. Vacating a conviction nullifies/sets it aside, making it like it never happened. This term is sometimes used interchangeably with expungement, which refers to the process of deleting/destroying a record; however, vacating a conviction does not permanently destroy it, and it is usually still accessible to the public.

Vacating Convictions: convictions for certain misdemeanors, gross misdemeanors, and felonies may be vacated by filing a petition to the court that handled the case, provided the individual meets certain conditions. These typically include completing all the terms of their sentence, completing a mandatory waiting period (usually three years for misdemeanors and up to 10 years for felonies), and having no new criminal charges filed during the waiting period. Be aware that convictions for violent felonies, DUI-related offenses, domestic violence-related offenses, and sex crimes typically cannot be vacated.
Deleting/Destroying Records: record expungement in Washington is generally limited to juvenile records. However, adult criminal history records that meet the following criteria may be deleted:
- The record only includes non-conviction information, such as cases that were dismissed or resulted in not-guilty verdicts
- At least two years have passed since the record became non-conviction data due to a favorable disposition, or three years have passed since the date of arrest or citation without a resulting conviction
- The disposition was not a deferred prosecution or similar diversion program
- The person has no prior convictions for a felony or gross misdemeanor
- The person has not been arrested or charged with another crime during the intervening period.
Sealing Records: criminal court records for cases resulting in convictions or other adverse dispositions typically cannot be destroyed (exemptions are made for certain juvenile records). However, these records may be sealed or redacted upon a petition to the court if the conviction has been vacated or if the court decides that sealing the record (or redacting certain information) is essential to protect the individual's safety or privacy.