Washington § 36.28.025 - Qualifications.

(1) A person filing for candidacy for the office of sheriff, or seeking appointment to the office of sheriff, is eligible for election, appointment, holding office, and remaining in that office only if that person:

(a) Is a citizen of the United States of America;

(b) Is at least 25 years old;

(c) Has obtained a high school diploma or high school equivalency certificate as provided in RCW 28B.50.536;

(d) Has not been convicted under the laws of this state, another state, the United States, or the substantial equivalent under foreign law, of a felony;

(e) Has not been convicted under the laws of this state, another state, the United States, or the substantial equivalent under foreign law, of a gross misdemeanor, unless the conviction has been vacated;

(f) Has not engaged in and does not engage in conduct meeting the criteria requiring denial or revocation of certification set forth in RCW 43.101.105(2);

(g) Has received at least a general discharge under honorable conditions from any branch of the armed services for any military service if the person was in the military service;

(h) Has completed at least five years of regular, full-time law enforcement employment, involving enforcement responsibilities with a government law enforcement agency, as defined in subsection (4) of this section;

(i) Within nine months of assuming office, unless otherwise extended by the criminal justice training commission, has obtained certification, thereafter maintains certification as required under chapter 43.101 RCW and the rules of the commission, and has never had their certification denied, revoked, or voluntarily surrendered, and not reinstated, by any other state; and

(j) Except as provided in subsection (5) of this section, prior to the election filing deadline, within 30 days after certification of the election results, or at the time of appointment, has completed a background check verifying that the person has met the requirements in (a) through (i) of this subsection. Procedures for background checks verifying eligibility requirements have been met are provided in subsection (2) of this section.

(2)(a) For any person filing for candidacy or elected to the office of sheriff, the Washington state patrol must conduct the background check verifying eligibility. The state patrol must complete the background check no later than the election filing deadline, or, if the request for the background check is made too close to the election filing deadline to meet that timeline, no later than 30 days after the date of certification of the election results. A person filing for candidacy for the office of sheriff must submit a background check request to the Washington state patrol within six months of, and up to, the deadline for filing for election, and provide with the request the attestation required by subsection (3) of this section. Once the state patrol completes the background check, the state patrol shall submit confirmation to the criminal justice training commission that the person has or has not passed the background check verifying eligibility. The confirmation is a public record. The state patrol shall notify the candidate or elected person.

(b) Immediately following the filing deadline, the criminal justice training commission shall post on its public website maintained under RCW 43.101.400(4) a list of all candidates for sheriff who have submitted the request for a background check and the attestation as required by this section, and each candidate who has passed the required background check.

(c)(i) The Washington state patrol must develop and provide on its website, by May 1, 2026, a standard form and process for persons filing for candidacy for the office of sheriff to use in requesting the required background check, including the required attestation that the person meets all the eligibility requirements, submission of fingerprints and all information necessary to conduct state and national criminal history record checks, and all other information necessary for the Washington state patrol to conduct the eligibility verification required by this section. The Washington state patrol must submit the fingerprints to the federal bureau of investigation for a comparison with nationwide records, as required and authorized under P.L. 92-544.

(ii) For the purpose of the Washington state patrol accessing state and national criminal history record information, including mandatory fingerprint-based background checks submitted to the federal bureau of investigation, any person who is not certified, filing for candidacy for the office of sheriff, elected to the office of sheriff, or seeking appointment to the office of sheriff is deemed an applicant for peace officer certification eligibility under chapter 43.101 RCW. Completion of this state and national criminal history record check is a mandatory condition of their candidacy, election, or appointment.

(d) In the case of appointment, the background check verifying eligibility must be completed by the appointing authority no earlier than six months prior to the date of appointment. The appointing authority must submit confirmation to the criminal justice training commission that the background check verified that the person meets the eligibility requirements. Such confirmation is a public record.

(e) The county in which a person is seeking appointment or election to the office of sheriff is responsible for any costs associated with the background check required by this section. The county shall reimburse the Washington state patrol for all costs associated with the background check it conducts for any person seeking election to the office of sheriff. The appointing authority is responsible for all costs associated with the background check it conducts for any person being appointed to the office of sheriff in that county.

(3) A person seeking election or appointment to the office of sheriff must provide a sworn statement under penalty of perjury to the state patrol or to the appointing authority stating that the person meets the requirements of this section, and the state patrol, or the appointing authority, upon completion of the background check, must attest as part of the public record that the requirements of this section have been met. In addition to posting all requests for background checks, attestations, and a list of background checks completed, and whether each person passed or failed, by the filing deadline as required in subsection (2)(b) of this section, the criminal justice training commission shall, after the election, but no later than 60 days following the election, post on its public website maintained under RCW 43.101.400(4) a list of sheriffs who have completed the background check, and whether each passed or failed, as required by this section.

(4) For the purposes of this section, "government law enforcement agency" means a general authority Washington law enforcement agency or a limited authority Washington law enforcement agency as defined in RCW 10.93.020, or a state or federal governmental agency that is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law.

(5) The requirement of five years of experience with a government law enforcement agency and the age requirement in subsection (1) of this section do not apply to any person who is holding the office of sheriff as of April 30, 2026, unless the person seeks election to a different office of sheriff, or appointment to a different office of sheriff. All other eligibility requirements apply as of April 30, 2026.

Findings—Intent—Effective date—2026 c 258: See notes following RCW 35.21.333.