Overview Description

Records relating to a person whose criminal history consists entirely of one diversion agreement or counsel and release entered on or after June 12, 2008, will be destroyed so long as the person is at least 18 years old, at least two years have passed since completion of the agreement or counsel and release, and the person is not subject to a disqualifying event. Wash. Rev. Code § 13.50.270(1).

Ineligible Category or Citation

The matter cannot be destroyed if the person has a pending proceeding seeking conviction of a criminal offense or restitution is still owed in the case. Wash. Rev. Code § 13.50.270(1)(a).

Procedure General

The administrative office of the courts will provide a report to the juvenile courts of those individuals whose records can be eligible for destruction. The juvenile court will verify eligibility and notify the Washington State Patrol and the appropriate local law enforcement agency and prosecutor's office of the records to be destroyed. Wash. Rev. Code § 13.50.270(1)(b).

Fees

There is no statutory language regarding fees.

Effect

For the specific effect, see Wash. Rev. Code § 13.50.270.

Waiting Periods

The records should be destroyed within 90 days of when both of the following become true: the person is 18 years old or older, and two years have elapsed since the completion of the agreement or counsel and release. Wash. Rev. Code § 13.50.270(1)(a).

(non-prod server)