How to Seal Your Juvenile Record in the State of Washington

ByBurke Brown Attorneys

There’s a common myth that juvenile court records are kept private so that people can’t find out about offenses committed while you were a minor. But in Washington state, that is simply not true. Employers, landlords, and anyone—including potential dating partners–can look up your juvenile court records unless they have been sealed or destroyed.

Regardless of whether you were convicted, and even if your case never went to trial, your juvenile record can reflect the crimes you were accused of. And that record remains fully open to the public until you do something to close the book.

With over 30 years of experience defending juveniles and adults accused of all types of offenses in Washington state, the team at Burke Brown Attorneys, PLLC understands how negative records from the past can damage your future opportunities. We thought it would be helpful to share some information about how to seal your juvenile records. 

Types of Records

Before you can start the process of getting your juvenile records sealed, you need to know which records to address. Your official juvenile court file will include documents such as:

  • Court records like petitions filed, orders issued, and transcripts of proceedings
  • Law enforcement records such as arrest reports and police reports
  • Disposition orders
  • Probation records

These documents are public until you seal them. You may also have records in what is sometimes referred to as a “social file” which may contain information such as reports from probation counselors. These records are not made public, so they do not need to be sealed. In addition, records of diversion agreements that have been successfully completed are supposed to be destroyed automatically by the juvenile court once you turn 18. If they still appear on your record after that time, your attorney can help you request termination from the court.

Potential Consequences

When your juvenile records remain open to the public, they can make your life difficult in numerous ways. Their visibility to potential employers can make them reluctant to hire you. When you file an application for housing or apply for any type of educational program, your background is going to make you compare unfavorably with many other applicants. Your juvenile court record could disqualify you from certain positions in the military or make it difficult to obtain professional licenses. The stigma of criminal charges on your record can also interfere with dating and social relationships.

Eligibility for Sealing Juvenile Records in Washington

The qualifications to have juvenile records sealed depend on the type of offenses involved and other issues. These rules are spelled out in Section 13.50.260 of the Revised Codes of Washington. Lawmakers periodically adjust the eligibility requirements, so it is a good idea to check with an attorney for the current requirements before starting the process.

You may be eligible to apply to have your records sealed if:

  • You don’t have any criminal charges pending against you in either juvenile or adult court
  • You are not currently completing a diversion agreement
  • You do not currently owe restitution to the victim for the case you want to seal
  • You are not required to register as a sex offender

In addition, you will need to be at least 18 years old and have not recently been confined through juvenile rehabilitation administration. Otherwise, the court needs to see that you’ve spent at least two years “in the community without being convicted of any offense or crime.” (The waiting period is five years for a Class A felony.)

You cannot seal records of certain offenses, such as when a juvenile has been found guilty of a sex offense under RCW 9A.44, a serious drug crime that meets the definition of “drug offense” under RCW 9.94A.030, or a “most serious offense” under RCW 9.94A.030 which includes felonies such as manslaughter and vehicular assault. An attorney can help you determine your eligibility.

The Benefits of Sealing a Juvenile Record

Sealing juvenile court records puts the mistakes of the past firmly behind you, allowing you to make a fresh start without being held back. Instead of constantly worrying about what people might find out and whether it could cause you to lose your job, you can focus on moving ahead with life.

As long as you have a court record accessible to the public, the risk of facing discrimination is very real. Closing the door to these records allows you to access new opportunities and a renewed peace of mind.

The Process of Sealing a Juvenile Record in Washington

Once you’ve determined your eligibility, you will need to gather the appropriate documents and file a motion with the court. It is important to provide proper notification to the prosecutor and to demonstrate to the court that you deserve to have your records sealed because you are a valuable part of the community and pose a low risk of committing any offenses in the future.

The process requires a court hearing during which a judge must decide whether the public interest is served by having your records sealed. An attorney may be able to help manage all the requirements and work to convince the court that your records should be sealed.

Recent Changes to the Law

In recent years, lawmakers took steps to allow more individuals to take advantage of the opportunity to put their past behind them by sealing their juvenile court records. For instance, those who paid restitution to victims but still owe fines and court costs may be eligible to have their records sealed. Additionally, those who have not been able to afford to pay restitution can ask the court to modify the requirement and may become eligible to have records sealed.  

The changes also require courts to hold sealing hearings regularly to reduce the wait time. In addition, records are supposed to be sealed automatically if a minor is acquitted after a fact-finding or the charges are dismissed with prejudice (and the state does not appeal the dismissal.)

Burke Brown Attorneys, PLLC Fights to Protect the Future of Those Accused of Wrongdoing 

At Burke Brown Attorneys, PLLC, we are dedicated to helping people move beyond mistakes and misjudgments of the past into a new and brighter future. Sealing juvenile court records could be a key part of the process.

But it’s best to engage in a vigorous defense strategy long before you go to court. To learn about how we can help protect your future if you are facing accusations of a crime, we invite you to contact us for a free consultation. Just call us at 206-933-2414 or visit us online now.