A juvenile offense can be a major roadblock for young people and adults, whether it is a student who plans to apply to college or a young adult entering the workforce. Parents may wonder if they can help clear a juvenile record before their child starts the next chapter.
In Washington, expungement and sealing are not the same thing. Expungement completely destroys the record, while sealing hides it from the public. Washington law generally allows sealing for most juvenile offenses, but not always full expungement of all juvenile records. It depends on the type of case and how it ultimately resolved.
Should you seal an eligible juvenile offense?
Yes. Juvenile offenses in Washington do not always automatically get sealed when a person turns 18. Some cases are eligible for administrative sealing on a certain date and no action is needed. But for many offenses, the record stays unless the individual takes action to have it sealed. Sealing a record means that the court removes it from public view. This means that colleges, landlords and employers will not know of its existence through background checks. There are few exceptions to this general rule. For example, some federal agencies may require an individual disclose on an application whether they had a prior case that was sealed.
How can you seal your criminal record?
To seal a juvenile record in Washington, the person must meet specific requirements. They must complete the terms of the sentence, which may include probation, community service and/or payment of restitution. The person must also wait a certain amount of time after the case closes. The waiting period depends on the seriousness of the offense. For most misdemeanors, the wait is two years. For some felonies, the wait is five years.
During the waiting period, the person must not have new crimes, as any new offense could delay or prevent the ability to seal the record, but not always. The person must also show the court that they followed all conditions of the case.
What happens when you seal a juvenile case?
After sealing a record, it becomes invisible to the public. Colleges that ask about criminal history will not see sealed juvenile records. However, it is still important to answer any application questions honestly. Some colleges may ask specifically about sealed or expunged records, although many do not.
By taking the right steps, many young people in Washington can move forward without a juvenile record holding them back. Sealing a record before college and entry into the workforce can offer a fresh start and open more opportunities for the future.