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Sealing and Destruction of Records

 

Sealing and Destruction of Records
Records Personnel

 

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360-397-2201 ext.4034

 

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:

  1. Click on link below
  2. Print the forms
  3. Complete the forms
  4. Sign the Request to Seal or Destroy Juvenile Records and the Receipt of Advice forms
  5. 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.
  6. For sex offenses you must include the Release of Registration requirement provided by the Sheriff’s Department.

Forms: Packet for Individuals Interested In Sealing of Juvenile Record


Sealing of Records

The official juvenile court file of any alleged or proven juvenile offender is open to public inspection unless sealed.

Sealing Juvenile Court Records by motion under RCW 13.50.050(11) and (12):

              In any case in which an Information has been filed 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.

              Identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birthdate 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.

The court shall not grant any motion to seal records unless it finds that:

              (a)          For class A felony offenses,

                                          (i) the person has spent five consecutive years in the community without committing any offense or crime that subsequently results in conviction or adjudication and 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, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition (including deferred disposition),

              (b)          For all class B and C felony offenses, gross misdemeanors, misdemeanors, and diversions,

                                          (i) the person has spent two consecutive years in the community without committing any offense or crime that subsequently results in conviction or diversion since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition (including deferred disposition), or completion of diversion,

              (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 is pending against the person making the motion to seal records;

              (d)          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

              (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 sealed.  No identifying information held by the Washington State Patrol, however, is subject to sealing. The case proceedings 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.

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.

The following criteria is required for the destruction of records:

If a person’s criminal history includes only one Diversion Agreement, then upon its successful completion, the records in the case will be automatically destroyed within 90 days of becoming eligible for destruction. 

Records in a single diversion agreement become eligible for destruction when all five of the following conditions exist:

            (1) The person’s criminal history includes only the Diversion Agreement; 

            (2) The person is 18 years or older;

            (3) Two years have passed since completion of the agreement;

            (4) Restitution is paid in full; and,

            (5) There are no proceedings pending against the person seeking the conviction of a criminal offense.

 

A person 23 years of age or older whose criminal history consists of only referrals for diversion may request that the court order the records in those cases destroyed.  The request shall be granted, 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. No identifying information held by the Washington State Patrol is subject to destruction.

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:  No identifying information held by the Washington State Patrol is subject to destruction.

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Clark County Juvenile Court Administrator: Pat Escamilla
Street Address: 500 West 11th Street, Vancouver, WA 98660
Mailing Address: P.O. Box 5000, Vancouver, WA 98666-5000
Main phone: (360) 397-2201 | FAX: (360) 397-6109
Telecommunications Relay Service: (800) 833-6388, then call (360) 397-2445
E-mail: Pat.escamilla@clark.wa.gov

Responsible Elected Official: Presiding Judge Barbara D. Johnson

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