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Juvenile  Court  -  Probation  Services

 

Destruction of Diversion Records

 
Pursuant to RCW 13.50.270 the court may destroy all records maintained by any court and law enforcement agencies as defined below.

Diversions entered PRIOR to June 12, 2008:

A person may request that the court order the records in his or her case destroyed if:

  • A person is eighteen years of age or older;
  • The personís criminal history consists entirely of one diversion agreement or counsel and release;
  • Two years have elapsed since completion of the agreement or counsel and release;
  • All diversion agreements have been successfully completed; and
  • No proceeding is pending against the person seeking the conviction of a criminal offense.

OR

  • A person is twenty-three years of age or older whose criminal history consists of only referrals for diversion;
  • All diversion agreements have been successfully completed; and
  • No proceeding is pending against the person seeking the conviction of a criminal offense.

The person making the motion pursuant to this subsection must 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:

1.  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.

2.  Complete the Affidavit, Motion and Order Destroying Juvenile Offender Records and present it to the Prosecuting Attorney's Office for their signature.

3.  Submit the signed Affidavit, Motion and Order to the court for the Judge or Court Commissioner's signature.

4.  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.

You may contact the Juvenile Court Probation Intake Unit at 360-709-3189 to request a packet that includes the above destruction instructions, forms, motions and orders.

Diversions entered AFTER June 12, 2008:

All records maintained by any court or law enforcement agency, including the juvenile court, local law enforcement, the Washington state patrol, and the prosecutor's office, shall be automatically destroyed within ninety days of becoming eligible for destruction. Juvenile records are eligible for destruction when:

  • The person is at least eighteen years of age;
  • The person's criminal history consists entirely of one diversion agreement or counsel and release;
  • Two years have elapsed since completion of the agreement or counsel and release;
  • No proceeding is pending against the person seeking the conviction of a criminal offense; and
  • There is no restitution owing in the case.

Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older. However, to ensure that the eligible records are destroyed, one should petition the court for destruction of the records.

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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Page Revised on May 19, 2016 © Thurston County