Washington Juvenile Record Sealing Frequently Asked Questions

Why would I want to seal my juvenile record?

After you complete your sentence for a juvenile offense, the court does not automatically seal the records. Therefore, the records are available to the public and you have to petition the court to seal the records. The order seals the juvenile court file, the social file (probation reports and information), and other records relating to the case as are named in the order. Once your record is sealed, it is as though the offense never occurred.

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Will it still show up on my background check?

That depends on the type of background check that is used. If the employer does your standard commercial background check, the case will not appear. An FBI background check may still show the juvenile offense.

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Can it still be used against me for a future conviction?

Yes this case can be unsealed if you are subsequently convicted of a juvenile offense or adult crime, or if you are charged with an adult felony.

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Do I have to disclose it ever?

Once your records are sealed, you do not have to disclose the case and can answer with confidence to any inquiry or to an application for employment that you have not been convicted of a crime.

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Can I become a schoolteacher, nurse, or other occupation?

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, records of which are sealed. 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.

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What if I join the military?

If you want to join the US military, then it becomes a matter of federal law, not Washington state law. All branches of the military will want to know about your juvenile offenses, even if they have been expunged. There is still a risk of being discharged from the military if you don’t tell them and they later find out about it. It's always advisable to disclose that you had a conviction, but it was taken before a judge and he deemed it in the interest of justice to expunge/seal the record from public view.

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What if I want to become a police officer?

Once your juvenile records have been sealed, it is treated as though it never occurred, and you can deny it on any application, including an application to become a police officer.

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What if the new job wants to call the court or my probation officer?

Your probation officer and the court are required to say that the records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.

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Do I need to hire an attorney or can I do it myself?

You have an attorney to (1) make sure it is done right the first time to lower chances of rejection and delay, (2) handle objections from the district attorney, (3) send an attorney to court to argue the case if need be, and (4) write letters to potential employers letting them know that the case has been reopened and will soon have the juvenile adjudication off of your record.

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Do I have to go to court?

No, we go for you. If the court requests your presence and you are unable to make it then we will request for your presence to be excused.

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How does the attorney know my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue your case in front of a judge. Although some of the questions may seem simple, the more information and detail that you provide in your answers the better we are able to argue the case in your favor.

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How long does the process take?

Typically, the case takes about three to four months.

We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.

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Can it be done faster?

The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it dismissed.

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How do I know what is going on with my case?

We have an online tracking system that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.

Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.

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Do you have a money back guarantee?

We are unable to offer a money back guarantee and also offer such a low price for our services, because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys.

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Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.

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What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee that we apply then to the total cost of any service that you hire us to perform.

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Does it matter if I pled guilty or no contest?

No, it does not matter. We can set aside your adjudication regardless of what you pled.

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What is the main reason that a request to set aside is denied?

If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe it will be in the interest of society, (4) violating probation and (5) not paying fines.

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What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that refiling would be successful we may recommend the person wait longer to refile.

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How do the agencies know it is vacated?

Upon the order being granted, the clerk of the court transmits the order sealing the conviction to the Washington State Patrol Identification Section and to the local police agency that holds the criminal records. The Washington State Patrol Identification Section then transmits the order to the Federal Bureau of Investigation. The agencies are not allowed to disseminate or disclose the conviction that was sealed to anyone.

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How long does it take for the records to update?

The court updates the court records within 48 hours and the Washington State Patrol has up to 30 days to update their records. However, the Washington State Patrol typically updates their records before the 30 days expire.

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Can I visit Canada after this?

If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so the Canadian government will have the same information the United States has on record. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of this will show the Canadian government that the matter was resolved and no longer considered a conviction and improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.

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Can I get a Sentri pass?

The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is that clearing your record will help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in expungement could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.

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Can I vote after this?

Your rights are restored, except an obligation to comply with an order issued that excludes or prohibits the offender from having contact with a specified person or coming within a set distance of any specific location, upon your discharge of your sentence and the certificate of discharge should state so. If your rights were not restored then we can file for a certificate and order of discharge. That will restore your civil rights.

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Will it help with immigration?

It can still be viewed and considered when determining your immigration; however, it will appear better and may increase your chances during the immigration proceedings.

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Can I clear my federal conviction?

You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.

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Will this restore my right to own a firearm?

R.C.W. § 9.41.047 says you may apply a right to carry a gun or firearm in certain cases. If you were convicted of a Class B or C felony, and you satisfy the other eligibility requirements for restoring your gun rights, you must have lived in the community for at least 5 consecutive years without being convicted (or found not guilty by reason of insanity) of a felony, gross misdemeanor, or misdemeanor offense. You must also not be currently charged with any such offenses either. If you were convicted of a non-felony (e.g., a misdemeanor), then you must have lived in the community for at least 3 consecutive years without being convicted (or found not guilty by reason of insanity) of a felony, gross misdemeanor, or misdemeanor offense before you can apply. You must also not be currently charged with any such offenses either.

Firearm rights must be applied for separately from sealing the juvenile adjudication.

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