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SUPERIOR COURT OF WASHINGTON COUNTY OF _______________________ JUVENILE COURT STATE OF WASHINGTON v. Respondent. D.O.B.: No : Order Re: Sealing Records of Juvenile Offender (ORSF, ORSFD) I. Basis 1.1 THIS MATTER came on before the court on (choose one): Motion to seal records under RCW 13.50.260 : Respondent’s motion to vacate and seal records of juvenile offender pursuant to RCW Title 13.50.260. Administrative Sealing Under RCW 13.50.260 or 13.40.127 : Administrative sealing of juvenile records pursuant to regular statutory administrative sealing of a qualified disposition order entered after June 11, 2014 (RCW Title 13.50), or, vacated deferred disposition dismissed and vacated after June 6, 2012 (RCW 13.40.127). Acquittal or Dismissal of Charges Under RCW 13.50.260 : Sealing of juvenile records pursuant to acquittal of charges in the case, or dismissal of charges with prejudice and subject to the state’s right, if any, to appeal the dismissal. (RCW 13.50.260). Re-Sealing Post Nullification Under RCW 13.50.260 : Sealing of juvenile records previously nullified by subsequent adjudication and disposition in a different case number, but for which the respondent requests re-sealing (RCW 13.50.260). Motion to Seal Records Under GR 15 : Respondent’s motion to seal records of juvenile offender pursuant to GR 15. 1.2 The court heard the matter with without oral argument and considered the pleadings submitted on the matter and the relevant court records. II. Findings 2.1 Motion to seal records pursuant to RCW 13.50.260: Notice of motion: Adequate notice was was not given to the appropriate parties and agencies; and, Satisfaction of motion requirements: Respondent has satisfied the requirements of RCW 13.50.260 and is entitled to have sealed the official juvenile court record, the social ORD ON MT TO SEAL RECORDS (ORSF, ORSFD) - Page 1 of 3 WPF JU 10.0320 (07/2015) - RCW 13.50.260, GR 15(c) file, and the records of the court and of any other agency in the case has not satisfied the requirements of RCW 13.50.260 and is not entitled to have sealed the official juvenile court record, the social file, and the records of the court and of any other agency in the case. 2.2 Administrative sealing under RCW 13.50.260 or 13.40.127 : Deferred disposition vacated after June 6, 2012 : The deferred disposition was dismissed and vacated after June 6, 2012. The respondent is entitled to have the files and records in this case sealed under to RCW 13.40.127. Regular statutory administrative sealing : A disposition in this case was entered after June 11, 2014, and, the respondent is entitled to have the files and records in this case reviewed for automatic sealing pursuant to RCW 13.50.260 because the respondent is now at least 18 years of age and is no longer subject to community supervision and/or JRA commitment and parole. At the regular sealing hearing set for this matter, the court found: Entitled to administratively seal : there is no objection to sealing, nor is there any compelling reason not to seal. The respondent is entitled to have the files and records in this case administratively sealed pursuant to RCW 13.50.260 because respondent complied with all terms of the disposition order and has paid in full the 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. Failure to complete the terms of the disposition : The respondent failed to complete the terms of the disposition order and has failed to pay in full the 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 . The respondent is not entitled to administrative sealing of the files and records in this case. Objection or compelling reason : Despite being eligible for administrative sealing, there was an objection made to sealing and/or the court found a compelling reason not to seal the case. A hearing was set for today. This date was was not at least 18 days after notice of the hearing and opportunity to object was sent to the respondent, the victim, and respondent’s attorney. After hearing arguments from the attorneys, the court finds sealing the files and records in this case appropriate inappropriate. 2.3 Acquittal or dismissal of charges under RCW Title 13.50.260 : The respondent is entitled to sealing of juvenile records base on acquittal of charges in the case, or dismissal of charges. 2.4 Re-sealing post nullification under RCW Title 13.50.260: This case was previously sealed and then the sealing order nullified after adjudication in a subsequent case number ______-8-___________________. Since nullification, there has been a disposition in the subsequent case number. Now, this case does qualify does not qualify for sealing by statute. Re-sealing in this case is appropriate inappropriate (RCW 13.50.260). 2.5 Motion to seal records under GR 15 : Compelling privacy or safety concerns that outweigh the public interest in access to the court records have have not been found. In addition, the court finds as follows: . III. Order Based on the above findings, it is hereby ordered: ORD ON MT TO SEAL RECORDS (ORSF, ORSFD) - Page 2 of 3 WPF JU 10.0320 (07/2015) - RCW 13.50.260, GR 15(c) Sealing Denied : The files and records in this case shall not be sealed. Sealing Granted : The files and records in this case shall be sealed as follows: Pursuant to RCW 13.50.260 or RCW 13.40.127 : The court grants the motion to seal pursuant to RCW 13.50.260 or RCW 13.40.127, as applicable, including any administrative review required by statute. Pursuant to this order: 1. With the exception of identifying information specified in RCW 13.50.050(13), the official juvenile court record, the social file, and other records relating to the case as are named herein are sealed; 2. The proceedings in the case shall be treated as if they never occurred and the subject of the records may reply accordingly to any inquiry about the events, the records of which are sealed. However, county clerks may interact or correspond with the respondent, respondent’s parents, and any holders of potential assets or wages of the respondent for the purposes of collecting any outstanding legal financial obligations even after juvenile court records have been sealed. 3. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual; 4. Inspection of the files and records included in this order may only be permitted by order of the court and upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and 13.50.050(13); 5. Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying this order; however, the court may order this case resealed upon disposition of the subsequent matter if this case meets the sealing criteria under RCW 13.50.260 and this case has not previously been resealed; 6. Any charging of an adult felony subsequent to this order has the effect of nullifying this order. Pursuant to GR 15 : The court grants the motion to seal pursuant to GR 15. The files and records in this case are sealed for a period not to exceed the following time period: ______________________________________________________________________,and the clerk of the court is ordered to seal the entire court file and to secure it from public access. Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying this order. Dated: Judge/Commissioner Submitted by: _______________________________ Attorney for Respondent/WSBA No. ORD ON MT TO SEAL RECORDS (ORSF, ORSFD) - Page 3 of 3 WPF JU 10.0320 (07/2015) - RCW 13.50.260, GR 15(c)