In the state of Washington, juvenile criminal records do not disappear upon the offending party reaching adulthood. However, these records might become eligible for increasingly restricted access when the offender reaches the ages of 18, 21, and 23.
Juvenile and adult records are two separate files, with different rules governing access, so juvenile criminal adjudications will not be found on adult criminal records. Despite this, juvenile criminal adjudications do factor into court sentencing procedures for adults. When juvenile criminal histories become unavailable to the general public, they remain accessible to courts and other investigating government agencies.
Availability of Juvenile Criminal Records
Juvenile records are readily available to the general public. After the subject of a report reaches 18 years of age, however, a sealing meeting will be held by the court pursuant to RCW 13.50.260. Unless the crimes contained in the record consist of sex offenses, drug offenses, or serious crimes against persons as defined by statute, or unless a compelling reason is presented to the court to act otherwise, the court will seal the record. This has the effect of hiding it from public view and according to RCW 13.50.260, “the proceedings shall be treated as if they never occurred.”
If, upon reaching 18 years of age, the subject of the report is serving confinement in the juvenile rehabilitation administration or serving parole, the court will delay such meetings until the subject is released from confinement or completes the term of parole. Even after sealing, the record still exists, but simply will not be available to the public. Subsequent juvenile adjudications will void an order to seal and therefore restore public access to the record, as will subsequent felony convictions as an adult.
Whether sealed or not, no consumer reporting agency may make a report containing juvenile criminal histories after the offender reaches 21 years of age.
When Can Juvenile Criminal Records be Expunged?
Juvenile criminal records consisting of sex offenses, serious crimes against persons, or certain drug offenses are not eligible to be sealed or expunged. Records of offenses that result in diversion (a process of dealing with juvenile offenders outside of a traditional courtroom) may be eligible to be destroyed. If the subject has only one diversion, reaches 18 years of age, has spent two years without subsequent arrests or charges, has completed all terms of diversion of counsel and release, and owes no restitution, those diversion records may be destroyed. Under circumstances in which the offender has more than one diversion record but no adjudications, when that subject reaches 23 years of age, completes the diversion agreement, and has no pending criminal charges, that diversion record may be deleted.
Contact Our Office for Professional Assistance
If you incurred a criminal history as a juvenile and believe you are eligible to have the record expunged or sealed, contact or call The Nahajski Firm at 206-621-0500 for a free and confidential initial consultation. We are happy to help you throughout each step of your case.