Finding someone else’s arrest on your Washington criminal history can be alarming. The problem may surface during a Seattle-area job or other background check. This can happen when another person gives your name and date of birth during an arrest. The Washington State Patrol (WSP) calls this criminal identity theft.
Fortunately, the state has a process to help you show that the arrest does not belong to you.
How WSP handles a compromised identity
When criminal identity theft occurs, your name and birth date can become part of another person’s criminal history. WSP’s Compromised Identity Claim (CIC) program allows you to create a separate identification record. The CIC process currently has a $58 WSP fee. The agency taking your fingerprints may charge a separate fee.
The CIC process involves several steps:
- A law enforcement agency verifies your government-issued photo ID and takes your fingerprints.
- WSP compares your fingerprints with records in its system.
- WSP can provide a letter and a physical CIC wallet card if it verifies the mistaken identity.
- WSP can include a notation about your identification record on future background checks.
These measures can help establish that you are not the person connected to the disputed arrest. WSP recommends keeping the CIC card with you and showing it to law enforcement when you are asked for identification.
What if the record contains another error?
Not every inaccurate record results from identity theft. Under WAC 446-20-120, you may challenge Washington criminal history information you believe is inaccurate or incomplete in writing. WSP provides a Request for Modification of Record form for this process.
You must identify the specific information you believe is wrong and explain what should be corrected. If WSP substantiates your challenge, its Criminal History Records Section can modify the inaccurate information.
Under WAC 446-20-140, the agency that initiated the disputed information must acknowledge your written challenge within 10 business days. It then has no more than 10 business days after that acknowledgment to correct the information or explain its refusal.
Know which process can address the error
Finding an arrest that is not yours can be especially concerning when a background check affects your job, housing or another opportunity. The state has different processes for a compromised identity and other errors in your criminal history. Finding the source of the error can help you see which process applies. If the record is hard to trace or correct, legal guidance can help you understand the right process and what records you may need.