Can Juvenile Records Be Sealed in Washington State?

A juvenile criminal record can follow someone long after a case is over. In Washington, juvenile court records generally remain open to public inspection unless they are sealed. Fortunately, state law provides a process for sealing many juvenile records, potentially limiting the impact of a past case on employment, housing, education, and other opportunities.

When Are Juvenile Records Sealed in Washington?

Washington law provides for both administrative sealing in certain cases and sealing after a person files a motion with the court.

Under RCW 13.50.260, courts hold regular administrative sealing hearings. For qualifying cases, a sealing hearing is generally scheduled after the latest applicable event, such as the juvenile turning 18, completing probation, or being released from confinement or completing parole. To administratively seal an eligible record, the court must generally find that the person is no longer under supervision for the case and has paid restitution owed to an individual victim as required by the statute.

Not every offense qualifies for this administrative process. For example, the statute excludes certain offenses classified as most serious offenses, sex offenses, and drug offenses from automatic administrative sealing. That does not necessarily mean that every such juvenile record can never be sealed. Different requirements may apply when a person petitions the court.

Can You Ask the Court to Seal an Older Juvenile Record?

Yes. If a juvenile record has not already been sealed, a person may be able to file a motion requesting that the court seal it. The time in which you can file a motion depends on the offense with which you were charged with.

For Class B and Class C felonies, gross misdemeanors, misdemeanors, and diversions, Washington law generally requires two consecutive years in the community without being convicted of another offense or crime, measured from the applicable starting point specified by statute. There also cannot be certain pending criminal or diversion proceedings, and qualifying restitution must be paid.

For a Class A felony, the waiting period is generally five consecutive years in the community without an offense or crime resulting in an adjudication or conviction. Additional restrictions apply, including limitations involving certain serious sex offenses and sex-offender registration requirements.

Because eligibility depends heavily on the particular offense and the history of the case, it is important to review the juvenile record before assuming it can, or cannot, be sealed.

What Happens After a Juvenile Record Is Sealed?

Sealing a juvenile record can provide significant benefits. Under Washington law, once the court enters a sealing order, the covered proceedings are generally treated as though they never occurred, and the person may respond accordingly to inquiries about those events. Access to the sealed records is also significantly restricted.

However, sealing does not necessarily mean the records are physically destroyed. Washington has separate rules governing when certain juvenile records may be destroyed.

A sealing order can also potentially be nullified by later criminal activity. For example, a subsequent juvenile adjudication or criminal conviction can nullify a sealing order, and being charged with an adult felony can also have that effect.

Talk to a Seattle Juvenile Defense Attorney About Record Sealing

If you or your child has a juvenile record in Seattle or elsewhere in Washington, it may be worth determining whether the record is eligible to be sealed. King County provides specific forms and procedures for people seeking to seal juvenile court records.

A Seattle criminal defense attorney can review the underlying case, determine whether Washington’s juvenile record sealing requirements have been satisfied, and help pursue the appropriate court order. Taking steps to seal an eligible juvenile record can help prevent a mistake made at a young age from creating unnecessary obstacles years later.

Contact Black & Askerov for Help

The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience helping juveniles who have been accused of committing a crime. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!

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