Volunteer Training 2010 Katie Meyer Scott, Executive Director Street Youth Legal Advocates of Washington (SYLAW)

 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

 Court records at the courthouse  JIS – online court records  Washington State Patrol website  Police  Private companies like “SafeRent” and “CriminalSearch.com”

Conviction courthouseInternet Private companies Internet Washington State Patrol FBIinternetJRA/Detention

 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)

 Diversions  Deferred Dispositions  Dismissals  Findings of Not Guilty  Arrests that do not lead to conviction (often show up as a Noncharge)

 Diversions: RCW (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.

 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 18 th b-day  RCW (10)(b)  Must request if you turned 18 before 2008 Time runs from last conviction or release from confinement FOR ANY CRIME.

A little history Offense Type Pre July 1, June 10, 2010 Sex offenses Not public2 yearsNever Class A felony Not public2 yearsNever 5 years Class B felony Not public2 years10 years5 years2 years Class C felony Not public2 years5 years2 years Gross Misd.Not public2 years3 years2 years Misd.Not public2 years

 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.

 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.

RCW (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.”

 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.

Instructions and Forms  SYLAW website   SYLAW web form   Washington Court Forms 

 “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

 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 or call for more SYLAW Juvenile Record Sealing Clinics