SB 6117 — Revising conditions under which juvenile court records may be sealed.

S-4110.2SUBSTITUTES-3428.2SENATE SENATE BILL 6117State of Washington65th Legislature2018 Regular SessionBy Senate Human Services & Corrections (originally sponsored by Senators Darneille and Kuderer)READKudererPrefiled FIRST01/05/18. TIME 01/25/18.AN ACT Relating to revising conditions under which juvenile court records may be sealed;

Read first time 01/08/18.

Referred to Committee on Human Services & Corrections.AN ACT Relating to revising conditions under which juvenile court records may be sealed;

(((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.)) In determining whether or not the respondent is on supervision or owes restitution, the court shall take judicial notice of the court records, including the records of the county clerk's office, and, if necessary, sworn testimony from a representative of the juvenile department.department.(e) At the time of the initial administrative sealing hearing scheduled at disposition, if the court finds that the respondent remains on supervision but has paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any insurance provider, then the court shall continue the administrative sealing hearing to a date within thirty days following the anticipated end date of the respondent's current supervision.

If sealing is denied solely on the basis of unpaid restitution owing to individual victims excluding insurance providers authorized under Title 48 RCW, the court shall specify in a written order of denial the amount of restitution which remains unpaid to each individual victim.(e) At the time of the initial administrative sealing hearing scheduled at disposition, if the court finds that the respondent remains on supervision but has paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any insurance provider, then the court shall continue the administrative sealing hearing to a date within thirty days following the anticipated end date of the respondent's current supervision.

Other than the administrative sealing hearing scheduled at disposition, and those continued under the terms of this subsection and proceedings under (f) of this subsection, no further hearings on administrative sealing shall be scheduled, held, or continued.(f)continued.(2) If,Except atfor thedismissal administrativeof sealinga hearing,deferred disposition under RCW 13.40.127, the court deniesshall enter a written order immediately sealing solelythe onofficial juvenile court record upon the basisacquittal ofafter unpaida restitution,fact finding or upon the clerkdismissal of charges with prejudice, subject to the state's right, if any, to appeal the dismissal.(3) If a juvenile court shallrecord notifyhas 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 respondentprosecutor ofand referred for diversion pursuant to RCW 13.40.070, the denialperson 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),)) order the sealing atof the respondent'sofficial lastjuvenile knowncourt addressrecord, the social file, and specifyrecords of the amountcourt and of restitutionany whichother accordingagency 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 court'slast findingdate remainsof unpaidrelease 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 eachregister individualas victim.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)) a serious violent offense as defined in RCW 9.94A.030, rape in the second degree, or indecent liberties ((that was actually committed)) with forcible compulsion;

At any time following such hearing, the court shall thereafter seal the respondent's juvenile court record if the respondent contacts the court, provides proof of payment, requests the case to be sealed, and the court finds that restitution is paid, excluding restitution owed to any insurance provider authorized under Title 48 RCW.(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),)) 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 was actually committed)) with forcible compulsion;

and(v) The person 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.(c) NotwithstandingFor theany requirementsperson convicted of any serious violent offense as defined in (a)RCW 9.94A.030, rape in the second degree, or (b)indecent ofliberties thiswith subsection,forcible compulsion, the court shallmay grant any motion to seal records for class A offenses made pursuant to subsection (3) of anythis deferredsection, dispositionincluding vacatedserious underviolent offenses as defined in RCW 13.40.127(9)9.94A.030, priorrape toin Junethe 7,second 2012,degree, ifor restitutionindecent hasliberties beenwith paidforcible andcompulsion theif:(i) personSince isthe eighteenlast yearsdate of agerelease from confinement, including full-time residential treatment, if any, or olderentry atof disposition, the timeperson ofhas spent ten consecutive years in the motion.(5)community Thewithout personcommitting makingany aoffense motionor pursuantcrime tothat subsectionsubsequently (3)results ofin thisan sectionadjudication shallor giveconviction;(ii) reasonableNo noticeproceeding ofis pending against the motionmoving toparty seeking the prosecutionconviction andof toa anyjuvenile personoffense or agencya whosecriminal recordsoffense;(iii) areNo soughtproceeding tois bepending sealed.(6)(a)seeking If the courtformation entersof a writtendiversion orderagreement sealingwith thethat juvenileperson;(iv) courtThe recordperson pursuantis no longer required to thisregister section,as ita shall,sex subjectoffender tounder RCW 13.50.050(13),9A.44.130 orderor sealedhas been relieved of the officialduty juvenileto courtregister record,under RCW 9A.44.143 if the socialperson file,was andconvicted otherof recordsa relatingsex tooffense;(v) The person has paid the casefull asamount areof restitution owing to the individual victim named in the order.restitution order, excluding restitution owed to any insurance provider authorized under Title 48 RCW;

and(vi) The court finds granting the motion to seal is in the best interest of the community.

In considering the best interest of the community, the court shall take into account the factual circumstances of the case, the present life circumstances of the moving party, any input from the victim, and any other factors the court considers relevant.(d) Notwithstanding the requirements in (a) or (b) of this subsection, the court shall grant any motion to seal records of any deferred disposition vacated under RCW 13.40.127(9) prior to June 7, 2012, if restitution has been paid and the person is eighteen years of age or older at the time of the motion.(5) The person making a motion pursuant to subsection (3) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose records are sought to be sealed.

For purposes of subsection (4)(c) of this section only, the prosecuting attorney must make reasonable efforts to notify the victim of the motion to seal records using the victim's last known contact information.(6)(a) If the court enters a written order sealing the juvenile court record pursuant to this section, it shall, subject to RCW 13.50.050(13), order sealed the official juvenile court record, the social file, and other records relating to the case as are named in the order.