(1) Since the creation of Washington state's juvenile courts, individuals adjudicated of juvenile offenses have received differing degrees of legal protections related to their juvenile records.

(2) As legal protections for juvenile records expanded and contracted under different Washington legislatures, juvenile records and information related to those records have been disseminated in ways that hinder individuals adjudicated of juvenile offenses from effective reintegration and harm those individuals whose protected information has been shared without recourse or accountability.

(3) To remedy barriers created by the release of juvenile records and information related to those records, the legislature intends to emphasize that former individuals adjudicated of juvenile offenses can seek relief for harm caused by violations of this chapter and grant individuals the right to monetary damages for violations of this chapter.

(4) To provide Washington youth with the finality necessary to effectively protect their records, the legislature further intends to create a process that allows rehabilitated former individuals adjudicated of juvenile offenses the right to destroy juvenile records and information related to those records.

(1)(a) Any person who, directly or by means of an agent, disseminates sealed or destroyed records in violation of RCW 13.50.260 or 13.50.270 shall be subject to legal action for damages, to be brought by the subject of those records, claiming that a violation of RCW 13.50.260 or 13.50.270 has occurred.

(i) A per day penalty of $100 a day for each day since the record is shared in violation of this section without corrective action taken by the person illegally sharing the record or actual damages, whichever is greater; and

(3) For purposes of this section, "person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, any other legal or commercial entity, government, governmental subdivision, agency, municipality, and other legal persons capable of being sued in courts of law.

(1)(a) The court shall hold regular sealing hearings. During these regular sealing hearings, the court shall administratively seal an individual's juvenile record pursuant to the requirements of this subsection. Although the juvenile record shall be sealed, the social file may be available to any juvenile justice or care agency when an investigation or case involving the juvenile subject of the records is being prosecuted by the juvenile justice or care agency or when the juvenile justice or care agency is assigned the responsibility of supervising the juvenile. The juvenile respondent's presence is not required at any administrative sealing hearing.

(b) At ((the))a juvenile disposition hearing ((of a juvenile offender)), the court shall schedule an administrative sealing hearing to take place during the first regularly scheduled sealing hearing after the latest of the following events that apply:

(iii) Anticipated release from confinement at the juvenile rehabilitation administration, or the completion of parole, if the respondent is transferred to the juvenile rehabilitation administration.

(c) The court shall not schedule an administrative sealing hearing at the disposition and no administrative sealing hearing shall occur if one of the offenses for which the court has entered a disposition is at the time of commission of the offense:

(d) At the time of the scheduled administrative sealing hearing, the court shall enter a written order sealing the respondent's juvenile court record pursuant to this subsection if the court finds by a preponderance of the evidence that the respondent is no longer on supervision for the case being considered for sealing and has paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any public or private entity providing insurance coverage or health care coverage. In determining whether the respondent is on supervision or owes restitution, the court shall take judicial notice of court records, including records of the county clerk, and, if necessary, sworn testimony from a representative of the juvenile department.

(e) At the time of the administrative sealing hearing, if the court finds the respondent remains on supervision for the case being considered for sealing, then the court shall continue the administrative sealing hearing to a date within ((thirty))30 days following the anticipated end date of the respondent's supervision. At the next administrative sealing hearing, the court shall again determine the respondent's eligibility for sealing ((his or her))the respondent's juvenile court record pursuant to (d) of this subsection, and, if necessary, continue the hearing again as provided in this subsection.

(f)(i) During the administrative sealing hearing, if the court finds the respondent is no longer on supervision for the case being considered for sealing, but the respondent has not paid the full amount of restitution owing to the individual victim named in the restitution order, excluding any public or private entity providing insurance coverage or health care coverage, the court shall deny sealing the juvenile court record in a written order that: (A) Specifies the amount of restitution that remains unpaid to the original victim, excluding any public or private entity providing insurance coverage or health care coverage; and (B) provides direction to the respondent on how to pursue the sealing of records associated with this cause of action.

(ii) Within five business days of the entry of the written order denying the request to seal a juvenile court record, the juvenile court department staff shall notify the respondent of the denial by providing a copy of the order of denial to the respondent in person or in writing mailed to the respondent's last known address in the department of licensing database or the respondent's address provided to the court, whichever is more recent.

