Record Sealing
LEWIS COUNTY JUVENILE COURT
REQUIREMENTS FOR SEALING/DESTROYING JUVENILE RECORDS
RCW 13.50.050 (selected subsections)
SEALING:
(1) Any motion to seal a juvenile record that is filed after July 1, 1997, must be decided based upon the criteria contained in RCW 13.50.050 in effect after July 1, 1997, regardless of when the conviction occurred.
(12) The court shall grant the motion to seal records made pursuant to subsection (11) of this section 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 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 gross misdemeanors, 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 and the person is at least eighteen years old;
For misdemeanors, 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 and the person is at least eighteen years old;
(b) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;
(c) No proceeding is pending 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.
(13) The person making a motion pursuant to subsection (11) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed.
(14) If the court grants the motion to seal made pursuant subsection (11) of this section, it shall, subject to subsection (23) of this section, order sealed the official juvenile court file, the social file and other records relating to the case as are named in the order. 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.
(15) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and subsection (23) of this section.
(16) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order. Any charging of an adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW.
DESTROYING:
(17) (a) A person eighteen years of age or older whose criminal history consists of only one referral for diversion may request that the court order the records in that case destroyed. The request shall be granted subject to subsection (23) of this section, if the court finds that two years have elapsed since completion of the diversion agreement.
(b) A person twenty three years of age or older whose criminal history consists of only referrals for diversion may request that the court order his record destroyed. The request shall be granted, subject to subsection (23) of this section, if the court finds that all diversion agreements have been successfully completed and no proceeding is pending against the person seeking the conviction of a criminal offense.
(23) No identifying information held by the Washington State Patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section. For the purposes of this subsection, identifying information includes photographs, fingerprints, palm prints, soleprints, toe prints and any other data that identifies a person by physical characteristics, name, birth date or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person’s treatment by the criminal justice system or about the person’s behavior
To download a records request form for sealing/destroying records click here.