A Washington juvenile record may be sealed if certain circumstances are met. The court schedules an administrative sealing hearing at the disposition hearing, if the juvenile is eligible. The hearing is to occur after the last of the following: the juvenile’s 18th birthday, the anticipated end of the juvenile’s probation, and the juvenile’s anticipated release from confinement or completion of parole. Certain offenses, including “most serious offenses,” certain drug offenses, and certain sex offenses, are not eligible for a sealing hearing. The court is to seal the record if it finds at the time of the hearing that the juvenile is no longer on supervision for the case and has fully paid restitution to the person named in the order, excluding any restitution owed to an entity providing insurance or health care coverage. If the court finds the juvenile is still on supervision, then it is to continue the hearing within 30 days after the anticipated completion of the supervision. If the court finds the juvenile is not still on supervision for the case but has failed to fully pay restitution to the person named in the order, the court is to deny sealing the record and issue an order that specifies the restitution that is unpaid to the person and directs the juvenile on how to pursue sealing the record. RCW 13.50.260. The state recently appealed the sealing of a juvenile record, arguing the juvenile had failed to fully pay restitution.
According to the appeals court’s opinion, the juvenile pleaded guilty to second degree malicious mischief and agreed to pay restitution. The court ordered him to pay $1,233.17 in restitution and set a date for a hearing to seal the record.
The state argued at that hearing that the juvenile failed to fully pay restitution so the record could not be sealed pursuant to RCW 13.50.260(1)(d). The juvenile court still sealed the record, finding the juvenile was eligible for the record to be sealed because he had “paid in full the amount of restitution owing,” but also that “the remaining amount of restitution . . . is $613.17.”