Volunteer Training 2010Katie Meyer Scott, Executive DirectorStreet Youth Legal Advocates of Washington (SYLAW)

It is never “expunged”Doesn’t go away when you turn 18 Is accessible to the public just like

adult criminal historyMust be disclosed on employment

and other applicationsPublic defenders won’t help you seal

your juvenile records

Court records at the courthouse JIS – online court recordsWashington State Patrol websitePolicePrivate companies like “SafeRent”

and “CriminalSearch.com”

Diversions, Deferred Dispositions, Misdemeanors, Class A, B and C Felonies

Only convictions where restitution, fees, and assessments have been paid in full

Non-conviction dataNo sex offenses (with some pre-1995

exceptions)

DiversionsDeferred Dispositions DismissalsFindings of Not GuiltyArrests that do not lead to conviction

(often show up as a Noncharge)

Diversions: RCW 13.50.050(17) Automatic Destruction for diversions entered

after 6/12/08 if entire record is only one diversion, youth is 18 or older, and 2 years have elapsed from the date of completion of the diversion agreement

Pre-6/12/08 – must request destruction If record consists of multiple diversions, can

request destruction if 23 or older, if diversion agreements are completed and no pending offenses.

Class A felonies—5 years (NEW!) Robbery 1, Assault 1, Kidnap 1, Arson 1

Class B felonies – 2 years Residential burglary, Assault 2, Theft 1, Robbery 2, VUCSA delivery

Class C felonies – 2 years Taking a Motor Vehicle (TMV), Theft 2, VUCSA possession

Misdemeanors – 2 years Assault 4, Theft 3, Minor in Possession of Alcohol (MIP)

Diversions – 2 years (some can be destroyed, see prev. slide) First and second misdemeanors

Deferred Dispositions – automatic w/in 30 days of 18th b-day RCW 13.40.127(10)(b) Must request if you turned 18 before 2008

Time runs from last conviction or release from confinement FOR ANY CRIME.

A little history

Offense Type

Pre-1977 1977-July 1, 1997

1998-2004

2004-June 10, 2010

June 10, 2010

Sex offenses

Not public 2 years Never Never Never

Class A felony

Not public 2 years Never Never 5 years

Class B felony

Not public 2 years 10 years

5 years 2 years

Class C felony

Not public 2 years 5 years

2 years 2 years

Gross Misd.

Not public 2 years 3 years

2 years 2 years

Misd. Not public 2 years 2 years

2 years 2 years

Juvenile convictions may still be sealed if time period has been met

Juvenile sealing may prevent sealing/vacating of adult misdemeanors. This issue hasn’t been tested/challenged yet.

State v. T.K., 139 Wash.2d 320 (1999) If “vested” (at least 2 years passed)

before July 1, 1997, may be eligible to seal

Post-1995, only option is to seek clemency before the pardons board.

RCW 13.50. 050(14)

“Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.”

File Notice and Motion & Declaration with court where juvenile offense was filed

Provide “reasonable” notice of motion to WSP, prosecutor, juvenile court administrator, probation and any arresting agencies (reasonable=6 days in Sno Cty, 14 days in King Cty)

Attend hearing and obtain signed order from judge

Get a certified copy of the order ($$) Provide notice of sealing order to WSP,

prosecutor, juvenile court, probation, and arresting agencies.

Instructions and Forms

SYLAW website http://sylaw.org/recordsealing.html

SYLAW web form http://sylaw.org/app/intake

Washington Court Forms http://www.courts.wa.gov/forms/

“Sealed” records may be viewed by prosecutors and clerks

A new juvenile or adult conviction or adult felony charge will result in unsealing

Sealed records may still show up in commercial databases

Sealing does not restore right to possess a firearm

Monthly free clinic First Monday of Oct, Nov, Feb, April & May at NJP

in Everett First Wednesday of Oct.-May at SCRAP in Seattle

Staffed by SU & UW law students and volunteer attorneys

Contact info@sylaw.org or call 206-659-5029 for more info!

SYLAW Juvenile Record Sealing Clinics