Sealing Records

In order to petition to have a record sealed, the following conditions must be met:   {RCW 13.50.050 (11) and (12)(a-c)}

Class A Offenses (filed on or after July 1, 1997):

    1. Since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition (including deferred disposition), the person has spent five consecutive years in the community without committing any offense or crime that subsequently results in conviction or adjudication;
    2. No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;
    3. No proceeding is pending seeking the formation of a diversion agreement with that person;
    4. 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;
    5. 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; and
    6. Full restitution has been paid.

Class B, C, Gross Misdemeanors and Misdemeanor Offenses; and Diversions:

    1. 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 a diversion agreement, the person has spent two consecutive years in the community without committing any offense or crime that subsequently results in conviction or diversion;
    2. No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;
    3. No proceeding is pending seeking the formation of a diversion agreement with that person;
    4. 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
    5. Full restitution has been paid.

Vacated Deferred Disposition:

    1. If the court vacates a conviction prior to June 7, 2012, the case cannot be sealed under RCW 13.40.127 (10).  The person may file a motion for an order sealing records under RCW 13.50.050.  The court shall seal the case if restitution has been paid and the person is 18 years of age or older at the time of the motion.
In order to automatically seal a vacated deferred disposition, the following conditions must be met:   {RCW 13.40.127(10)}
    1. If the court vacates a conviction when the person is 18 years of age or older and restitution is paid in full, the court shall enter a written order sealing the case.
    2. If the court vacates a conviction when the person is not 18 years of age or older and restitution has been paid in full, then the court shall schedule an administrative sealing hearing to take place no later than 30 days after the person's 18th birthday.  At that hearing, the court shall enter a written order sealing the case.  The person does not have to attend the hearing.
Records sealed under RCW 13.40.127(10) shall have the same legal status as records sealed under RCW 13.50.050.

 Destroying Records

Juvenile records are automatically destroyed when:

A person eighteen years of age or older whose criminal history consists entirely of one diversion agreement or counsel and release entered on or after June 12, 2008, requests that the court order the records in his or her case destroyed.  The request shall be granted, if the court finds:

    1. The person who is the subject of the information or complaint is at least eighteen years of age;
    2. Two years have elapsed since completion of the agreement or counsel and release;
    3. No criminal proceeding is pending against the person; and
    4. There is no restitution owing in the case.
Juvenile records can be petitioned to be destroyed when: A person eighteen years of age or older whose criminal history consists entirely of one diversion agreement or counsel and release entered prior to June 12, 2008, requests that the court order the records in his or her case destroyed.  The request shall be granted, if the court finds:
    1. The person who is the subject of the information or complaint is at least eighteen years of age;
    2. Two years have elapsed since completion of the agreement or counsel and release;
    3. No criminal proceeding is pending against the person; and
    4. There is no restitution owing in the case.
A person twenty-three 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.

Contact Us

Office Hours:
8:30 am - 5:00 pm
Monday - Friday

Office location:
240 NW Vancouver Ave
Stevenson, WA 98648

Mailing address:
PO Box 790
Stevenson, WA 98648

Phone:
(509) 427-3715

Fax:
(509) 427-3719

 

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