(iii) At any time following entry of the written order denying the request to seal a juvenile court record, the respondent may contact the juvenile court department, provide proof of payment of the remaining unpaid restitution to the original victim, excluding any public or private entity providing insurance coverage or health care coverage, and request an administrative sealing hearing. Upon verification of the satisfaction of the restitution payment, the juvenile court department staff shall circulate for signature an order sealing the file, and file the signed order with the clerk's office, who shall seal the record.

(iv) The administrative office of the courts must ensure that sealed juvenile records remain private in case of an appeal and are either not posted or redacted from any clerks papers that are posted online with the appellate record, as well as taking any other prudent steps necessary to avoid exposing sealed juvenile records to the public.

(2) Except for dismissal of a deferred disposition under RCW 13.40.127, the court shall enter a written order immediately sealing the official juvenile court record upon the acquittal after a fact finding or upon the dismissal of charges with prejudice, subject to the state's right, if any, to appeal the dismissal.

(3) If a juvenile court record has not already been sealed pursuant to this section, in any case in which information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person who is the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any; resolve the status of any debts owing; and, subject to RCW 13.50.050(13), order the sealing of the official juvenile court record, the social file, and records of the court and of any other agency in the case, with the exception of identifying information under RCW 13.50.050(13).

(i) Since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent five consecutive years in the community without committing any offense or crime that subsequently results in an adjudication or conviction;

(iv) 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;

(vi) The person has paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any public or private entity providing insurance coverage or health care coverage.

(i) Since the date of last release from confinement, including full-time residential treatment, if any, entry of disposition, or completion of the diversion agreement, the person has spent two consecutive years in the community without being convicted of any offense or crime;

(iv) 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

(v) The person has paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any insurance provider authorized under Title 48 RCW.

(c) Notwithstanding the requirements in (a) or (b) of this subsection, the court shall grant any motion to seal records of any deferred disposition vacated under RCW 13.40.127(9) prior to June 7, 2012, if restitution has been paid and the person is ((eighteen))18 years of age or older at the time of the motion.

(5) The person making a motion pursuant to subsection (3) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose records are sought to be sealed.

(6)(a) If the court enters a written order sealing the juvenile court record pursuant to this section, it shall, subject to RCW 13.50.050(13), order sealed the official juvenile court record, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred((, and the)). The subject of the sealed records may reply accordingly to any inquiry about ((the events, records of which are sealed))the subject's commission of a juvenile offense, including an inquiry about whether the subject has a disqualifying arrest or adjudication, that the subject does not have a juvenile arrest or adjudication. Any agency shall reply to any inquiry concerning confidential or sealed records that any such records are confidential, and no information can be given about the existence or nonexistence of such records ((concerning an individual)).

(b) In the event the subject of the juvenile records receives a full and unconditional pardon, the proceedings in the matter upon which the pardon has been granted shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about ((the events upon which the pardon was received))the subject's commission of a juvenile offense, including an inquiry about whether the subject has a disqualifying adjudication, that the subject does not have such an adjudication. Any agency shall reply to any inquiry concerning the records pertaining to the events for which the subject received a pardon that any such records are confidential, and no information can be given about the existence or nonexistence of such records ((concerning an individual)).

(c) Effective July 1, 2019, the department of licensing may release information related to records the court has ordered sealed only to the extent necessary to comply with federal law and regulation.

(7) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and 13.50.050(13).

(8)(a) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying a sealing order; however, the court may order the juvenile court record resealed upon disposition of the subsequent matter if the case meets the sealing criteria under this section and the court record has not previously been resealed.

(c) The administrative office of the courts shall ensure that the superior court judicial information system provides prosecutors access to information on the existence of sealed juvenile records.

(d) The Washington state patrol shall ensure that the Washington state identification system provides Washington state criminal justice agencies access to sealed juvenile records information.

(9) If the juvenile court record has been sealed pursuant to this section, the record of an employee is not admissible in an action for liability against the employer based on the ((former juvenile offender's))subject of the sealed juvenile record's conduct to show that the employer knew or should have known of the juvenile record of the employee. The record may be admissible, however, if a background check conducted or authorized by the employer contained the information in the sealed record.

(10) County clerks may interact or correspond with the respondent, ((his or her))the respondent's parents, restitution recipients, and any holders of potential assets or wages of the respondent for the purposes of collecting an outstanding legal financial obligation after juvenile court records have been sealed pursuant to this section.

