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In any case in which an
information has been filed or a diversion referral has been made, the person
who is the subject of the information or complaint may file a motion with the
court to have the court vacate its order and findings. Pursuant to RCW
13.50.050 (11-14), the court may order the sealing of the official court file,
the social file, and other records of the court and of any other agency in the
case.
The court shall grant the
motion to seal the records if:
- For class B offenses, other
than sex offenses, since the last date of release from confinement or entry
of a disposition order, the person has spent 5 consecutive years in the
community without committing any offense that results in a conviction.
- For class C offenses (gross
misdemeanors & misdemeanors), other
than sex offenses, since the last date of release from confinement or entry
of a disposition order, the person has spent 2 consecutive years in the
community without committing any offense that results in a conviction.
- No proceeding is pending
against the moving party.
- The person has not been
convicted of a class A or a sex offense.
- Full restitution has been
paid.
The person making the motion
shall give reasonable notice to the Prosecuting Attorney's Office and any
other person or agency whose files are sought to be sealed.
If the court grants the motion,
it shall order sealed the official juvenile court file, the social file, and
other records relating to the case.
In order to request the sealing
of juvenile offender records, the respondent must:
- Notify all local law
enforcement agencies in writing of his or her request to seal records as
well as any agency whose records are sought to be sealed.
- Complete the Affidavit,
Motion and Order Sealing Juvenile Offender Records and present it to the
Prosecuting Attorney's Office for 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 Seal Juvenile Offender Records" to all
agencies with whom he or she wishes to have their records sealed.
Failure to do so may result in the records remaining open.
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 a request for sealing of juvenile offender records.
It is recommended that one consult with an attorney prior to requesting the
sealing of juvenile records.
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