SEALING JUVENILE COURT RECORDS
by Jennifer Shaw    

     There is a myth that still persists in both the legal and lay communities that once a juvenile offender turns 18, his record of criminal misdeeds vanishes and he is given a "clean slate" with which to begin his adult life. 

     Nothing could be further from the truth. 

     Over the past ten years, our legislature has amended the juvenile criminal laws to such a degree that it is hard now to tell the difference between the juvenile and the adult criminal system. Certain juveniles are automatically sent to the adult system. RCW 13.04.030. Punishment for other offenses has become much harsher. RCW 13.40.0357. But perhaps the cruelest change came in 1997 when the legislature drastically limited the courts' ability to seal juvenile felony records. RCW 13.50.050.

     Consider the following situation: a 15-year-old with a serious drug addiction sells a small amount of crack to an undercover police officer. He is convicted of delivering cocaine, serves a term of confinement and enters a drug treatment program. Over the next three years he works hard in treatment, remains clean and sober, engages in counseling, reunites with his family, completes his high school diploma and participates in a job training program. 
At age 18 he has drastically changed his life. But when he fills out a job application, he has to disclose that he has been convicted of a felony. He cannot petition the court to seal his juvenile records until he has spent ten crime-free years in the community after completing his term of confinement and residential treatment. How many employers or colleges will be interested in taking a risk on a convicted drug felon?

     Or imagine a girl who was the victim of a sexual assault as a young child. She never told anyone about the abuse and when she was 13 she molested a boy while babysitting. When confronted with the molestation, she fully confesses, discloses the abuse she experienced and promptly enrolls in a treatment program. Later she pleads guilty to one count of child molestation and is sentenced under the Special Sex Offender Disposition Alternative (RCW 13.40.160(3)). Over the next few years she completes the treatment program and an extended term of probation. 

     While her therapist and probation officer are confident that this girl will not re-offend and poses little or no risk to the community, she will never be able to have the child molestation conviction removed from her record. For the rest of her life, she must disclose that she is a convicted sex offender to employers, educational institutions, volunteer organizations and any other entity entitled to ask.

     Under our current law, a juvenile may only obtain a "clean slate" in certain limited circumstances through a concerted effort and the permission of the courts. And in some cases, the juvenile's offense record will follow him for the rest of his life. As a result, it is important that the juvenile and his family are fully aware of the potential impact a juvenile conviction will have on the young person's future record. 

Destruction of Juvenile Records

     Only a few very minor juvenile offense records can be destroyed under current law. If the criminal history consists of only one diversion¹ the juvenile can request that the court order the destruction of that record after the juvenile has reached age 18 and after two years have elapsed since the completion of the diversion contract. RCW 13.50.050(17). If the record consists of more than one diversion, the offender must wait until age 23 and have no adult convictions or pending adult criminal charges before she can ask the court to destroy the records. RCW 13.50.050 (18).

     The law does not permit the destruction of any other juvenile criminal history records.

Sealing Juvenile Records

     Records that cannot be destroyed may be sealed if the former juvenile offender can meet a list of conditions. An order sealing the records makes the files inaccessible to the public and the juvenile proceedings are treated "as if they never occurred…" RCW 13.50.050(14). Access to the sealed files may only be permitted by the court. RCW 13.50.050(15). However, the seal order will be nullified if the person is convicted of a subsequent juvenile or adult criminal offense. RCW 13.50.050(16). 

Waiting Period

     In order to qualify for sealing, the offender must have completed all of the conditions of his disposition order including paying the restitution in full. He must not have any pending charges in either juvenile or adult court. He must not ever have been convicted of a Class A or sex offense as either a juvenile or an adult. And he must have spent the following time periods in the community, crime-free, from the last date of his release from confinement, including residential treatment:

1. Ten years for Class B offenses; 

2. Five years for Class C offenses; 

3. Three years for gross misdemeanors;

4. Two years for misdemeanors and diversions.

     Additionally, the offender must be at least 18 years of age in order to seal gross misdemeanor, misdemeanor or diversion records. RCW 13.50.050(12).

Records that Cannot be Sealed

     The court cannot seal juvenile records involving any Class A felony, any sex offense, or any offense that was adjudicated in adult court even though the offender was under the age of 18 at the time of the conviction. RCW 13.50.050(12). Additionally, an order sealing or destroying records does not affect the identifying and arrest records maintained by the Washington State Patrol pursuant to RCW 43.43.

     The Juvenile Justice Act was enacted in 1977 as a means of addressing the special needs of juvenile offenders. The Washington legislature understood that juvenile offenders are different from adult offenders and should be treated differently. When juveniles made mistakes under the earlier versions of the Act, they were punished and given an opportunity for rehabilitation. Except for the most serious offenses, juveniles were also given an opportunity to clear their records after demonstrating their rehabilitation. 

     The current law seems most interested in labeling young offenders and making sure that they will never out grow their adolescent misdeeds. Until the law is changed and we once again accept the fact that juveniles can learn from their mistakes, it is vital that attorneys counseling young people and their families fully consider and advise their clients of the potential lifetime consequence of a juvenile conviction.

¹In juvenile court, certain misdemeanors can be processed outside of the criminal justice system by "diversion committees." The juvenile offender appears before the committee, admits that she committed the offense and then enters into a diversion contract with the diversion committee. The contract may require the juvenile to perform community service, pay a fine or restitution, attend counseling or an appropriate training course. A diversion is counted as criminal history in juvenile court but it is not counted in adult court. RCW 13.40.080.

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