(11) Persons and agencies that obtain sealed juvenile records information pursuant to this section may communicate about this information with the respondent, but may not disseminate or be compelled to release the information to any person or agency not specifically granted access to sealed juvenile records in this section.

(12) All criminal justice agencies must not disclose confidential information or sealed records accessed through the Washington state identification system or other means, and no information can be given to third parties other than Washington state criminal justice agencies about the existence or nonexistence of confidential or sealed records concerning an individual.

(1)(a) Subject to RCW 13.50.050(13), all records maintained by any court or law enforcement agency, including the juvenile court, local law enforcement, the Washington state patrol, ((and)) the prosecutor's office, and any other state agencies notified regarding automatic record destruction eligibility, shall be automatically destroyed within ((ninety))90 days of becoming eligible for destruction. Juvenile records are eligible for automatic destruction when:

(((ii)))(B) The records in question consist of successfully completed diversion agreements and counsel and release agreements, or both, which were completed on or after June 7, 2018; and

(b) Notwithstanding this subsection (1), records of successfully completed diversion agreements and counsel and release agreements remain subject to destruction under the terms set forth in subsections (2) through (4) of this section, as well as sealing under RCW 13.50.260.

(c) No less than quarterly, the administrative office of the courts shall provide a report to the juvenile courts of those individuals whose records may be eligible for destruction. The ((juvenile)) court shall verify eligibility and notify the Washington state patrol ((and)), the appropriate local law enforcement agency ((and)), the prosecutor's office, and any other entity which it shared the records with of the records to be destroyed. The requirement to destroy records under this subsection is not dependent on a court hearing or the issuance of a court order to destroy records.

(2) All records maintained by any court or law enforcement agency, including the juvenile court, local law enforcement, the Washington state patrol, and the prosecutor's office, shall be automatically destroyed within ((thirty))30 days of being notified by the governor's office that the subject of those records received a full and unconditional pardon by the governor.

(i) A person ((eighteen))18 years of age or older whose criminal history consists entirely of one diversion agreement or counsel and release entered prior to June 12, 2008. The request shall be granted if the court finds that two years have elapsed since completion of the agreement or counsel and release.

(ii) A person ((twenty-three))23 years of age or older whose criminal history consists of only referrals for diversion. 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.

(c) For requests to destroy sealed juvenile records involving a person 23 years of age or older that does involve a serious violent offense as defined under RCW 9.94A.030 or an offense requiring registration under RCW 9A.44.140 that would no longer be considered a point or a fraction of a point in determining the individual's offender score under RCW 9.94A.525, the court shall grant a request to destroy such records if it finds that the subject of the record has rehabilitated such that destruction of the record would not be detrimental to public safety. A court shall not grant a request to destroy a record under this subsection if there is a pending proceeding seeking the conviction of the subject of the record or there is restitution owing in the case related to the record in question. In determining whether to grant a request to destroy records under this section, the court shall consider:

(d) If the court grants the motion to destroy records made pursuant to this subsection, it shall, subject to RCW 13.50.050(13), order the official juvenile court record, the social file, and any other records named in the order to be destroyed. Thereafter, the subject of the records may reply to any inquiry about the events related to the destroyed records, including an inquiry about whether the destroyed record would count as a disqualifying offense on an application, that the subject does not have juvenile records.

(((c)))(e) The person making the motion pursuant to this subsection must give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.

(g) The administrative office of the courts shall send notice to the individuals that may request record destruction under this subsection within 90 days of the individual's ability to request destruction.

(4) Any juvenile justice or care agency may, subject to the limitations in RCW 13.50.050(13) and this section, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.

(a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained ((twenty-three))23 years of age or older or pursuant to subsection (1) of this section.

(5) For purposes of this section, a record is destroyed when the document or file is permanently irretrievable, and any connection between a juvenile arrest or adjudication to the individual associated with such record is completely removed from any agency system such that there is no way to link an individual to the commission of, or an arrest for, a juvenile offense.

(b) The juvenile court shall keep a confidential juvenile destruction docket that must include the information included in (a) of this subsection and the name and date of birth of the subject of the juvenile records. Information held in the confidential juvenile destruction docket can only be reviewed and shared with the subject of the record who needs information related to the destruction of the record.