HB 2034 — Concerning juvenile records.

(d)p. The Washington state patrol shall ensure that the Washington state identification system provides Washington state criminal justice agencies access to sealed juvenile records information.

7 HB 2034 (d) The Washington state patrol shall ensure that the Washington state identification system provides Washington state criminal justice agencies access to sealed juvenile records information.

(10) County clerks may interact or correspond with the respondent, ((his or her)) the respondent's parents, restitution recipients, and any holders of potential assets or wages of the p.respondent for the purposes of collecting an outstanding legal financial obligation after juvenile court records have been sealed pursuant to this section.

8 SHB 2034 respondent for the purposes of collecting an outstanding legal financial obligation after juvenile court records have been sealed pursuant to this section.

(1)(a) Subject to RCW 13.50.050(13), all records maintained by any court or law enforcement agency, including the juvenile court, local law enforcement, the Washington state patrol, and((and)) the prosecutor's office, and any other state agencies notified regarding automatic record destruction eligibility, shall be automatically destroyed within ((ninety)) 90 days of becoming eligible for destruction.

Juvenile records are eligible for automatic destruction when:

(i)p. The person who is the subject of the information or complaint is at least ((eighteen)) 18 years of age;

(ii)8 TheHB records2034 in(i)(A) questionThe consistperson ofwho successfullyis completedthe diversionsubject agreementsof andthe counselinformation and release agreements, or both,complaint whichis wereat completedleast on((eighteen)) or18 afteryears Juneof 7,age; 2018;

(((ii))) (B) The records in question consist of successfully completed diversion agreements and (iii)counsel Thereand isrelease noagreements, restitutionor owingboth, inwhich thewere case.completed on or after June 7, 2018;

and (((iii))) (C) There is no restitution owing in the case;

or (ii)(A) The person who is the subject of the information or complaint is at least 23 years of age;

(B) The records in question relate to a sealed juvenile record that remains sealed at the time of the automatic destruction;

(C) The offense related to the record in question is not a serious violent offense as defined under RCW 9.94A.030 or an offense requiring registration under RCW 9A.44.140;

(D) There is no pending proceeding seeking the conviction of the subject of the sealed juvenile records;

(E) There is no restitution owing the case related to the record in question;

and (F) The offense related to the record in question would no longer be considered a point or a fraction of a point in determining the individual's offender score under RCW 9.94A.525.

The juvenile((juvenile)) court shall verify eligibility and notify the Washington state patrol and((and)), the appropriate local law enforcement agency ((and)), the prosecutor's office, and p.any other entity which it shared the records with of the records to be destroyed.

9 SHB 2034 prosecutor's office of the records to be destroyed.

(((d) The state and local governments and their officers and employees are not liable for civil damages for the failure to destroy records pursuant to this section.)) (2) All records maintained by any court or law enforcement agency, including the juvenile court, local law enforcement, the Washingtonp. state patrol, and the prosecutor's office, shall be automatically destroyed within ((thirty)) 30 days of being notified by the governor's office that the subject of those records received a full and unconditional pardon by the governor.

(3)(a)9 AHB person2034 mayWashington requeststate thatpatrol, and the courtprosecutor's orderoffice, shall be automatically destroyed within ((thirty)) 30 days of being notified by the governor's office that the subject of those records inreceived hisa orfull herand caseunconditional destroyedpardon asby follows:the governor.

(3)(a) A person may request that the court order the records in ((his or her)) the person's case destroyed as follows:

(b) IfThe the court grantsshall thegrant motiona request to destroy recordsa made pursuant to this subsection, it shall, subject to RCW 13.50.050(13), order the official juvenile courtrecord record,if: the social file, and any other records named in the order to be destroyed.

(c)(i) The person makingwho is the motionsubject pursuant to this subsection must give reasonable notice of the motioninformation toor thecomplaint prosecutingis attorneyat andleast to23 anyyears agencyof whoseage; records are sought to be destroyed.

(4)(ii) AnyThe juvenilerecords justicein orquestion carerelate agency may, subject to thea limitationssealed injuvenile RCWrecord 13.50.050(13)that andremains thissealed section,at develop procedures for the routinetime destruction of recordsthe relatingrequest; to juvenile offenses and diversions.

