Arrest records are public documents in Spokane, Washington, pursuant to the Washington State Public Records Act (RCW Chapter 42.56). This legislation establishes the public's right to access government records to ensure transparency and accountability in governmental operations. The Act stipulates that all public records shall be available for inspection and copying by any person, with certain statutory exemptions.
In accordance with RCW § 42.56.070, public agencies in Spokane are required to make available for public inspection and copying all public records, unless the record falls within specific exemptions outlined in RCW § 42.56.210 through § 42.56.470. These exemptions may include records that would violate an individual's right to privacy, investigative records compiled by law enforcement agencies that could hinder effective law enforcement, or records related to ongoing investigations.
The Washington State Supreme Court has consistently upheld the principle that the Public Records Act is to be liberally construed and its exemptions narrowly interpreted to promote public access to government records. Consequently, arrest records maintained by the Spokane Police Department and other law enforcement agencies within Spokane County are generally accessible to the public, subject to applicable exemptions.
Members of the public seeking to access arrest records in Spokane have multiple avenues available. The Spokane County Sheriff's Office and the Spokane Police Department maintain systems for public record requests in compliance with state law. The following methods are available for obtaining arrest records:
Online Database Access: The Spokane County Sheriff's Office provides digital access to certain arrest records through their online portal. Users may search by name, date of arrest, or case number. This service is available 24 hours a day, seven days a week.
In-Person Requests: Individuals may submit requests in person at the Records Division of the Spokane Police Department, located at 1100 W. Mallon Avenue, Spokane, WA 99260. The public counter is open Monday through Friday, 8:30 AM to 4:30 PM, excluding holidays.
Written Requests: Written requests for arrest records may be submitted to the Spokane County Public Records Office at 1116 W. Broadway Avenue, Spokane, WA 99260. All written requests must include the requestor's contact information and specific details about the records being sought.
Judicial Information System: Court records related to arrests may be accessed through the Washington State Courts Judicial Information System. This system provides information on case filings, hearings, and dispositions.
Pursuant to RCW § 42.56.520, agencies must respond to public records requests within five business days by either providing the records, acknowledging receipt and providing an estimated time for response, or denying the request with a specific explanation.
Arrest records maintained by Spokane law enforcement agencies typically contain comprehensive information about the arrest incident and the individual taken into custody. In accordance with Washington Administrative Code (WAC) 446-20-050, these records generally include the following elements:
It should be noted that certain information within arrest records may be redacted prior to public disclosure in accordance with exemptions provided in RCW § 42.56.240, which protects specific investigative information, witness identities, and information that may endanger individuals or compromise investigations.
The Spokane Police Department Records Division, located at 1100 W. Mallon Avenue, Spokane, WA 99260, is responsible for maintaining these records. The division can be contacted at (509) 625-4001 for inquiries regarding public record requests and available information.
Under Washington state law, individuals may petition for the expungement or sealing of arrest records under certain circumstances. The process, formally known as "vacating" a record in Washington, is governed by RCW Chapter 9.96 and RCW § 10.97.060.
Eligibility criteria for expungement of arrest records in Spokane include:
The expungement process requires filing a petition with the court that had jurisdiction over the case. For Spokane County cases, petitions must be filed with the Spokane County Superior Court, located at 1116 W. Broadway Avenue, Spokane, WA 99260, or with the Spokane Municipal Court for city violations, located at 1100 W. Mallon Avenue, Spokane, WA 99260.
Pursuant to RCW § 10.97.060, if a person has been arrested and the charges are not filed or are dismissed, the person may file a motion with the court for a destruction of the arrest record. The court, upon verification of the facts, shall enter an order directing the agency to destroy the record.
It should be noted that expunged records may still be accessible to law enforcement agencies and may be considered in certain legal proceedings, such as sentencing for subsequent offenses or for employment in sensitive positions.
While arrest records are generally public in Spokane, Washington state law imposes certain restrictions on their access and use. These restrictions are designed to balance the public's right to information with individual privacy rights and the presumption of innocence.
RCW § 10.97.050 establishes limitations on the dissemination of criminal history record information. Specifically:
Additionally, the Washington Fair Chance Act (RCW Chapter 49.94) prohibits employers from asking about arrests or convictions before determining if an applicant is otherwise qualified for a position. This "ban-the-box" legislation aims to prevent discrimination against individuals with arrest records.
The Spokane Municipal Court, which exercises jurisdiction over misdemeanors and code violations within city limits, adheres to these restrictions when processing record requests. The court is located at 1100 W. Mallon Avenue, Spokane, WA 99260, and can be reached at (509) 625-4400 for inquiries regarding access restrictions.