(1) Except as authorized under subsection (2) of this section, no consumer reporting agency may make a consumer report containing any of the following items of information:

Terms Used In Washington Code 19.182.040

  • Arrest: Taking physical custody of a person by lawful authority.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(a) Bankruptcies that, from date of adjudication of the most recent bankruptcy, antedate the report by more than ten years;
(b) Suits and judgments that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period;
(c) Paid tax liens that, from date of payment, antedate the report by more than seven years;
(d) Accounts placed for collection or charged to profit and loss that antedate the report by more than seven years;
(e) Records of arrest, indictment, or conviction of an adult for a crime that, from date of disposition, release, or parole, antedate the report by more than seven years;
(f) Juvenile records, as defined in *RCW 13.50.010(1)(c), when the subject of the records is twenty-one years of age or older at the time of the report; and
(g) Any other adverse item of information that antedates the report by more than seven years.
(2) Subsection (1)(a) through (e) and (g) of this section is not applicable in the case of a consumer report to be used in connection with:
(a) A credit transaction involving, or that may reasonably be expected to involve, a principal amount of fifty thousand dollars or more;
(b) The underwriting of life insurance involving, or that may reasonably be expected to involve, a face amount of fifty thousand dollars or more; or
(c) The employment of an individual at an annual salary that equals, or that may reasonably be expected to equal, twenty thousand dollars or more.

NOTES:

*Reviser’s note: RCW 13.50.010 was amended by 2015 c 265 § 2, changing subsection (1)(c) to subsection (1)(d).
Findings—Intent—2011 c 333: “The legislature finds that:
(1) One of the goals of the juvenile justice system is to rehabilitate juvenile offenders and promote their successful reintegration into society. Without opportunities to reintegrate, juveniles suffer increased recidivism and decreased economic function.
(2) The public has an interest in accessing information relating to juvenile records for public safety and research purposes.
(3) The public’s legitimate interest in accessing personal information must be balanced with the rehabilitative goals of the juvenile justice system. All benefit when former juvenile offenders, after paying their debt to society, reintegrate and contribute to their local communities as productive citizens.
(4) It is the intent of the legislature to balance the rehabilitative and reintegration needs of an effective juvenile justice system with the public’s need to access personal information for public safety and research purposes.” [ 2011 c 333 § 1.]
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