Criminal records off-limits to 8 state agencies
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There's potential trouble for eight Washington state agencies that try to fight fraud and protect the taxpayers.
For more than 20 years, many of these agencies received criminal records in the course of their investigations. Now the Washington State Patrol, which controls the distribution of criminal records, says they are not entitled to pre-conviction records more that one year old.
The patrol's criminal records division sent letters to the agencies, which include Child Support, Consumer Protection and six others. The letter says in order to access those records, the agencies need specific legislative authorization and there is no such statute. The patrol looked at the standing of 150 agencies, it is only the eight that apparently do not have specific legislative authority.
WSP's Al Lane says there may be other ways the agencies can get most of the data. But, he told KOMO 4 News, that things won't be the same for those agencies.
"I think it will inhibit their ability, probably, to do the type of investigations they have been conducting," he said.
The letter tells the agencies: "... it does not appear your agency is a criminal justice agency."
The agencies affected are significant. Within the Department of Social and Health Services, they include Child Support, Fraud Investigation and the Children's Administration.
Others affected are the Department of License's Investigation and Audit Unit, Employment Security's Special Investigations Division, Consumer Protection in the attorney general's Office, and the Professional Licensing Division of the Department of Health.
"We oversee a lot of health care professions. Over 300,000 health care providers, everything from doctors and nurses to massage therapists," said Tim Church with the health department.
Church says the department responds to public complaints. He worries their ability to guarantee your safety could be in danger.
"Sometimes we work hand in hand with authorities to do interviews of people who have been abused by a health care professional," Church said. "If we don't have that designation, it will probably stop us from having that kind of access, not only to records and things but to information and interviews that are crucial when we are working on a case."
WSP told the affected agencies it won't stop the reports immediately and will try to help them. But, they told KOMO 4 News, clearing up the problem may require action by the Legislature.
The Attorney General's Consumer Protection Division told KOMO 4 News the office asked for criminal justice standing in the early 90's. The office assumed it was coming.
"Direct communication with police is very important in consumer protection is very important," a representative of the office said.
The office will ask the Legislature to approve whatever law is necessary to continue that cooperation. Similar concern was expressed by the Department of Social and Health Services (DSHS).
For more than 20 years, many of these agencies received criminal records in the course of their investigations. Now the Washington State Patrol, which controls the distribution of criminal records, says they are not entitled to pre-conviction records more that one year old.
The patrol's criminal records division sent letters to the agencies, which include Child Support, Consumer Protection and six others. The letter says in order to access those records, the agencies need specific legislative authorization and there is no such statute. The patrol looked at the standing of 150 agencies, it is only the eight that apparently do not have specific legislative authority.
WSP's Al Lane says there may be other ways the agencies can get most of the data. But, he told KOMO 4 News, that things won't be the same for those agencies.
"I think it will inhibit their ability, probably, to do the type of investigations they have been conducting," he said.
The letter tells the agencies: "... it does not appear your agency is a criminal justice agency."
The agencies affected are significant. Within the Department of Social and Health Services, they include Child Support, Fraud Investigation and the Children's Administration.
Others affected are the Department of License's Investigation and Audit Unit, Employment Security's Special Investigations Division, Consumer Protection in the attorney general's Office, and the Professional Licensing Division of the Department of Health.
"We oversee a lot of health care professions. Over 300,000 health care providers, everything from doctors and nurses to massage therapists," said Tim Church with the health department.
Church says the department responds to public complaints. He worries their ability to guarantee your safety could be in danger.
"Sometimes we work hand in hand with authorities to do interviews of people who have been abused by a health care professional," Church said. "If we don't have that designation, it will probably stop us from having that kind of access, not only to records and things but to information and interviews that are crucial when we are working on a case."
WSP told the affected agencies it won't stop the reports immediately and will try to help them. But, they told KOMO 4 News, clearing up the problem may require action by the Legislature.
The Attorney General's Consumer Protection Division told KOMO 4 News the office asked for criminal justice standing in the early 90's. The office assumed it was coming.
"Direct communication with police is very important in consumer protection is very important," a representative of the office said.
The office will ask the Legislature to approve whatever law is necessary to continue that cooperation. Similar concern was expressed by the Department of Social and Health Services (DSHS).
