RULE GR 15
      DESTRUCTION, SEALING, AND REDACTION OF COURT RECORDS


(a)  Purpose and Scope of the Rule. This rule sets forth a
     uniform procedure for the destruction, sealing, and
     redaction of court records. This rule applies to all court
     records, regardless of the physical form of the court
     record, the method of recording the court record, or the
     method of storage of the court record.

(b)  Definitions.

     (1)  "Court file" means the pleadings, orders, and other
          papers filed with the clerk of the court under a single
          or consolidated cause number(s).

     (2)  "Court record" is defined in GR 31(c)(4).

     (3)  Destroy. To destroy means to obliterate a court record
          or file in such a way as to make it permanently
          irretrievable. A motion or order to expunge shall be
          treated as a motion or order to destroy.

     (4)  Seal. To seal means to protect from examination by the
          public and unauthorized court personnel. A motion or
          order to delete, purge, remove, excise, or erase, or
          redact shall be treated as a motion or order to seal.

     (5)  Redact. To redact means to protect from examination by
          the public and unauthorized court personnel a portion
          or portions of a specified court record.

     (6)  Restricted Personal Identifiers are defined in GR
          22(b)(6).

     (7)  Strike. A motion or order to strike is not a motion or
          order to seal or destroy.

     (8)  Vacate. To vacate means to nullify or cancel.

(c) Sealing or Redacting Court Records.

     (1)  In a civil case, the court or any party may request a
          hearing to seal or redact the court records. In a
          criminal case or juvenile proceedings, the court, any
          party, or any interested person may request a hearing
          to seal or redact the court records. Reasonable notice
          of a hearing to seal must be given to all parties in
          the case. In a criminal case, reasonable notice of a
          hearing to seal or redact must also be given to the
          victim, if ascertainable, and the person or agency
          having probationary, custodial, community placement, or
          community supervision over the affected adult or
          juvenile. No such notice is required for motions to
          seal documents entered pursuant to CrR 3.1(f) or CrRLJ 3.1(f).

     (2)  After the hearing, the court may order the court files
          and records in the proceeding, or any part thereof, to
          be sealed or redacted if the court makes and enters
          written findings that the specific sealing or redaction
          is justified by identified compelling privacy or safety
          concerns that outweigh the public interest in access to
          the court record.  Agreement of the parties alone does
          not constitute a sufficient basis for the sealing or
          redaction of court records.  Sufficient privacy or
          safety concerns that may be weighed against the public
          interest include findings that:

          (A)  The sealing or redaction is permitted by statute;
               or

          (B)  The sealing or redaction furthers an order entered
               under CR 12(f) or a protective order entered under
               CR 26(c); or

          (C)  A conviction has been vacated; or

          (D)  The sealing or redaction furthers an order entered
               pursuant to RCW 4.24.611; or

          (E)  The redaction includes only restricted personal
               identifiers contained in the court record; or

          (F)  Another identified compelling circumstance exists
               that requires the sealing or redaction.

     (3)  A court record shall not be sealed under this section
          when redaction will adequately resolve the issues
          before the court pursuant to subsection (2) above.

     (4)  Sealing of Entire Court File. When the clerk receives a
          court order to seal the entire court file, the clerk
          shall seal the court file and secure it from public
          access. All court records filed thereafter shall also
          be sealed unless otherwise ordered. The existence of a
          court file sealed in its entirety, unless protected by
          statute, is available for viewing by the public on
          court indices. The information on the court indices is
          limited to the case number, names of the parties, the
          notation "case sealed," the case type and cause of
          action in civil cases and the cause of action or charge
          in criminal cases, except where the conviction in a
          criminal case has been vacated, section (d) shall
          apply. The order to seal and written findings
          supporting the order to seal shall also remain
          accessible to the public, unless protected by statute.

     (5)  Sealing of Specified Court Records. When the clerk
          receives a court order to seal specified court records
          the clerk shall:

          (A)  On the docket, preserve the docket code, document
               title, document or subdocument number and date of
               the original court records;

          (B)  Remove the specified court records, seal them, and
               return them to the file under seal or store
               separately. The clerk shall substitute a filler
               sheet for the removed sealed court record. If the
               court record ordered sealed exists in a microfilm,
               microfiche or other storage medium form other than
               paper, the clerk shall restrict access to the
               alternate storage medium so as to prevent
               unauthorized viewing of the sealed court record;
               and

          (C)  File the order to seal and the written findings
               supporting the order to seal. Both shall be
               accessible to the public.

          (D)  Before a court file is made available for
               examination, the clerk shall prevent access to the
               sealed court records.

     (6)  Procedures for Redacted Court Records. When a court
          record is redacted pursuant to a court order, the
          original court record shall be replaced in the public
          court file by the redacted copy. The redacted copy
          shall be provided by the moving party. The original
          unredacted court record shall be sealed following the
          procedures set forth in (c)(5).

(d)  Procedures for Vacated Criminal Convictions. In cases where
     a criminal conviction has been vacated and an order to seal
     entered, the information in the public court indices shall
     be limited to the case number, case type with the
     notification "DV" if the case involved domestic violence,
     the adult or juvenile's name, and the notation "vacated."

