Advice Of Rights Regarding Juvenile Records {JU 07.0820}

Advice of Rights re Juvenile Records (ADR) - Page 1 of 3 WPF JU 07.0820 (06/2018) - RCW Title 13.50, RCW 13.40.127(10) Superior Court of Washington County of Juvenile Court STATE OF WASHINGTON v. Respondent. D.O.B.: No: Advice of Rights Regarding Juvenile Records (ADR) I. Sealing of Records 1.1 The official juvenile court file of any alleged or proven juvenile offender is open to public inspection unless sealed. 1.2 Administrative Sealing: The Respondent is eligible for administrative sealing of the court records in the case if: none of the offenses is a 223Most Serious Offense224 (as defined in RCW 9.94A.030), a 223Sex offense224 (as defined in RCW 9.44), or a felony drug offense under RCW 69.50 (except Possession of Controlled Substance and/or Forged Prescription). the respondent has completed the terms and conditions of disposition, including affirmative conditions and has paid in full the 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. An administrative sealing hearing must be set for the first regularly scheduled administrative sealing hearing after the latest of either the respondent222s 18th birthday, the anticipated end of community supervision, or, if JRA is imposed, the anticipated end of the commitment and any anticipated parole. The respondent is not required to appear at the administrative sealing hearing. At the administrative sealing hearing, the juvenile court will seal the case unless the court finds: (1) respondent failed to comply with the terms of the disposition; or (2) there is an objection to the sealing or a compelling reason not to seal. If there is an objection or compelling reason, the court will set a contested hearing for a date no sooner than 18 days after notice of the hearing and opportunity to object is sent to the respondent, the victim, and respondent222s attorney. At the contested hearing, the court decides whether or not to seal the court record. Nothing prevents respondent from asking the court to seal this case pursuant to RCW Title 13.50 or GR15. American LegalNet, Inc. www.FormsWorkFlow.com Advice of Rights re Juvenile Records (ADR) - Page 2 of 3 WPF JU 07.0820 (06/2018) - RCW Title 13.50, RCW 13.40.127(10) 1.3 Sealing Juvenile Court Records by motion under RCW Title 13.50.260. In any case in which an Information has been filed or a complaint has been filed with the prosecutor and referred for diversion, 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, and 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. Except that no identifying information held by the Washington State Patrol is subject to sealing. The court shall not grant any motion to seal records unless it finds that: (a) For class A felony offenses, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition (including deferred disposition), the person has spent five consecutive years in the community without committing any offense or crime that subsequently results in conviction or adjudication and the person has not been convicted of rape in the first degree, rape in the second degree, or indecent liberties that was actually committed with forcible compulsion. For all class B and C felony offenses, gross misdemeanors, misdemeanors, and diversions, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition (including deferred disposition), or completion of diversion, the person has spent two consecutive years in the community without committing any offense or crime that subsequently results in conviction or diversion. (b) No proceeding is pending against the person making the motion to seal records seeking conviction of a juvenile offense or criminal offense; (c) No proceeding seeking the formation of a Diversion Agreement is pending against the person making the motion to seal records; (d) 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 (e) 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. If the court grants the motion to seal records, the official juvenile court file, the social file, and other records relating to the case shall be sealed. No identifying information held by the Washington State Patrol, however, is subject to sealing. The case proceedings shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the records which are sealed. However, county clerks may interact or correspond with the respondent, respondent222s parents, and any holders of potential assets or wages of the respondent for the purposes of collecting any outstanding legal financial obligations even after juvenile court records have been sealed. Any adjudication of a juvenile offense or a crime after the sealing shall have the effect of nullifying the sealing order. Any charging of an adult felony after the sealing shall nullify the sealing order for the purposes of Chapter 9.94A RCW. 1.4 Sealing Vacated Deferred Disposition Records under RCW 13.40.127(10): If the court vacates a conviction when the person is 18 years of age or older and restitution owing to the individual victim named in the restitution order, excluding restitution owed to any insurance provider authorized under Title 48 RCW, is paid in full, the court shall enter a written order sealing the case If the court vacates a conviction when the person is not 18 years of age or older and restitution has been paid in full, then the court shall schedule an administrative sealing hearing to take place American LegalNet, Inc. www.FormsWorkFlow.com Advice of Rights re Juvenile Records (ADR) - Page 3 of 3 WPF JU 07.0820 (06/2018) - RCW Title 13.50, RCW 13.40.127(10) no later than 30 days after the person222s 18th birthday. At that hearing, the court shall enter a written order sealing the case. The person does not have to attend the hearing. Records sealed under RCW 13.40.127(10) shall have the same legal status as records sealed under RCW 13.50.050. Sealing by motion: If a person222s records were vacated prior to June 7, 2012, the case cannot be sealed under RCW 13.40.127(10). The person may file a motion for an order sealing records under RCW 13.50.050. The court shall seal the case if restitution has been paid and the person is 18 years of age or older at the time of the motion. RCW 13.50.050(12)(c). II. Destruction of Records 2.1 If a person222s criminal history includes Diversion Agreements, then upon successful completion, the records in the case will be automatically destroyed within 90 days of becoming eligible for destruction. Records become eligible for destruction when all of the following conditions exist: (1) The person is 18 years or older; (2) The records consist of successfully completed diversion agreements or counsel and release agreements, or both, completed on or after June 7, 2018; and, (3) Restitution is paid in full. 2.2 A person 23 years of age or older whose criminal history consists of only referrals for diversion may request that the court order the records in those cases destroyed. 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. No identifying information held by the Washington State Patrol is subject to destruction. 2.3 If the court grants the motion to destroy records, the court shall order the official juvenile court file, the social file, and any other records named in the order to be destroyed. No identifying information held by the Washi