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Pursuant to RCW 13.50.050 (17-19),
a person eighteen years of age or older whose criminal history consists of
only one referral for diversion may request that the court order the records
in that case destroyed. The request shall be granted if the court finds
that two years have elapsed since completion of the diversion agreement.
If the court grants the motion to destroy records, it shall order the official
juvenile court file, the social file, and any other records named in the order
destroyed.
The person making the motion
shall give reasonable notice of the motion to the Prosecuting Attorney and to
any agency whose records are sought to be destroyed.
In order to request the
destruction of juvenile offender records, the respondent must:
- Notify all local law
enforcement agencies in writing of his or her request to destroy the records
as well as any agency whose records are sought to be destroyed.
- Complete the Affidavit,
Motion and Order Destroying Juvenile Offender Records and present it to the
Prosecuting Attorney's Office for their signature.
- Submit signed Affidavit,
Motion and Order to the court for the Judge or Court Commissioner's
signature.
- Provide a signed, certified
copy of the "Order to Destroy Juvenile Offender Records" to all
agencies with whom he or she wishes to have their records destroyed.
Failure to do so may result in the records remaining open.
The above is a general
overview of the procedures for requesting destruction of juvenile offender records.
This overview does not purport to cover all statutes and court rules that may
apply to a request for destruction of juvenile offender records. It is recommended
that one consult with an attorney prior to requesting the destruction of juvenile records.
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