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Juvenile  Court  -  Probation  Services

 

Sealing of Juvenile Offender Records

 
Pursuant to RCW 13.50.260 and 13.40.127 the court may seal the official court file, the social file, and other records of the court and of any other law enforcement agency in the case.

Dispositions PRIOR to June 12, 2014:

The court shall grant any motion to seal records for class A offenses if:

  • Since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent five consecutive years in the community without committing any offense or crime that subsequently results in an adjudication or conviction;
  • No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;
  • No proceeding is pending seeking the formation of a diversion agreement with that person;
  • The person is no longer required to register as a sex offender under RCW 9A.44.130 or has been relieved of the duty to register under RCW 9A.44.143 if the person was convicted of a sex offense;
  • The person has not been convicted of rape in the first degree, rape in the second degree, or indecent liberties that was actually committed with forcible compulsion; and
  • Full restitution has been paid to the victim, excluding restitution owed to an insurance provider.

The court shall grant any motion to seal records for class B, C, gross misdemeanor, and misdemeanor offenses if:

  • Since the date of last release from confinement, including full-time residential treatment, if any, entry of disposition, or completion of the diversion agreement, the person has spent two consecutive years in the community without being convicted of any offense or crime;
  • No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;
  • No proceeding is pending seeking the formation of a diversion agreement with that person;
  • The person is no longer required to register as a sex offender under RCW 9A.44.130 or has been relieved of the duty to register under RCW 9A.44.143 if the person was convicted of a sex offense; and
  • Full restitution has been paid to the victim, excluding restitution owed to an insurance provider.

In order to request the sealing of juvenile offender records, the respondent must:

1. Respondent shall notify, in writing, all agencies of their request to seal juvenile offender records.

2. Respondent must complete affidavit, motion, waiver and order sealing offender records.

3. Respondent must return the affidavit, motion, waiver and order sealing to the Prosecuting Attorney’s Office.

4. The designated intake Probation Counselor will inform the Respondent when the record is sealed.

5. The Respondent shall request certified copies of the court order from the Clerk's Office. A fee for those copies will apply at the time of the request.

6. Respondent must provide a certified copy of the Order Sealing Juvenile Offender Records to all agencies with whom they wish to have their records sealed. (You MUST provide the arresting agency and the Washington State Patrol with this sealing order or your record at these agencies will not be sealed.) It is advised that a letter requesting confirmation that all records have been sealed accompany the order to seal.

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

Dispositions AFTER June 12, 2014:

At the disposition hearing the court will schedule an administrative sealing hearing for the Monday after the youth's 18th birthday; their vacate date; or six months after their maximum release date from JJRA - whichever occurs last; unless the disposition includes any of the following offenses: a most serious offense, as defined in RCW 9.94A.030, a sex offense under chapter 9A.44 RCW, or a drug offense, as defined in RCW 9.94A.030.

At the sealing hearing, the court will seal the record as long as the youth does not owe any monetary assessments, excluding restitution owed to an insurance provider, and there has been no objection. The Respondent is not required to appear at this hearing.

Deferred Dispositions PRIOR to June 7, 2012:

The court shall grant any motion to seal records of any deferred disposition vacated under RCW 13.40.127(9) if restitution has been paid, excluding restitution to an insurance provider, and the person is eighteen years of age or older at the time of the motion.

Deferred Dispositions AFTER June 7, 2012:

At the Deferred Review hearing, if the deferred is being dismissed and restitution has been paid in full, and the youth is not yet 18 years old, an administrative sealing hearing will be set on the Monday following the youth’s 18th birthday.

The Respondent is not required to appear at the administrative sealing hearing and the sealing cannot be contested.

At the Deferred Review hearing, if the deferred is being dismissed and restitution has been paid in full, excluding to an insurance provider, and the youth is 18 years of age, the case will be sealed by the court.

Cases that were acquitted or dismissed PRIOR to June 12, 2014:

The Respondent must file a motion with the court. Follow same sealing procedure as above.

Cases that were acquitted or dismissed AFTER June 12, 2014:

All records will be sealed by the Court.

Cases that were acquitted or dismissed with prejudice AFTER July 24, 2015:

All records will be sealed by the Court.

Sealing of supervision transfers:

The administrative sealing hearing is only at the court imposing the disposition. If a case is transferred to another county, the case will receive a separate cause number. That cause number must be sealed by standard motion in 13.50.260.

The above is a general overview of the procedures for requesting sealing of juvenile offender records. This overview does not purport to cover all statutes and court rules that may apply to the sealing of juvenile records. Although it is not required, a petitioner may wish to consult an attorney for assistance.        

 

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Page Revised on May 19, 2016 © Thurston County