Revised Code of Washington
Wash. Rev. Code § 10.97.030 (2026)
Definitions
✓ current as of May 2026
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For purposes of this chapter, the definitions of terms in this section shall apply.
(1) "The administration of criminal justice" means performance of any of the following activities: Detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The term also includes criminal identification activities and the collection, storage, dissemination of criminal history record information, and the compensation of victims of crime.
(2) "Conviction or other disposition adverse to the subject" means any disposition of charges other than: (a) A decision not to prosecute; (b) a dismissal; or (c) acquittal; with the following exceptions, which shall be considered dispositions adverse to the subject: An acquittal due to a finding of not guilty by reason of insanity and a dismissal by reason of incompetency, pursuant to chapter 10.77 RCW; and a dismissal entered after a period of probation, suspension, or deferral of sentence.
(3) "Conviction record" means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the subject.
(4) "Criminal history record information" means information contained in records collected by criminal justice agencies, other than courts, on individuals, consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, including acquittals by reason of insanity, dismissals based on lack of competency, sentences, correctional supervision, and release.
The term includes any issued certificates of restoration of opportunities and any information contained in records maintained by or obtained from criminal justice agencies, other than courts, which records provide individual identification of a person together with any portion of the individual's record of involvement in the criminal justice system as an alleged or convicted offender, except:
(a) Posters, announcements, or lists for identifying or apprehending fugitives or wanted persons;
(b) Original records of entry maintained by criminal justice agencies to the extent that such records are compiled and maintained chronologically and are accessible only on a chronological basis;
(c) Court indices and records of public judicial proceedings, court decisions, and opinions, and information disclosed during public judicial proceedings;
(d) Records of traffic violations which are not punishable by a maximum term of imprisonment of more than ninety days;
(e) Records of any traffic offenses as maintained by the department of licensing for the purpose of regulating the issuance, suspension, revocation, or renewal of drivers' or other operators' licenses and pursuant to RCW 46.52.130;
(f) Records of any aviation violations or offenses as maintained by the department of transportation for the purpose of regulating pilots or other aviation operators, and pursuant to RCW 47.68.330;
(g) Announcements of executive clemency;
(h) Intelligence, analytical, or investigative reports and files.
(5) "Criminal justice agency" means: (a) A court; or (b) a government agency which performs the administration of criminal justice pursuant to a statute or executive order and which allocates a substantial part of its annual budget to the administration of criminal justice.
(6) "Disposition" means the formal conclusion of a criminal proceeding at whatever stage it occurs in the criminal justice system.
(7) "Dissemination" means disclosing criminal history record information or disclosing the absence of criminal history record information to any person or agency outside the agency possessing the information, subject to the following exceptions:
(a) When criminal justice agencies jointly participate in the maintenance of a single recordkeeping department as an alternative to maintaining separate records, the furnishing of information by that department to personnel of any participating agency is not a dissemination;
(b) The furnishing of information by any criminal justice agency to another for the purpose of processing a matter through the criminal justice system, such as a police department providing information to a prosecutor for use in preparing a charge, is not a dissemination;
(c) The reporting of an event to a recordkeeping agency for the purpose of maintaining the record is not a dissemination.
(8) "Nonconviction data" consists of all criminal history record information relating to an incident which has not led to a conviction or other disposition adverse to the subject, and for which proceedings are no longer actively pending. There shall be a rebuttable presumption that proceedings are no longer actively pending if more than one year has elapsed since arrest, citation, charge, or service of warrant and no disposition has been entered.
[ 2016 c 81 s 4; 2012 c 125 s 1; 1999 c 49 s 1; 1998 c 297 s 49; 1990 c 3 s 128; 1979 ex.s. c 36 s 1; 1979 c 158 s 5; 1977 ex.s. c 314 s 3.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Finding—Conflict with federal requirements—2016 c 81: See notes following RCW 9.97.010.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Notes of Decisions
Cited in 28
cases (7 in the last 5 years), 1990–2025 · leading case: Bini v. City of Vancouver, 218 F. Supp. 3d 1196 (W.D. Wash. 2016).
Bini v. City of Vancouver, 218 F. Supp. 3d 1196 (W.D. Wash. 2016). “Defendants indicate that Bainbridge Island Police Guild was decided prior to the 2012 amendment of RCW 10.97.030, which now expressly excludes “intelligence, ana *1205 lytical, or investigative reports and files” from the definition of “criminal history record information.”
State v. Breazeale, 144 Wash. 2d 829 (Wash. 2001). “” RCW 10.97.030(3) provides: “ ‘[c]onviction record’ means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the subject.”
State v. Breazeale, 31 P.3d 1155 (Wash. 2001). “" RCW 10.97.030(3) provides: "`[c]onviction record' means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the subject.”
