HB 2794 — Concerning juvenile record sealing.

H-4618.1SUBSTITUTEH-4094.1HOUSE HOUSE BILL 2794State of Washington66th Legislature2020 Regular SessionByHouseSessionByRepresentatives HumanFrame, ServicesDavis, &Peterson, EarlyLekanoff, LearningPollet, (originallyand sponsoredSantosRead byfirst Representativestime Frame,01/22/20.Referred Davis,to Peterson,Committee Lekanoff,on Pollet,Human andServices Santos)READ& FIRSTEarly TIMELearning.AN 02/07/20.AN ACT Relating to juvenile record sealing;

and creating a new sections;section.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec.

and providing an expiration date.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec.

or(((C)))(iii) A drug offense, as defined in RCW 9.94A.030((;9.94A.030;

and)).(((ii)))(d)and(((ii)))(d) At the time of the scheduled administrative sealing hearing, the court shall enter a written order sealing the respondent's juvenile court record pursuant to this subsection if the court finds by a preponderance of the evidence that the respondent ((has completed the terms and conditions of disposition, including affirmative conditions))is no longer on supervision for the case being considered for sealing and has paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any ((insurance provider authorized under Title 48 RCW))public or private entity providing insurance coverage or health care coverage.

In determining whether the respondent is on supervision or owes restitution, the court shall take judicial notice of court records, including records of the county clerk, and, if necessary, sworn testimony from a representative of the juvenile department.(((d) Following a contested sealing hearing on the record after an objection is made pursuant to (a) of this subsection, the court shall enter a written order sealing the juvenile court record unless the court determines that sealing is not appropriate.))(e) At the time of the administrative sealing hearing,hearing scheduled at disposition, if the court finds the respondent remains on supervision for the case being considered for sealing, then the court shall continue the administrative sealing hearing to a date within thirty days following the anticipated end date of the respondent's supervision.

At the next administrative sealing hearing, the court shall again determine the respondent's eligibility for sealing his or her juvenile court record pursuant to (d) of this subsection, and, if necessary, continue the hearing again as provided in this subsection.(f)(i) During the administrative sealing hearing, if the court finds the respondent is no longer on supervision for the case being considered for sealing, but the respondent has not paid the full amount of restitution owing to the individual victim named in the restitution order, excluding any public or private entity providing insurance coverage or health care coverage, the court shall deny sealing the juvenile court record in a written order that:that specifies:

(A) SpecifiesThe the amount of restitution that remains unpaid to the original victim, excluding any public or private entity providing insurance coverage or health care coverage;

and (B) providesthat direction to the respondent onmay how to pursue the sealing of records associated with this cause of action.(ii) Within five business days of the entry of the written order denying the request to seal a juvenile court record, the juvenile court departmentrecord staffbe shallsealed notifyupon the respondent of the denial by providing a copy of the order of denial to the respondent in person or in writing mailed to the respondent's last known address in the department of licensing database or the respondent's address provided to the court, whichever is more recent.(iii) At any time following entry of the written order denying the request to seal a juvenile court record, the respondent may contact the juvenile court department, provide proof of payment of the remaining unpaid restitution to the original victim, excluding any public or private entity providing insurance coverage or health care coverage,coverage; and request an administrative sealing hearing.

Uponand verification(C) ofthat the satisfactionclerk of the restitutioncourt payment,shall seal the respondent's juvenile court departmentrecord staffif shallthe circulaterespondent forcontacts signaturethe anclerk, orderprovides sealingproof theof file,payment andof file the signedremaining orderunpaid withrestitution to the clerk'soriginal office,victim, whoexcluding shallany sealpublic theor record.(iv)private Theentity administrativeproviding officeinsurance ofcoverage theor courtshealth mustcare ensurecoverage, thatand sealedrequests the juvenile recordsrecord remainto privatebe insealed.(ii) caseWithin five business days of anthe appealentry andof arethe eitherwritten notorder posteddenying orthe redactedrequest fromto anyseal clerksa papersjuvenile thatcourt arerecord, postedthe onlineclerk withof the appellatecourt record,shall asnotify wellthe asrespondent takingof anythe otherdenial prudentby stepsproviding necessarya tocopy avoidof exposingthe sealedorder juvenileof recordsdenial to the public.(2)respondent Exceptin forperson dismissalor ofin awriting deferredmailed dispositionto underthe RCWrespondent's 13.40.127,last theknown courtaddress shallin enterthe adepartment writtenof orderlicensing immediatelydatabase sealingor the officialrespondent's juvenileaddress courtprovided recordto upon the acquittalcourt, afterwhichever ais factmore findingrecent.(iii) orAt uponany thetime dismissalfollowing entry of chargesthe withwritten prejudice,order subjectof todenying the state'srequest right, if any, to appealseal the dismissal.(3) If a juvenile court recordrecord, hasthe notrespondent alreadymay beencontact sealedthe pursuantclerk, toprovide thisproof section,of inpayment anyof casethe inamount whichof informationrestitution hasthat beenremains filedunpaid pursuant to RCWthe 13.40.100individual orvictim, aexcluding complaintany haspublic beenor filedprivate withentity theproviding prosecutorinsurance andcoverage referredor forhealth diversioncare pursuantcoverage, toand RCWrequest 13.40.070, the personrecord whobe issealed.(iv) theWithin subjectfive business days of the informationrespondent's orrequest complaintto mayseal file a motionjuvenile withcourt therecord courtpursuant to havethis subsection (1)(f), the clerk of the court vacateshall itsseal orderthe andrespondent's findings,juvenile ifcourt any((,));record.

