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Sealing juvenile records

Sealing juvenile records. Volunteer Training 2010 Katie Meyer Scott, Executive Director Street Youth Legal Advocates of Washington (SYLAW). Juvenile Criminal History -- Dispelling the Myths. It is never “expunged” Doesn’t go away when you turn 18

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Sealing juvenile records

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  1. Sealing juvenile records Volunteer Training 2010 Katie Meyer Scott, Executive Director Street Youth Legal Advocates of Washington (SYLAW)

  2. Juvenile Criminal History --Dispelling the Myths • It is never “expunged” • Doesn’t go away when you turn 18 • Is accessible to the public just like adult criminal history • Must be disclosed on employment and other applications • Public defenders won’t help you seal your juvenile records

  3. Where is Juvenile CriminalHistory Found? • Court records at the courthouse • JIS – online court records • Washington State Patrol website • Police • Private companies like “SafeRent” and “CriminalSearch.com”

  4. Where does it go?

  5. What Juvenile Records Can be Sealed? RCW 13.50.050(11) and (12) • Diversions, Deferred Dispositions, Misdemeanors, Class A, B and C Felonies • Only convictions where restitution, fees, and assessments have been paid in full • Non-conviction data • No sex offenses (with some pre-1995 exceptions)

  6. Non-conviction Data • Diversions • Deferred Dispositions • Dismissals • Findings of Not Guilty • Arrests that do not lead to conviction (often show up as a Noncharge)

  7. What Juvenile Criminal History Can be Destroyed? • 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.

  8. When can Juvenile Records be Sealed? • 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.

  9. A little history

  10. What if you also have Adult Criminal History? • 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.

  11. Class A’s (until 6/10/10) and Sex Offenses • 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.

  12. What does sealing accomplish? 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.”

  13. Process • 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.

  14. 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/

  15. But beware . . . • “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

  16. SYLAW Juvenile Record Sealing Clinics • 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!

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