State v. Ward, 870 P.2d 295 (Wash. 1994). “See RCW 10.97.030(1), (3). Thus, only if this information has changed since sentencing could registration require an offender to divulge information which is not already in the hands of the authorities.”
Doe P v. Thurston Cnty., 199 Wash. App. 280 (Wash. Ct. App. 2017). “RCW 10.97.030(3), .050(1). Underlying Zink’s argument is her contention that the evaluations contain “[c]riminal history record information” and thus are subject to disclosure in their entirety.”
Bainbridge Police Guild v. City of Puyallup, 259 P.3d 190 (Wash. 2011). “The term includes information contained in records maintained by or obtained from criminal justice agencies, other than courts, which records provide individual identification of a person together with any portion of the individual's record of involvement in the criminal justice…”
Bainbridge Island Police Guild v. City of Puyallup, 172 Wash. 2d 398 (Wash. 2011). “RCW 10.97.030(1). The PCIR did not arise from an arrest, detention, indictment, or other formal criminal charge and would not include any “descriptions and notations” of those events.”
State v. Breazeale, 994 P.2d 254 (Wash. Ct. App. 2000). “We conclude that both statutes authorize sealing of criminal records and narrowly limit their future use, notwithstanding an arguably contrary provision of the Washington State Criminal Records Privacy Act, RCW 10.97.030. We therefore reverse the ruling of the trial court that…”
State v. Gilkinson, 790 P.2d 1247 (Wash. Ct. App. 1990). “Nonconviction data is defined in RCW 10.97.030(2) as: ... all criminal history record information relating to an incident which has not led to a conviction or other disposition adverse to the subject, and for which proceedings are no longer actively pending.”
State v. Young, 216 P.3d 449 (Wash. Ct. App. 2009). “RCW 10.97.030(1) (emphasis added). ¶ 6 Young moved the trial, court to destroy court records of the 2005 charge.”
State v. Young, 152 Wash. App. 186 (Wash. Ct. App. 2009). “RCW 10.97.030(1) (emphasis added). ¶6 Young moved the trial court to destroy court records of the 2005 charge.”
Sargent v. Seattle Police Dept., 314 P.3d 1093 (Wash. 2013). “” RCW 10.97.030(2). The CRPA by its terms clearly prohibits reproduction of any nonconviction data unless the subject of the record is requesting a copy in order to contest the accuracy or completeness of the documents.”
— Wash. Rev. Code § 10.97.030(1) — 6 cases
State v. Ward, 870 P.2d 295 (Wash. 1994). “See RCW 10.97.030(1), (3). Thus, only if this information has changed since sentencing could registration require an offender to divulge information which is not already in the hands of the authorities.”
Bainbridge Police Guild v. City of Puyallup, 259 P.3d 190 (Wash. 2011). “The term includes information contained in records maintained by or obtained from criminal justice agencies, other than courts, which records provide individual identification of a person together with any portion of the individual's record of involvement in the criminal justice…”
Bainbridge Island Police Guild v. City of Puyallup, 172 Wash. 2d 398 (Wash. 2011). “RCW 10.97.030(1). The PCIR did not arise from an arrest, detention, indictment, or other formal criminal charge and would not include any “descriptions and notations” of those events.”
State v. Young, 216 P.3d 449 (Wash. Ct. App. 2009). “RCW 10.97.030(1) (emphasis added). ¶ 6 Young moved the trial, court to destroy court records of the 2005 charge.”
State v. Young, 152 Wash. App. 186 (Wash. Ct. App. 2009). “RCW 10.97.030(1) (emphasis added). ¶6 Young moved the trial court to destroy court records of the 2005 charge.”
— Wash. Rev. Code § 10.97.030(2) — 12 cases
Bainbridge Police Guild v. City of Puyallup, 259 P.3d 190 (Wash. 2011). “The term includes information contained in records maintained by or obtained from criminal justice agencies, other than courts, which records provide individual identification of a person together with any portion of the individual's record of involvement in the criminal justice…”
Bainbridge Island Police Guild v. City of Puyallup, 172 Wash. 2d 398 (Wash. 2011). “RCW 10.97.030(1). The PCIR did not arise from an arrest, detention, indictment, or other formal criminal charge and would not include any “descriptions and notations” of those events.”
Sargent v. Seattle Police Dept., 314 P.3d 1093 (Wash. 2013). “” RCW 10.97.030(2). The CRPA by its terms clearly prohibits reproduction of any nonconviction data unless the subject of the record is requesting a copy in order to contest the accuracy or completeness of the documents.”
State v. Shineman, 971 P.2d 94 (Wash. Ct. App. 1999).
