Full Answer
The process of sealing your California juvenile records under Welfare and Institutions Code 781 takes, on average, eight to ten months. You file your petition in the California juvenile court in the county in which you were most recently convicted. Most likely, you won’t even need to go to court yourself.
If your records are only in one county, then the probation department will have 90 days to review your forms and let the court know if you are eligible to seal your record. If you have cases in more than one county, the probation department has 180 days to do that review.
There are two situations in which your juvenile record may be reopened even after it has been sealed: If you are a party to a defamation civil lawsuit, your juvenile record may be opened and admissible as evidence during the proceedings. Once the lawsuit is resolved, the records will once again be sealed. 5
Go online to find who to contact to seal your records in your county. If you have records in more than one county, contact the county with the most recent records. If you have records in more than one county, you should contact the county with the most recent records.
People are often surprised to learn that their juvenile conviction in Washington State was not automatically removed, destroyed, or deleted from their record when they turned 18.
We seal juvenile criminal records in King County, Snohomish County, Pierce County, Kitsap County and Thurston County, including the city courts of Seattle, Bellevue, Tacoma, Everett, Kent, and Olympia, Washington.
If the eligibility requirements are met, a motion may be filed with the WA State court to seal the file. If granted, the official juvenile court file, the social file, and other records relating to the case will be sealed. This means that the case will be treated as if it never occurred and you do not have to disclose the conviction ...
An important part of our job is to demonstrate to the judge that you are a productive member of society and that your risk of re-offending is low .
No, vacating and expunging are options that apply to adult court in Washington State. The good news is that sealing a juvenile record is a better outcome than a vacate or expunge, as the existence of the entire case will be removed from public record (including criminal background checks).
However, if there is a future conviction, the case may no longer be sealed.
There is not a diversion agreement in progress
The process of sealing your California juvenile records under Welfare and Institutions Code 781 takes, on average, eight to ten months. You file your petition in the California juvenile court in the county in which you were most recently convicted. Most likely, you won’t even need to go to court yourself.
then you may petition the court to seal your juvenile record at any time. That is, it is not necessary that you have turned 18 or that five years have passed since the jurisdiction of the juvenile court terminated. 14
If you have a California juvenile criminal record , you should strongly consider applying to have it sealed under Welfare and Institutions Code 781 WIC.
A prosecutor may access a sealed juvenile record for the purpose of locating and disclosing exculpatory evidence in a criminal case. (See AB 2952 ).
Sealing your juvenile criminal record will prevent prospective employers, state licensing agencies, lenders, landlords, and school officials from discriminating against you because of mistakes you made when you were young.
California Welfare and Institutions Code 203 — Order adjudging minor ward of juvenile court; effect; proceedings. (“An order adjudging a minor to be a ward of the juvenile court shall not be deemed a conviction of a crime for any purpose, nor shall a proceeding in the juvenile court be deemed a criminal proceeding.”)
When the court grants your petition to “seal” these records under Welfare and Institutions Code 781, it closes your file so that the documents in it essentially cease to exist. They are no longer public records.
If your records are only in one county, then the probation department will have 90 days to review your forms and let the court know if you are eligible to seal your record. If you have cases in more than one county, the probation department has 180 days to do that review. The court will review your application.
In many counties there is a fee for sealing your record if you are 26 years of age or older. If you cannot afford the fee, you can ask for a fee waiver.
If your records were not sealed automatically by the court, you will need to ask the court to seal your records. If your case was dismissed before January 1, 2015, it is very likely you will need to do this. In most counties, you will need to contact the probation department to have your records sealed, and that department will help you to file a petition. You can find step-by-step instructions for asking the court to seal your records on the form How to Ask the Court to Seal Your Records ( Form JV-595-INFO ). Go online to find who to contact to seal your records in your county. If you have records in more than one county, contact the county with the most recent records. If you have records in more than one county, you should contact the county with the most recent records.
If your records were sealed by the court when the case was dismissed, the prosecutor and others can look at your record to determine if you are eligible to participate in a deferred entry of judgment or informal supervision program.
This is another reason why it is important for you to pay attention to the terms and conditions of your probation and work to get your case successfully dismissed. If the court seals your records for satisfactory completion of probation, some agencies may be able to still look at them in some situations:
When the court seals your records, it means that your court case no longer exists for most purposes.
If you were arrested or involved in a court case or had contact with the juvenile justice system when you were under 18, the courts, police, schools, or other public agencies may have records about what you did. If you are able to get those records sealed, it could be easier for you to find a job, get a driver’s license, get a loan, ...
If the Court denies your sealing Motion(s) and you believe that you met all of the legal requirements, consider talking to an attorney for advice about what to do next. If you don’t have the money to pay for an attorney’s fees, call CLEAR, a legal service that offers free legal advice and referral, at 1-888-201-1014.
You don’t need an attorney to represent you at this hearing, but you’ll have to appear before a juvenile court judge or commissioner.
For misdemeanors in the state of Washington, either 3 or 5 years must have passed from the date the case was closed, not the date of the incident or of conviction. Also, there must not be any criminal charges during that time period.
For felonies in the state of Washington, either 5 or 10 years must have passed from the date the case was closed, usually when the certificate of discharge has been placed in your court file. Nothing in the statute prohibits expunging more than one felony.
If you have a criminal record, whether a misdemeanor or felony, no matter how long ago, know the effect the criminal conviction can have on your life. Even after the case is done, closed, or dismissed, it can still be found by people who know where to look. Because of the resources the internet provides, most businesses and employers require background checks for those who apply for job, loans, an apartment, or admission to schools. With the unemployment rates at an all time high, having a clean record can be a necessity when competing against others for the same job.
If you have a criminal record in Seattle, Tacoma, or anywhere in Washington state and would like to expunge, vacate, seal, or clear your criminal record in Seattle, Tacoma or King, Pierce, or Thurston County, contact Petersen Law PLLC to talk to an experience attorney to help determine whether you are eligible under Washington law. The help of an experience attorney may also be able to help you regain or restore your right to possess a firearm and gun rights in Washington State.