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If you are interested in having your juvenile criminal record sealed or destroyed, please read the following information that explains the requirements and restrictions that determine whether or not such action can be taken for your criminal record.
This information is from the Revised Code of Washington (RCW).
Criteria for: |
Sealing of Records | Destruction of Records |
To begin the process of having your Juvenile records sealed or destroyed:
- click on link below
- print the forms
- complete the forms
- SIGN the Request to Seal or Destroy Juvenile Records and the Receipt of Advice forms
- MAIL or HAND DELIVER the Request to Seal or Destroy Juvenile Records and the Receipt of Advice forms to the Juvenile Justice Center for processing.
Forms: Advice of Rights and Request to Seal/Destroy Records
SEALING OF RECORDS
The official juvenile court file of any alleged or proven juvenile offender is open to public inspection unless sealed.
In any case in which Information or a Complaint has been filed with the prosecutor and referred for diversion, 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, if any, and order the sealing of the official juvenile court file, the social file, and records of the court and of any other agency in the case. Except that no identifying information held by the Washington State Patrol is subject to sealing.
The court shall grant the motion to seal records if it finds that:
(a) For class B offenses other than sex offenses, 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 conviction. For class C, misdemeanor and gross misdemeanor offenses other than sex offenses, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent two consecutive years in the community without committing any offense or crime that subsequently results in conviction. For Diversions since the completion of the Diversion Agreement, plus the individual has spent two consecutive years in the community without committing any new offenses or crime that subsequently results in convictions or diversions.
(b) No proceeding is pending against the person making the motion to seal records seeking conviction of a juvenile offense or criminal offense;
(c) No proceeding seeking the formation of a Diversion Agreement with that person.
(d) The person has NOT been convicted of a class A or sex offense; and
(e) Full restitution has been paid.
If the court grants the motion to seal records, the official juvenile court file, the social file, and other records relating to the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the records which are sealed. Except that no identifying information held by the Washington State Patrol is subject to sealing.
Any adjudication of a juvenile offense or a crime after the sealing shall have the effect of nullifying the sealing order. Any charging of an adult felony after the sealing shall nullify the sealing order for the purposes of Chapter 9.94A RCW.
DESTRUCTION OF RECORDS
Please read the appropriate section regarding the destruction of records.
If a person 18 years of age or older :
The following criteria is required for the destruction of records:
- Criminal History--consists of only one(1) referral or diversion
If the criteria has been met, the individual may request the court order the records in that case destroyed.
The following criteria is required for the court to grant the request:
- two(2) years have elapsed since completion of the Diversion Agreement
If the court grants the motion to destroy records, the court shall order the official juvenile court file, the social file, and any other records named in the order to be destroyed.
Please note: Except that no identifying information held by the Washington State Patrol is subject to destruction.
If a person 23 years of age or older :
The following criteria is required for the destruction of records:
- Criminal History--consists of only referrals for diversion
If the criteria has been met, the individual may request the court order the records in that case destroyed.
The following criteria is required for the court to grant the request:
- all Diversion Agreements have been successfully completed
- no proceeding is pending against the person seeking the conviction of a criminal offense
If the court grants the motion to destroy records, the court shall order the official juvenile court file, the social file, and any other records named in the order to be destroyed.
Please note: Except that no identifying information held by the Washington State Patrol is subject to destruction.
