Overview Description

Records relating to the completion of a diversion agreement will be sealed so long as the person has spent two consecutive years in the community and is not subject to any disqualifying event. Wash. Rev. Code § 13.50.260(4)(b).

Ineligible Category or Citation

The diversion matter cannot be sealed if the person: has been subsequently convicted of any offense or crime within the two years prior to filing the petition; has a pending adjudication or adult criminal proceeding; has a pending proceeding seeking the formation of a diversion agreement; has to register as a sex offender and has not been relieved of the duty to register; or has not paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any insurance provider. Wash. Rev. Code § 13.50.260(4)(b).

Procedure General

The petition must be filed with the court. Wash. Rev. Code § 13.50.260(3). For the specific procedure, see Wash. Rev. Code § 13.50.260(4), (5).

 

Fees

There is no statutory language regarding fees.

Effect

If the petition is granted, the juvenile court record will order the official juvenile court record, the social file, and other records relating to the case as are named in the order sealed. Wash. Rev. Code § 13.50.260(3).

Upon the record being sealed, the proceedings in the case will be treated as if they never occurred, and the subject of the records can reply accordingly to any inquiry about the events. Any agency will reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual. Wash. Rev. Code § 13.50.260(6)(a).

For information on how a record can be unsealed, see Wash. Rev. Code § 13.50.260(8).

For further information on the effect, see Wash. Rev. Code § 13.50.260(6)-(11).

Waiting Periods

The petition can be filed after the person has been in the community for two consecutive years since the completion of the diversion agreement. Wash. Rev. Code § 13.50.260(4)(b)(i).

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