Sealing Adult and Juvenile Records

    SEALING ADULT RECORDS

    General Court Rule (GR) 15 and the case of State v. K.R.W. govern the sealing of court records.

    To seal a court record means to protect a record from examination by the public. It is very important to ask the court to seal your court file. With today’s technology, it is extremely easy for potential employers and others to find your criminal background through various search engines. For example, an interested person can simply type your name into the Washington courts website and find your criminal history.

    GR 15 states that a court may order the court files sealed if the sealing of a court record is justified by identified compelling privacy or safety concerns that outweigh the public interest in access to the court record. Sufficient privacy or safety concerns that may be weighed against the public interest include findings that: (A) The sealing or redaction is permitted by statute; (B) The sealing or redaction furthers an order entered under CR 12(f) or a protective order entered under CR 26(c); (C) A conviction has been vacated; (D) The sealing or redaction furthers an order entered pursuant to RCW 4.24.611; (E) The redaction includes only restricted personal identifiers contained in the court record; or (F) Another identified compelling circumstance exists that requires the sealing or redaction.

    In State v. K.R.W., the Court of Appeals held that a person trying to seal their criminal records must apply GR 15 and the Ishikawa factors. In the case of Ishikawa the Washington State Supreme Court set forth five factors that must be considered before a court can restrict access to court records. Therefore a person attempting to seal their court records must also show that (1) there is a serious and imminent threat to an important interest; (2) anyone present in court must be given a chance to object to the sealing; (3) there is no less restrictive way to protect the interest threatened; (4) the public’s interest in the file is outweighed by the defendant’s need for sealing; and (5) that the order is no broader in it application and duration than necessary to serve it’s purpose.

    JUVENILE RECORDS

    If you were convicted of an offense as a juvenile, Washington laws allow you to vacate, seal, and/or delete your juvenile records. The law for juvenile offenders allows an offender to clear more than one conviction.

    If you have a juvenile record, please call our office to find out if you are eligible to clear your juvenile record.