(e)  Grounds and Procedure for Requesting the Unsealing of Sealed Records.

     (1)  Sealed court records may be examined by the public only
          after the court records have been ordered unsealed
          pursuant to this section or after entry of a court
          order allowing access to a sealed court record.

     (2)  Criminal Cases. A sealed court record in a criminal
          case shall be ordered unsealed only upon proof of
          compelling circumstances, unless otherwise provided by
          statute, and only upon motion and written notice to the
          persons entitled to notice under subsection (c)(1) of
          this rule except:

          (A)  If a new criminal charge is filed and the
               existence of the conviction contained in a sealed
               record is an element of the new offense, or would
               constitute a statutory sentencing enhancement, or
               provide the basis for an exceptional sentence,
               upon application of the prosecuting attorney the
               court shall nullify the sealing order in the prior
               sealed case(s).

          (B)  If a petition is filed alleging that a person is a
               sexually violent predator, upon application of the
               prosecuting attorney the court shall nullify the
               sealing order as to all prior criminal records of
               that individual.

     (3)  Civil Cases. A sealed court record in a civil case
          shall be ordered unsealed only upon stipulation of all
          parties or upon motion and written notice to all
          parties and proof that identified compelling
          circumstances for continued sealing no longer exist, or
          pursuant to RCW 4.24 or CR 26(j). If the person seeking
          access cannot locate a party to provide the notice
          required by this rule, after making a good faith
          reasonable effort to provide such notice as required by
          the Superior Court Rules, an affidavit may be filed
          with the court setting forth the efforts to locate the
          party and requesting waiver of the notice provision of
          this rule. The court may waive the notice requirement
          of this rule if the court finds that further good faith
          efforts to locate the party are not likely to be successful.

     (4)  Juvenile Proceedings.  Inspection of a sealed juvenile
          court record is permitted only by order of the court
          upon motion made by the person who is the subject of
          the record, except as otherwise provided in RCW
          13.50.010(8) and 13.50.050(23). Any adjudication of a
          juvenile offense or a crime subsequent to sealing has
          the effect of nullifying the sealing order, pursuant to
          RCW 13.50.050(16).

(f)  Maintenance of Sealed Court Records. Sealed court records
     are subject to the provisions of RCW 36.23.065 and can be
     maintained in mediums other than paper.

(g)  Use of Sealed Records on Appeal. A court record or any
     portion of it, sealed in the trial court shall be made
     available to the appellate court in the event of an appeal.
     Court records sealed in the trial court shall be sealed from
     public access in the appellate court subject to further
     order of the appellate court.

(h)  Destruction of Court Records.

     (1)  The court shall not order the destruction of any court
          record unless expressly permitted by statute. The court shall
          enter written findings that cite the statutory authority for the
          destruction of the court record.

     (2)  In a civil case, the court or any party may request a
          hearing to destroy court records only if there is express
          statutory authority permitting the destruction of the court
          records. In a criminal case or juvenile proceeding, the court,
          any party, or any interested person may request a hearing to
          destroy the court records only if there is express statutory
          authority permitting the destruction of the court records.
          Reasonable notice of the hearing to destroy must be given to all
          parties in the case. In a criminal case, reasonable notice of the
          hearing must also be given to the victim, if ascertainable, and
          the person or agency having probationary, custodial, community
          placement, or community supervision over the affected adult or juvenile.

     (3)  When the clerk receives a court order to destroy the entire
          court file the clerk shall:

          (A)  Remove all references to the court records from
               any applicable information systems maintained for
               or by the clerk except for accounting records, the
               order to destroy, and the written findings. The
               order to destroy and the supporting written
               findings shall be filed and available for viewing
               by the public.

          (B)  The accounting records shall be sealed.

     (4)  When the clerk receives a court order to destroy specified
          court records the clerk shall;

          (A)  On the automated docket, destroy any docket code information
               except any document or sub-document number previously assigned to
               the court record destroyed, and enter "Order Destroyed" for the
               docket entry;

          (B)  Destroy the appropriate court records, substituting, when
               applicable, a printed or other reference to the order to destroy,
               including the date, location, and document number of the order to
               destroy; and

          (C)  File the order to destroy and the written findings
               supporting the order to destroy. Both the order
               and the findings shall be publicly accessible.

     (5)  This subsection shall not prevent the routine
          destruction of court records pursuant to applicable
          preservation and retention schedules.

(i)  Trial Exhibits. Notwithstanding any other provision of this
     rule, trial exhibits may be destroyed or returned to the
     parties if all parties so stipulate in writing and the court so orders.

(j)  Effect on Other Statutes. Nothing in this rule is intended
     to restrict or to expand the authority of clerks under
     existing statutes, nor is anything in this rule intended to
     restrict or expand the authority of any public auditor in
     the exercise of duties conferred by statute.


     [Adopted effective September 22, 1989; amended effective
     September 1, 1995; June 4, 1997; June 16, 1998; September 1,
     2000; amended effective October 1, 2002; amended effective July 1, 2006.]