(iii) The offense related to the record in question is not a serious violent offense as defined under RCW 9.94A.030 or an offense requiring registration under RCW 9A.44.140;

(iv) There is no pending proceeding seeking the conviction of the subject of the sealed juvenile records;

(v) There is no restitution owing in the case related to the record in question;

and (vi) The offense related to the record in question would no longer be considered a point or a fraction of a point in determining the individual's offender score under RCW 9.94A.525.

(c) For requests to destroy sealed juvenile records involving a person 23 years of age or older that does involve a serious violent offense as defined under RCW 9.94A.030 or an offense requiring registration under RCW 9A.44.140 that would no longer be considered a point or a fraction of a point in determining the individual's offender score under RCW 9.94A.525, the court shall grant a request to destroy such records if it finds that the subject of the record p.

10 HB 2034 has rehabilitated such that destruction of the record would not be detrimental to public safety.

A court shall not grant a request to destroy a record under this subsection if there is a pending proceeding seeking the conviction of the subject of the record or there is restitution owing in the case related to the record in question.

In determining whether to grant a request to destroy records under this section, the court shall consider:

(i) The subject of the record's age at the time of the commission of the offense;

(ii) The amount of time elapsed since the commission of the offense without subsequent offenses;

(iii) The factual basis for the offense;

(iv) Information related to the subject of the record's rehabilitation;

(v) Criminal culpability of the subject of the record;

(vi) Barriers to effective reintegration that warrant destruction;

and (vii) Concerns from the victim of the record at issue.

(d) If the court grants the motion to destroy records made pursuant to this subsection, it shall, subject to RCW 13.50.050(13), order the official juvenile court record, the social file, and any other records named in the order to be destroyed.

Thereafter, the subject of the records may reply to any inquiry about the events related to the destroyed records, including an inquiry about whether the destroyed record would count as a disqualifying offense on an application, that the subject does not have juvenile records.

(((c))) (e) The person making the motion pursuant to this subsection must give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.

(f) Any agency ordered to destroy its records under this subsection shall do so within 90 days of receiving the court's order to destroy.

(g) The administrative office of the courts shall send notice to the individuals that may request record destruction under this subsection within 90 days of the individual's ability to request destruction.

(4) Any juvenile justice or care agency may, subject to the limitations in RCW 13.50.050(13) and this section, develop procedures p.

11 HB 2034 for the routine destruction of records relating to juvenile offenses and diversions.

p.(b) The court may not routinely destroy the official juvenile court record or recordings or transcripts of any proceedings.

10(5) SHBFor 2034purposes (b)of Thethis courtsection, maya notrecord routinelyis destroydestroyed when the officialdocument or file is permanently irretrievable, and any connection between a juvenile courtarrest or adjudication to the individual associated with such record oris recordingscompletely removed from any agency system such that there is no way to link an individual to the commission of, or transcriptsan ofarrest anyfor, proceedings.a juvenile offense.

NEW(6)(a) SECTION.Every juvenile court shall maintain a public juvenile destruction docket, which must be available for public inspection.

Sec.The public juvenile destruction docket shall list:

5.(i) The date of the adjudication;

A(ii) newThe sectionoffense; is added to chapter 13.50 RCW to read as follows:

(iii) The departmentdate of children,destruction; youth, and families shall adopt rules governing the use of records sealed under RCW 13.50.260 related to the commission of a juvenile offense, and adopt rules creating an automatic sealing process governing the use of records that the agency holds arising from, relating to, or revealing the existence of a juvenile adjudication.

Theseand rules(iv) mustWhether specify the circumstancesrecord underwas whichdestroyed suchunder recordssubsection may(1) beor referred(3) to,of used,this disclosed,section. or disseminated.

(b) The juvenile court shall keep a confidential juvenile destruction docket that must include the information included in (a) of this subsection and the name and date of birth of the subject of the juvenile records.

Information held in the confidential juvenile destruction docket can only be reviewed and shared with the subject of the record who needs information related to the destruction of the record.

1112 SHBHB 2034