State v. Gilkinson, 790 P.2d 1247 (Wash. Ct. App. 1990). “Nonconviction data is defined in RCW 10.97.030(2) as: ... all criminal history record information relating to an incident which has not led to a conviction or other disposition adverse to the subject, and for which proceedings are no longer actively pending.”
— Wash. Rev. Code § 10.97.030(3) — 6 cases
State v. Breazeale, 144 Wash. 2d 829 (Wash. 2001). “” RCW 10.97.030(3) provides: “ ‘[c]onviction record’ means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the subject.”
State v. Breazeale, 31 P.3d 1155 (Wash. 2001). “" RCW 10.97.030(3) provides: "`[c]onviction record' means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the subject.”
Doe P v. Thurston Cnty., 199 Wash. App. 280 (Wash. Ct. App. 2017). “RCW 10.97.030(3), .050(1). Underlying Zink’s argument is her contention that the evaluations contain “[c]riminal history record information” and thus are subject to disclosure in their entirety.”
State v. Breazeale, 994 P.2d 254 (Wash. Ct. App. 2000). “We conclude that both statutes authorize sealing of criminal records and narrowly limit their future use, notwithstanding an arguably contrary provision of the Washington State Criminal Records Privacy Act, RCW 10.97.030. We therefore reverse the ruling of the trial court that…”
Doe v. Pierce Cnty., 433 P.3d 838 (Wash. Ct. App. 2019).
— Wash. Rev. Code § 10.97.030(4) — 12 cases
Doe P v. Thurston Cnty., 199 Wash. App. 280 (Wash. Ct. App. 2017). “RCW 10.97.030(3), .050(1). Underlying Zink’s argument is her contention that the evaluations contain “[c]riminal history record information” and thus are subject to disclosure in their entirety.”
State v. Breazeale, 144 Wash. 2d 829 (Wash. 2001). “” RCW 10.97.030(3) provides: “ ‘[c]onviction record’ means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the subject.”
State v. Breazeale, 31 P.3d 1155 (Wash. 2001). “" RCW 10.97.030(3) provides: "`[c]onviction record' means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the subject.”
State v. Breazeale, 994 P.2d 254 (Wash. Ct. App. 2000). “We conclude that both statutes authorize sealing of criminal records and narrowly limit their future use, notwithstanding an arguably contrary provision of the Washington State Criminal Records Privacy Act, RCW 10.97.030. We therefore reverse the ruling of the trial court that…”
Bini v. City of Vancouver, 218 F. Supp. 3d 1196 (W.D. Wash. 2016). “Defendants indicate that Bainbridge Island Police Guild was decided prior to the 2012 amendment of RCW 10.97.030, which now expressly excludes “intelligence, ana *1205 lytical, or investigative reports and files” from the definition of “criminal history record information.”
— Wash. Rev. Code § 10.97.030(4)(b) — 1 case
Bini v. City of Vancouver, 218 F. Supp. 3d 1196 (W.D. Wash. 2016). “Defendants indicate that Bainbridge Island Police Guild was decided prior to the 2012 amendment of RCW 10.97.030, which now expressly excludes “intelligence, ana *1205 lytical, or investigative reports and files” from the definition of “criminal history record information.”
— Wash. Rev. Code § 10.97.030(4)(h) — 1 case
Bini v. City of Vancouver, 218 F. Supp. 3d 1196 (W.D. Wash. 2016). “Defendants indicate that Bainbridge Island Police Guild was decided prior to the 2012 amendment of RCW 10.97.030, which now expressly excludes “intelligence, ana *1205 lytical, or investigative reports and files” from the definition of “criminal history record information.”
— Wash. Rev. Code § 10.97.030(5) — 2 cases
State v. Young, 216 P.3d 449 (Wash. Ct. App. 2009). “RCW 10.97.030(1) (emphasis added). ¶ 6 Young moved the trial, court to destroy court records of the 2005 charge.”
State v. Young, 152 Wash. App. 186 (Wash. Ct. App. 2009). “RCW 10.97.030(1) (emphasis added). ¶6 Young moved the trial court to destroy court records of the 2005 charge.”
— Wash. Rev. Code § 10.97.030(5)(b) — 1 case
— Wash. Rev. Code § 10.97.030(8) — 4 cases
Bini v. City of Vancouver, 218 F. Supp. 3d 1196 (W.D. Wash. 2016). “Defendants indicate that Bainbridge Island Police Guild was decided prior to the 2012 amendment of RCW 10.97.030, which now expressly excludes “intelligence, ana *1205 lytical, or investigative reports and files” from the definition of “criminal history record information.”
State Of Washington, V. Karen L. Fjerstad (Wash. Ct. App. 2025).
State Of Washington, V. Alta C. Hunter (Wash. Ct. App. 2025).
State Of Washington, V. Karen K. Peterson (Wash. Ct. App. 2025).
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