Applicant Frequently Asked Questions

Please fill out an Applicant Affidavit Form and explain which question(s) was marked in error. Be specific and mark the box for the Self-Disclosure question number(s) that were marked in error and provide the reason why the question(s) were marked "yes" in error. If you have supporting court documents, you can send those as well.

Once the Applicant Affidavit form is complete, return it to BCCU for review. 

Yes, you must disclose all convictions and/or negative actions regardless of how old they are. There is no time limit for reported crimes and negative actions on background checks. BCCU processes background checks for multiple programs. Each program has specific requirements/rules.

Your answers to self-disclosure questions become part of your background check history and are stored in BCCU’s criminal history database. Self-disclosures are reported as part of your background check result like any other background check history we receive. It is important that your answers to self-disclosure questions are accurate and consistent.  It is recommended that you answer self-disclosure questions the same way each time you complete the Background Check Authorization Form unless the question has changed, or the previous answer was wrong. It is highly recommended that you refer to your court records, charging papers, or other official documents before answering self-disclosure questions. Inaccurate or missing information may result in a delay in processing your background check. 

The applicant can request a copy of their background check information from BCCU by completing an Applicant Request for a Copy of Background Check Information Form (Word)  at any time. The applicant will also automatically receive a mailed copy of their completed background check results if background check information is found. Please note that No Record and Interim Fingerprint Result letters are not automatically mailed as No Record indicates there is no CHRI reported by our data sources and the Interim Fingerprint Result isn’t a completed background check result letter. Please allow five (5) business days from date of final background check result letter. 

You can also contact the reporting source directly (found on page two of your BCCU results). The applicant can request records from the reporting source, such as the Washington State Patrol - WSP, the specific court reporting the crime, Department of Health - DOH, Federal Bureau of Investigations (FBI), etc. 

A rap sheet is a record of arrests and prosecutions. Arrest events occur when a person is arrested, or when they are fingerprinted and booked.

Each time a person is arrested and fingerprinted in Washington State, the police department sends a copy of the prints to the Washington State Patrol - WSP. All arrest fingerprints are also sent to the Federal Bureau of Investigation - FBI. The FBI maintains a record of arrests from across the country. The FBI may have outdated information in their database as they rely on local police and courts to update their information. As a result, the FBI data contains a notable amount of information with missing dispositions. Per FBI regulations, BCCU cannot distribute the FBI rap sheet to all facilities; for some facilities, it is up to the applicant to share the results with the facility. 

How to Read a Rap Sheet (PDF)

A conviction occurs when a person pleads guilty or is found guilty by a judge or jury, but for the purposes of BCCU also includes other adverse dispositions such as not guilty by reason of insanity, dismissal by reason of incompetency, and others. Conviction information is considered public information in Washington. For the purposes of a BCCU background check, a conviction that has been the subject of an expungement, pardon, annulment, certificate of rehabilitation or other equivalent procedure based on a finding of innocence or rehabilitation will, generally, be treated as a non-conviction. However, deferred prosecutions and deferred or suspended sentences may still be treated as convictions.

 

BCCU does not determine whether an individual is able to work for a facility. BCCU provides the results received from the Fingerprint Checks and the Name and Date of Birth Checks. Contact the DSHS program that requires a background check for additional information.

 

Unless you have a conviction/charge expunged, vacated, or sealed, it may still appear on your background check regardless of time passed. Contact the court or reporting source to find out how to have convictions and/or charges removed. 

 

The applicant may request a copy of their BCCU results from the entity that requested the background check or by sending a completed Request for Background Check Information Form to BCCU to bccuinquiry@dshs.wa.gov. Due to confidentiality reasons, BCCU cannot discuss the results over the phone with the applicant until the applicant has received their results. The applicant will need to have the results readily available when they contact BCCU to discuss the information.

 

BCCU does not have the ability to remove your criminal history directly. However, there are a number of methods of removing or minimizing the effects of criminal history, which may or may not be appropriate for you based on your particular situation. The common methods are: 

  • Have the non-conviction information Expunged/Deleted:
     
    • Under RCW 10.97.060, non-conviction information can be destroyed under certain circumstances, and will be unavailable. Please see WA State Patrol’s Expungement Checklist for more information.
  • Have the crime Vacated:
    • Effective July 28, 2019, the New Hope Act (HB 1041) modifies the criteria for vacating felonies and misdemeanors, making the eligibility requirements broader. Only certain convictions are eligible to be vacated under the act. For more information, see Vacating Record of Felony Conviction and Vacating Misdemeanor and Gross Misdemeanor Convictions.
    • Under RCW Chapter 9.96, courts are authorized to vacate the record of conviction by setting aside the guilty plea/verdict. While vacated convictions may still be discoverable, for purposes of BCCU a vacated crime is not used in determining results. A person whose conviction has been vacated may legally state they have never been convicted of that crime. Please see WA Courts guide to sealing/vacating records for more information.
  • Have a misdemeanor marijuana possession offense Vacated:
     
    • On May 13, 2019, Governor Inslee signed SB 5605, Concerning Marijuana Offense Convictions. Every person convicted of misdemeanor marijuana possession offenses in Washington, who was 21 years of age or older at the time of the offense, may apply to the sentencing court to vacate his or her conviction record for the marijuana offense. Please see Marijuana Justice Initiative for more information.
  • Have the crime Sealed:
     
    • Under Washington state court rules, a court may seal a record to prevent access to the contents of the record. Sealing does not destroy the record or prevent the existence of the record from being reported, and the record may be subject to a future order unsealing it. For purposes of BCCU a sealed crime is not used in determining results. Please see WA Courts guide to sealing/vacating records for more information.
  • Obtain a Pardon:
     
    • Under the Washington state constitution the Governor may pardon an individual, which may restore certain civil rights and typically removes the conviction information from publicly-accessible data. While this information may still be discoverable, BCCU treats pardoned Washington State crimes as non-convictions if they are based on rehabilitation or innocence. Please see the Clemency & Pardon Board for additional information.
  • Obtain a Certificate of Rehabilitation of Opportunity (CROP):
     
    • Under RCW Chapter 9.97, anyone may petition the courts for a certificate of restoration of opportunity. With a CROP, in many cases you may no longer be denied for a license based solely on your conviction. However, there are many exemptions to this process that apply to DSHS. Please see WA Courts Certificate of Restoration of Opportunity brochure for more information.