Background:

Sex Offenses Requiring Registration.

Under the registration provisions, a person must register if he or she has been convicted of a sex or kidnapping offense. The definition of a "sex offense" under the sex offender registration provisions is broader than the definition under the Sentencing Reform Act, which only applies to adults. For the purpose of registration, a sex offense is defined as:

any offense defined as a sex offense under the Sentencing Reform Act (only felony offenses, including felony offenses with a finding of sexual motivation);
Failure to Register, where the offender has at least one prior offense for Failure to Register;
Sexual Misconduct with a Minor in the second degree (gross misdemeanor);
Communication with a Minor for Immoral Purposes (felony or gross misdemeanor);
any federal or out-of-state conviction for an offense that under the laws of Washington would be classified as a sex offense under the offender registration provisions; or
any gross misdemeanor under the anticipatory offenses such as attempt, solicitation, or conspiracy.

A kidnapping offense is defined as follows, where the victim is a minor and the offender is not the minor's parent:

Kidnapping in the first or second degree;
Unlawful Imprisonment;
any anticipatory offenses for Kidnapping or Unlawful Imprisonment; or
any federal or out-of-state conviction for an offense that under the laws of Washington would be classified as a kidnapping offense.

Relief from Registration.

A person who committed his or her offense as a juvenile may petition the court to be relieved from the duty to register if at least 24 months have passed since the adjudication for the offense giving rise to the duty to register, and the petitioner has not been adjudicated of any additional sex or kidnapping offenses or the offense of Failure to Register.

If the petitioner was age 15 or older at the time of the offense, he or she must show sufficient rehabilitation by clear and convincing evidence. If the offender was under the age of 15, he or she must show sufficient rehabilitation by a preponderance of the evidence. In making its determination of whether there is sufficient rehabilitation, the court may consider the following factors:

the nature of the offense, including the number of victims and length of the offense history;
any subsequent criminal history;
the petitioner's compliance with supervision requirements;
the length of time since the charged incident(s) occurred;
any input from community corrections officers, law enforcement, or treatment providers;
participation in sex offender treatment;
participation in other treatment and rehabilitative programs;
the offender's stability in employment and housing;
the offender's community and personal support system;
any risk assessments or evaluations prepared by a qualified professional;
any updated polygraph examination;
any input from the victim; and
any other factors deemed relevant by the court.

Sealing Juvenile Records.

The "official juvenile court file" is the legal file of the juvenile court containing petitions, information, motions, memorandums, briefs, findings of the court, and court orders. The social file is the juvenile court file which contains the records and reports of a probation counselor. Juvenile records are a combination of the official juvenile court file, the social file, and the records of any other juvenile justice or care agency regarding a particular case.

In order to request that his or her juvenile records be sealed, a person must file a motion with the superior court. Courts do not have the authority to issue an order sealing the record of an adjudication for a sex offense. The court does have discretion to order sealed the following records:

class A offenses where the person has spent five consecutive years since the last date of release from confinement, full-time residential treatment, or entry of disposition in the community without being convicted of any offense or crime; and
class B, class C, gross misdemeanor, and misdemeanor offenses and diversions where the person has spent two consecutive years since the last date of release from confinement, full-time residential treatment, or entry of disposition in the community without being convicted of any offense or crime.

In addition, the court cannot order juvenile records sealed if there is: a proceeding pending against the moving party seeking his or her conviction for a juvenile or criminal offense; a proceeding pending seeking the formation of a diversion agreement with that person; and full restitution has not been paid.

If the court grants the motion to seal, the order to seal covers the juvenile court file, the social file, and other records relating to the case as are named in the order. The order to seal means the proceedings in the case can be treated as though they never occurred and the subject of the records may reply accordingly to any inquiry about the events contained in the record.