S-1908.1 _______________________________________________
SUBSTITUTE SENATE BILL 5733
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By Senate Committee on Human Services & Corrections (originally sponsored by Senators Honeyford, Costa, Long, Sheahan, Hargrove and Hochstatter)
Read first time 03/01/1999.
AN ACT Relating to sealing juvenile records; and amending RCW 13.50.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 13.50.050 and 1997 c 338 s 40 are each amended to read as follows:
(1) This section governs records relating to the commission of juvenile offenses, including records relating to diversions.
(2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to subsection (11) or (12) of this section.
(3) All records other than the official juvenile court file are confidential and may be released only as provided in this section, RCW 13.50.010, 13.40.215, and 4.24.550.
(4) Except as otherwise provided in this section and RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.
(5) Except as provided in RCW 4.24.550, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.
(6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.
(7) The juvenile court and the prosecutor may set up and maintain a central record-keeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central record-keeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central record-keeping system without notification by the diversion unit of the date on which the offender agreed to diversion.
(8) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.
(9) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.
(10)
In any case in which an 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 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, and, subject to subsection (((22))) (23) of
this section, order the sealing of the official juvenile court file, the social
file, and records of the court and of any other agency in the case.
(11) The court shall grant the motion to seal records made pursuant to subsection (10) of this section if it finds that:
(a) For class B offenses other than sex offenses, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent ten consecutive years in the community without committing any offense or crime that subsequently results in conviction. For class C offenses other than sex offenses, 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 conviction;
(b) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;
(c) No proceeding is pending seeking the formation of a diversion agreement with that person;
(d) The person has not been convicted of a class A or sex offense; and
(e) Full restitution has been paid.
(12) If a person seeking the sealing of records for class B offenses, other than sex offenses, files with the court a motion to seal records under subsection (10) of this section after having spent only five years in the community without committing any offense or crime subsequently resulting in conviction, the court has discretion to grant the motion to seal records if the court finds that, in addition to meeting the criteria stated in subsection (11)(b) through (e) of this section:
(a) The person has spent five consecutive years in the community without committing any offense or crime that subsequently resulted in conviction;
(b) Credible evidence displays that a present career path for the person is impeded by the existing record;
(c) The person is at least twenty-one years old; and
(d) The person has lived an exemplary life since committing the last offense or crime.
(13) The person making a motion pursuant to subsection (10) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed.
(((13)))
(14) If the court grants the motion to seal made pursuant to subsection
(10) of this section, it shall, subject to subsection (((22))) (23)
of this section, order sealed the official juvenile court file, 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 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.
(((14)))
(15) 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 subsection (((22))) (23) of this
section.
(((15)))
(16) Any adjudication of a juvenile offense or a crime subsequent to
sealing has the effect of nullifying the sealing order. Any charging of an
adult felony subsequent to the sealing has the effect of nullifying the sealing
order for the purposes of chapter 9.94A RCW. The Washington state patrol
shall develop an automated system to retrieve information after a sealing order
has been nullified.
(((16)))
(17) A person eighteen years of age or older whose criminal history consists
of only one referral for diversion may request that the court order the records
in that case destroyed. The request shall be granted, subject to subsection (((22)))
(23) of this section, if the court finds that two years have elapsed
since completion of the diversion agreement.
(((17)))
(18) If the court grants the motion to destroy records made pursuant to
subsection (((16))) (17) of this section, it shall, subject to
subsection (((22))) (23) of this section, order the official
juvenile court file, the social file, and any other records named in the order
to be destroyed.
(((18)))
(19) The person making the motion pursuant to subsection (((16)))
(17) of this section shall give reasonable notice of the motion to the
prosecuting attorney and to any agency whose records are sought to be
destroyed.
(((19)))
(20) Any juvenile to whom the provisions of this section may apply shall
be given written notice of his or her rights under this section at the time of
his or her disposition hearing or during the diversion process.
(((20)))
(21) Nothing in this section may be construed to prevent a crime victim
or a member of the victim's family from divulging the identity of the alleged
or proven juvenile offender or his or her family when necessary in a civil
proceeding.
(((21)))
(22) Any juvenile justice or care agency may, subject to the limitations
in subsection (((22))) (23) of this section and (a) and (b) of
this subsection, 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 years of age or older, or is eighteen years of age or older and his or her criminal history consists entirely of one diversion agreement and two years have passed since completion of the agreement.
(b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings.
(((22)))
(23) No identifying information held by the Washington state patrol in
accordance with chapter 43.43 RCW is subject to destruction or sealing under
this section. For the purposes of this subsection, identifying information
includes photographs, fingerprints, palmprints, soleprints, toeprints and any
other data that identifies a person by physical characteristics, name,
birthdate or address, but does not include information regarding criminal
activity, arrest, charging, diversion, conviction or other information about a
person's treatment by the criminal justice system or about the person's behavior.
(((23))) (24) Information identifying child victims
under age eighteen who are victims of sexual assaults by juvenile offenders is
confidential and not subject to release to the press or public without the
permission of the child victim or the child's legal guardian. Identifying
information includes the child victim's name, addresses, location, photographs,
and in cases in which the child victim is a relative of the alleged
perpetrator, identification of the relationship between the child and the
alleged perpetrator. Information identifying a child victim of sexual assault
may be released to law enforcement, prosecutors, judges, defense attorneys, or
private or governmental agencies that provide services to the child victim of
sexual assault.
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