RCW 43.101.095: Peace and corrections officer certification—Background investigation.

(1)(a) As a condition of employment, or of holding office, all peace officers and all corrections officers are required to obtain certification and maintain certification as required by this chapter and the rules of the commission.

(b) To ensure that sheriffs, police chiefs, and town marshals meet the requirements in RCW 35.21.333 and 36.28.025 to obtain certification within nine months of assuming office, the commission must prioritize their access to any commission training required for certification.

(2)(a) Any person being considered for appointment as a sheriff, police chief, or marshal, or seeking employment as a peace officer, reserve officer, corrections officer, or as a limited authority Washington peace officer who if hired would qualify as a peace officer as defined in RCW 43.101.010, must submit to a background investigation to determine that they meet eligibility requirements and to determine the person's suitability for employment. This requirement does not apply to any person whose certification has lapsed as a result of a break of more than 24 consecutive months in the officer's service as a result of being recalled into military service. Employing agencies and appointing authorities may only make a conditional offer of employment pending completion of the background investigation and shall attest in writing to the commission that they have complied with all background investigation requirements prior to making any nonconditional offer of employment.

(b) The background investigation must have been completed within the prior six months, and include:

(i) A check of criminal history, any national decertification index, commission records, and all disciplinary records by any previous law enforcement or correctional employer, including complaints or investigations of misconduct and the reason for separation from employment. Law enforcement or correctional agencies that previously employed or received an application from the person shall retain application records and disclose employment or application information within 30 days of receiving a written request from the employing agency conducting the background investigation, including the reason for the person's separation from the agency, any information regarding the person's application to that agency, and any other information obtained during the background investigation conducted as part of the application process. Complaints or investigations of misconduct must be disclosed regardless of the result of the investigation or whether the complaint was unfounded;

(ii) Inquiry to the local prosecuting authority in any jurisdiction in which the person has served as to whether the person is on any potential impeachment disclosure list;

(iii) Inquiry into whether the person has any past or present affiliations with extremist organizations, as defined by the commission;

(iv) A review of the person's social media accounts;

(v)(A) For peace officers, verification of immigrant or citizenship status as either a citizen of the United States of America, lawful permanent resident, or deferred action for childhood arrivals recipient.

(B) For corrections officers, verification of immigrant or citizenship status as a citizen of the United States or a person who is legally authorized to work in the United States under federal law. This subsection shall be interpreted and applied consistent with federal law and regulations. This subsection shall not be construed to permit an employer to override or bypass work authorization requirements stated in section 274a.2 of Title 8 of the Code of Federal Regulations;

(vi) A psychological examination administered by a psychiatrist licensed in the state of Washington pursuant to chapter 18.71 RCW or a psychologist licensed in the state of Washington pursuant to chapter 18.83 RCW, in compliance with standards established in rules of the commission;

(vii) A polygraph or similar assessment administered by an experienced professional with appropriate training and in compliance with standards established in rules of the commission; and

(viii) Except as otherwise provided in this section, any test or assessment to be administered as part of the background investigation shall be administered in compliance with standards established in rules of the commission.

(c) The commission shall establish standards for the background investigation requirements in this section and any other preemployment background investigation requirement that may be imposed by an employing agency or the commission.

(3)(a) The commission shall allow a peace officer or corrections officer to retain status as a certified officer as long as the officer: (i) Timely meets the basic training requirements, or is exempted therefrom, in whole or in part, under RCW 43.101.200 or under rule of the commission; (ii) timely meets or is exempted from any other requirements under this chapter as administered under the rules adopted by the commission; (iii) is not denied certification by the commission under this chapter; and (iv) has not had certification suspended or revoked by the commission.

(b) The commission shall certify peace officers who are limited authority Washington peace officers employed on or before July 1, 2023. Thereafter, the commission may revoke certification pursuant to this chapter.

(4) As a condition of certification and of a background investigation, a peace officer or corrections officer must:

(a) On a form devised or adopted by the commission, authorize the release to the employing county, city, or agency and to the commission of the officer's personnel files, including disciplinary, termination, civil or criminal investigation, or other records or information that are directly related to a certification matter or decertification matter before the commission;

(b) Consent to and facilitate a review of the officer's social media accounts, however, consistent with RCW 49.44.200, the officer is not required to provide login information. The release of information may not be delayed, limited, or precluded by any agreement or contract between the officer, or the officer's union, and the entity responsible for the records or information; and

(c) Indicate, on a form provided by the hiring agency, any prior application materials, including any background investigation conducted while seeking employment with any other law enforcement agency, including where the person began but did not complete a full background investigation.

(5) The employing county, city, or agency and the commission are authorized to receive criminal history record information that includes nonconviction data for any purpose associated with employment or certification under this chapter. Dissemination or use of nonconviction data for purposes other than that authorized in this section is prohibited.

(6) For a national criminal history records check, the commission shall require fingerprints be submitted and searched through the Washington state patrol identification and criminal history section. The Washington state patrol shall forward the fingerprints to the federal bureau of investigation.

(7) Prior to certification or appointment of a sheriff, police chief, or marshal, the employing agency or appointing authority shall attest to the commission that the agency or appointing authority has received or conducted a completed background investigation, that no information has been found that would disqualify the person from certification, and that the person was determined by the background investigation and under commission rules to have met eligibility requirements and to be suitable for employment as a peace officer or corrections officer, or appointment as a sheriff, chief, or marshal. Persons determined by the background investigation to have engaged in conduct meeting the criteria set forth in RCW 43.101.105(2) shall be considered unsuitable for employment as a peace officer.

(8) All files, papers, and other information obtained as part of the background investigation are confidential and exempt from public disclosure under chapter 42.56 RCW. The verification by the commission that the background investigation has been completed, and whether it has been passed or failed, is a public record. The commission must retain background investigation files it receives.

(9) The requirements of this section apply to persons applying to serve as a new officer, a lateral transfer within the state or from another state from a law enforcement or corrections agency to a different law enforcement or corrections agency, or an officer moving from a corrections division to a law enforcement division or vice versa within the same agency unless exempted by the commission, or a person appointed or elected as a sheriff, chief, or marshal.

(10) Every individual, legal entity, and agency of federal, state, or local government is immune from civil liability, whether direct or derivative, for providing information to the commission, employing agencies, potential employing agencies, or appointing authorities in good faith.