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Sealing Juvenile Sex Offense Records in Washington
The impact of juvenile sex offense convictions on the record of a youthful offender can be enormous. Finding work, housing, or even getting into some schools, is difficult if not impossible. But there is finally some good news for those convicted of sex offenses when they were juveniles.
In 2011 the Washington Legislature reinstated the right to petition the Court to have certain juvenile sex offense records sealed in SB 5204. This Legislation will go into effect in the summer of 2011, and will create an opportunity for hundreds of people who have struggled with the impact of a juvenile sex offense conviction on their record to finally have that record sealed.
Historically, Washington had provided a mechanism for juvenile sex offense records to be sealed, but in 1997 the Legislature removed the ability to seal a juvenile sex offense conviction. The Courts have held that those persons who would have been eligible to seal their records when that law into effect in 1997 could still move to seal those records, but any later offenses were barred from sealing their records.
Requirements for Sealing Juvenile Sex Offense Records
The 2011 amendments apply to any motions to seal records for sex offenses that are filed after July 1, 1997. The requirements to seal a sex offense that is a Class A offense are:
- 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;
- No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;
- No proceeding is pending seeking the formation of a diversion agreement with that person;
- The person is no longer required to register as a sex offender under RCW 9A.44.130 or has ((not)) been relieved of the duty to register under RCW 9A.44.143 if the person was convicted of a sex offense;
- 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; and
- Full restitution has been paid.
Waiting Periods
The requirements to seal Class B, C, Gross Misdemeanor, Misdemeanor and diversions have identical requirements except that they must only be in the community two consecutive years without any new offenses, rather than the five years required for Class A Offenses.
No New Criminal Convictions
The new statute requires that the person spend either five or two consecutive years in the community without committing any offense or crime that results in an adjudication or conviction. Where a person does have a subsequent conviction or completed diversion, then that period restarts from that point, and they must wait the requisite period of time.
Removal of Sex Offender Registration
This requirement was not a part of the pre 1997 law and makes it more difficult than it used to be when getting the record of a juvenile sex offense sealed. An additional change brought by the 2011 Amendments was an increase in the waiting period before petitioning for relief from registration for offenders who are 15 years or older at the time they commit they offense and who are convicted of Class A offenses to five years from the two years for other offenses. This provision applies both to those who petition for relief under the juvenile provisions of 9A.44.143 as well as those convicted of Class B, C and Gross Misdemeanor offenses whose registration periods automatically end under 9A.44.140.
Sex with Violence Can't be Sealed
You cannot seal Rape 1, Rape 2 and Indecent Liberties that was "actually" committed with forcible compulsion. Because Indecent Liberties with Forcible Compulsion is a "reduced" charge in the juvenile sentencing scheme relative to certain other offenses, and the words are not rape or molestation, many cases that did not actually involve the use of force were plead to this charge. Recognizing that these offenses might be barred from sealing even though there was no violence involved, the Legislature added the phrase "that was actually committed with forcible compulsion" to the statute. In cases where the charge is a result of the plea negotiations and not a reflection of the true facts, the statement of the respondent on plea of guilty should make this clear.
Restitution Must Be Paid in Full
This does not technically require that all legal financial obligations be paid in full, but the restitution must be paid. Paying off all legal financial obligations is a very good idea unless there is a very good reason, keeping in mind that the petition to seal is discretionary and the Court can refuse the request.
To seal and offense, you must first strike your duty to register. Please review our page on ending the duty to register and fill out our form.
