Criminal History and Criminal Records

Court Records

Court records are maintained by the clerk of each separate court. A court can only address requests made concerning records of cases filed in that court. If you were charged with crimes in several different courts, you will need to make your request to each separate court.

Court records consist of the documents filed by the prosecutor, you or your attorney, court orders and some probation reports. If you were convicted of a crime, the court record will contain a disposition order or judgment and sentence that will specify what crimes you were found to have committed and what punishment was imposed. If you were acquitted of charges, the court record will indicate that the action was dismissed. A record of dismissal will also be present if the court determined that the charges should not go forward.

Criminal court records, like court hearings, are generally open to the public. Whether a court record of conviction may be vacated, sealed, or destroyed depends upon the type of conviction (felony or misdemeanor), and the court where the conviction was obtained (juvenile or adult).

The vacating, sealing, or destroying of a court record does not necessarily change or delete the records maintained by law enforcement agencies, the Department of Licensing or other government agencies. Requests to change or delete records maintained by other agencies should be made to that agency.

Juvenile Court Records

If you were found guilty of an offense in juvenile court, you may ask the court to seal the records of conviction by filing a motion with the court. You must provide a copy of the motion (request) to seal the record to the prosecuting attorney. Notice to the Washington State Patrol is also advisable. You may also be required to notify the victim. Forms requesting that the court seal your juvenile record are available from the court or by calling the Administrative Office of the Courts at (360) 705-5328.

The court may grant your request in cases where the sentence was announced after July 1, 1995, if:

• your offense was not a sex offense or a Class A felony;

• since you were last released from confinement, you have spent a specified number of years in the community (five years for a Class B felony, two years for a Class C felony, two years for a gross misdemeanor or a misdemeanor or a diversion agreement) without committing any offense or crime that resulted in a conviction,

• no proceedings are pending against you seeking the conviction of a juvenile offense or a criminal offense,

• no proceeding is pending against you seeking the formation of a diversion agreement,

• you have paid all restitution.

Once your record is sealed, your case is treated as if it never occurred and you may state that you were not convicted of that offense. The records will be unsealed, however, if you are found guilty of a juvenile offense or a crime after the court granted your request to seal the record or if you are charged with a felony after the court has granted your request to seal the record.

If you enter into a deferred disposition of a juvenile case, and you fully complete all of the conditions of supervision and pay full restitution, your conviction will be vacated by the court and the case dismissed (unless it is a conviction of animal cruelty in the first degree.) The case records will also be sealed by the court within 30 days of your 18^th birthday if you turn 18 on or after July 26, 2009. If you turned 18 before July 26, 2009 and have had a deferred disposition vacated by the court, and do not have any charges pending, you may ask the court to seal the case.

If you are 18 years old and your only criminal history is a single juvenile diversion agreement or counsel and release entered into before June 12, 2008, you may request that the court destroy its record in the matter if two years have passed since your diversion or counsel and release was completed. If your single juvenile diversion agreement or counsel and release was entered into on or after June 12, 2008, the court will automatically destroy its records if two years have passed since the diversion or counsel and release was completed and you have no criminal matter pending and you do not owe any restitution. If your only criminal history consists of more than one referral for diversion, you may request that the court destroy its records in the matters if you are at least 23 years old and you have no pending criminal matters.

Adult Court Records

Sealing or Destruction. There is currently no statute that would allow for destruction of a court record from a proceeding involving a criminal action against an adult. However, sealing may be ordered by the court when a conviction is vacated or for compelling privacy or safety concerns that outweigh the public interest in access to the court records.

Vacating Felonies. RCW's 9.92.066, 9.95.240 and 9.94A.640 allow for the vacating of some felony convictions. You may request, by motion, that the court vacate the conviction. Such a motion may only be granted if:

• you have completed your sentence and you have been discharged,

• there are no criminal charges pending against you in any court of this state, or another state, or in any federal court,

• your conviction was for a nonviolent offense, and was not an offense defined as a "crime against a person",

• since you were issued a discharge, you have spent a specified number of years in the community (10 years for a Class B felony and certain Class C driving offenses, 5 years for most Class C felonies) without committing any offense or crime that resulted in a criminal conviction.

Vacating Misdemeanors. RCW Chapter 9.96 authorizes the court to vacate misdemeanor and gross misdemeanor convictions. You may request by motion that the court vacate your conviction if at least three years have elapsed since the completion of your sentence, including any period of probation (five for domestic violence convictions) and:

• You have no pending criminal charges or new convictions.

• Your offense was not violent as defined by RCW 9.94A.030, or an attempt at such an offense.

• The offense did not involve driving while intoxicated or a related offense.

• The offense was not a sex offense.

• You have satisfied all conditions of your sentence.

• You have not had another conviction vacated.

• You have not been the subject of a protection, no-contact or restraining order within the last five years.

Forms requesting that the court vacate your misdemeanor or gross misdemeanor conviction may be obtained from the court or from the Administrative Office of the Courts at (360) 705-5328. There are no forms available for the purpose of requesting that the court vacate your felony conviction. You may wish to consult an attorney for further assistance with regard to the vacation of a felony conviction.

Effect of Vacating Conviction. Once the court vacates the record of conviction, you may state that you have never been convicted of that crime. However, when the court vacates the record of conviction, the court file is not destroyed.

If you received a deferred sentence and successfully completed probation, you may need to file a motion with the court for dismissal.