resolveIf the statusclerk of the court fails to seal the respondent's juvenile court record within five business days for any debtsreason, owing;then the clerk of the court shall note the matter for a court hearing pursuant to (d) of this subsection within sixty days of the respondent's request to seal, and provide the respondent written notice of the hearing mailed at least ten days prior to the hearing.

If the clerk of the court fails to note the matter for a court hearing within sixty days for any reason, the respondent may bring a motion under the original cause number to administratively seal the record as set forth in (d) of this subsection.(2) Except for dismissal of a deferred disposition under RCW 13.40.127, the court shall enter a written order immediately sealing the official juvenile court record upon the acquittal after a fact finding or upon the dismissal of charges with prejudice, subject to the state's right, if any, to appeal the dismissal.(3) If a juvenile court record has not already been sealed pursuant to this section, in any case in which information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person who is the subject of the information or complaint may file a motion with the court to have the court ((vacate its order and findings, if any, and, subject to RCW 13.50.050(13),13.50.050(13),)) order the sealing of the official juvenile court record, the social file, and records of the court and of any other agency in the case, with the exception of identifying information under RCW 13.50.050(13).(4)(a) The court shall grant any motion to seal records for class A offenses made pursuant to subsection (3) of this section if:(i) Since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent five consecutive years in the community without committing any offense or crime that subsequently results in an adjudication or conviction;(ii) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;(iii) No proceeding is pending seeking the formation of a diversion agreement with that person;(iv) The person is no longer required to register as a sex offender under RCW 9A.44.130 or has been relieved of the duty to register under RCW 9A.44.143 if the person was convicted of a sex offense;(v) The person has not been convicted of rape in the first degree, rape in the second degree, or indecent liberties that((that was actually committedcommitted)) with forcible compulsion;

however, the court may order the juvenile court record resealed upon disposition of the subsequent matter if the case meets the sealing criteria under this section and the court record has not previously been resealed.(b) Any charging of an adult felony subsequent to the sealing has the effect of nullifying the sealing order.(c) The administrative office of the courts shall ensure that the superior court judicial information system provides prosecutors access to information on the existence of sealed juvenile records.(d)records.(((d) The Washington state patrol shall ensure that the Washington state identification system provides criminal justice agencies access to sealed juvenile records information.(9)information.))(9) If the juvenile court record has been sealed pursuant to this section, the record of an employee is not admissible in an action for liability against the employer based on the former juvenile offender's conduct to show that the employer knew or should have known of the juvenile record of the employee.

The record may be admissible, however, if a background check conducted or authorized by the employer contained the information in the sealed record.(10) County clerks may interact or correspond with the respondent, his or her parents, restitution recipients, and any holders of potential assets or wages of the respondent for the purposes of collecting an outstanding legal financial obligation after juvenile court records have been sealed pursuant to this section.(11) Persons and agencies that obtain sealed juvenile records information pursuant to this section may communicate about this information with the respondent, but may not disseminate or be compelled to release the information to any person or agency not specifically granted access to sealed juvenile records in this section.(12)section.NEW Any criminal justice agency must not disclose confidential information or sealed records accessed through the Washington state identification system or other means, and no information can be given to third parties other than Washington state criminal justice agencies about the existence or nonexistence of confidential or sealed records concerning an individual.NEW SECTION.  Sec.

(1) The department of children, youth, and families and the office of the superintendent of public instruction shall develop policies and procedures that prevent any information from being included on a student transcript indicating that a student received credit while confined in a detention facility as defined under RCW 13.40.020, institution as defined under RCW 13.40.020, juvenile correctional facility under alternative administration operated by a consortium of counties under RCW 13.04.035, community facility as defined under RCW 72.05.020, or correctional facility as defined under RCW 70.48.020.(2) By November 1, 2020, and in compliance with RCW 43.01.036, the department of children, youth, and families and the office of the superintendent of public instruction shall provide a report to the appropriate committees of the legislature and the governor describing the actions, policies, and procedures in place to prevent information from being included on a student transcript indicating that a student received credit while confined in a detention facility as defined under RCW 13.40.020, institution as defined under RCW 13.40.020, juvenile correctional facility under alternative administration operated by a consortium of counties under RCW 13.04.035, community facility as defined under RCW 72.05.020, or correctional facility as defined under RCW 70.48.020.(3) This section expires June 30, 2021.NEW SECTION.  Sec.

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