# RCW 10.97.040: RCW 10.97.040: Information required—Exceptions

> Washington · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T10_C97_S040

## Section

- **Citation:** RCW 10.97.040
- **Heading:** RCW 10.97.040: Information required—Exceptions
- **Jurisdiction:** Washington
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Code / Title 10 / Chapter 97 / Section 040

## Text

No criminal justice agency shall disseminate criminal history record information pertaining to an arrest, detention, indictment, information, or other formal criminal charge made after December 31, 1977, unless the record disseminated states the disposition of such charge to the extent dispositions have been made at the time of the request for the information: PROVIDED, HOWEVER, That if a disposition occurring within ten days immediately preceding the dissemination has not been reported to the agency disseminating the criminal history record information, or if information has been received by the agency within the seventy-two hours immediately preceding the dissemination, that information shall not be required to be included in the dissemination: PROVIDED FURTHER, That when another criminal justice agency requests criminal history record information, the disseminating agency may disseminate specific facts and incidents which are within its direct knowledge without furnishing disposition data as otherwise required by this section, unless the disseminating agency has received such disposition data from either: (1) the state patrol, or (2) the court or other criminal justice agency required to furnish disposition data pursuant to RCW 10.97.045 . No criminal justice agency shall disseminate criminal history record information which shall include information concerning a felony or gross misdemeanor without first making inquiry of the identification section of the Washington state patrol for the purpose of obtaining the most current and complete information available, unless one or more of the following circumstances exists: (1) The information to be disseminated is needed for a purpose in the administration of criminal justice for which time is of the essence and the identification section is technically or physically incapable of responding within the required time; (2) The full information requested and to be disseminated relates to specific facts or incidents which are within the direct knowledge of the agency which disseminates the information; (3) The full information requested and to be disseminated is contained in a criminal history record information summary received from the identification section by the agency which is to make the dissemination not more than thirty days preceding the dissemination to be made; (4) The statute, executive order, court rule, or court order pursuant to which the information is to be disseminated refers solely to information in the files of the agency which makes the dissemination; (5) The information requested and to be disseminated is for the express purpose of research, evaluative, or statistical activities to be based upon information maintained in the files of the agency or agencies from which the information is directly sought; or (6) A person who is the subject of the record requests the information and the agency complies with the requirements in RCW 10.97.080 as now or hereafter amended.

## Nearby sections

- [RCW 10.97.010 RCW 10.97.010: Declaration of policy.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T10_C97_S010.md)
- [RCW 10.97.020 RCW 10.97.020: Short title.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T10_C97_S020.md)
- [RCW 10.97.030 RCW 10.97.030: Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T10_C97_S030.md)
- [RCW 10.97.040 RCW 10.97.040: Information required—Exceptions.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T10_C97_S040.md)
- [RCW 10.97.045 RCW 10.97.045: Disposition data to initiating agency and state patrol.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T10_C97_S045.md)
- [RCW 10.97.050 RCW 10.97.050: Restricted, unrestricted information—Records.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T10_C97_S050.md)
- [RCW 10.97.060 RCW 10.97.060: Deletion of certain information, conditions.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T10_C97_S060.md)
- [RCW 10.97.070 RCW 10.97.070: Disclosure of suspect's identity to victim.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T10_C97_S070.md)
- [RCW 10.97.080 RCW 10.97.080: Inspection of information by subject—Challenges and corrections.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T10_C97_S080.md)
- [RCW 10.97.090 RCW 10.97.090: Administration by state patrol.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T10_C97_S090.md)
- [RCW 10.97.100 RCW 10.97.100: Fees.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T10_C97_S100.md)
- [RCW 10.97.110 RCW 10.97.110: Civil remedies—Criminal prosecution not affected.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T10_C97_S110.md)
- [RCW 10.97.120 RCW 10.97.120: Criminal penalties—Civil action not affected.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T10_C97_S120.md)
- [RCW 10.97.130 RCW 10.97.130: Child victims of sexual assaults and commercial sexual exploitation, identification confidential.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T10_C97_S130.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_T10_C97_S040. Check the current official text before relying on it. Not legal advice.
