H-2408.5
SUBSTITUTE HOUSE BILL 2034
State of Washington 67th Legislature 2022 Regular Session
By House Children, Youth & Families (originally sponsored by
Representatives Frame, Harris-Talley, Berry, Fitzgibbon, Simmons,
Ramel, Chase, and Macri)
READ FIRST TIME 02/03/22.
1 AN ACT Relating to juvenile records; amending RCW 13.50.260 and
2 13.50.270; adding new sections to chapter 13.50 RCW; and creating a
3 new section.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 NEW SECTION. Sec. 1. The legislature finds that:
6 (1) Since the creation of Washington state's juvenile courts,
7 youth adjudicated of juvenile offenses have received differing
8 degrees of legal protections related to their juvenile records.
9 (2) As legal protections for juvenile records expanded and
10 contracted under different Washington legislatures, juvenile records
11 and information related to those records have been disseminated in
12 ways that hinder individuals adjudicated of juvenile offenses from
13 effective reintegration and harm those individuals whose protected
14 information has been shared without recourse or accountability.
15 (3) To remedy barriers created by the release of juvenile records
16 and information related to those records, the legislature intends to
17 emphasize that former individuals adjudicated of juvenile offenses
18 can seek relief for harm caused by violations of this chapter and
19 grant individuals the right to monetary damages for violations of
20 this chapter.
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 1 NEW SECTION. Sec. 2. A new section is added to chapter 13.50
2 RCW to read as follows:
3 (1)(a) Any corporation, business trust, estate, trust,
4 partnership, association, joint venture, any other legal or
5 commercial entity, government, governmental subdivision, agency,
6 municipality, and other similar legal entities capable of being sued
7 in courts of law who, directly or by means of an agent, disseminates
8 sealed or destroyed records or links the subject of a sealed juvenile
9 record to the commission of a juvenile offense in violation of this
10 chapter shall be subject to legal action for damages, to be brought
11 by the subject of those records, claiming that a violation of this
12 chapter has occurred.
13 (b) An individual alleging that the individual's records were
14 disseminated in violation of this chapter may bring a civil action in
15 any court of competent jurisdiction.
16 (c) In a civil action under this section in which the plaintiff
17 prevails, the court may award:
18 (i) A per day penalty of $100 a day for each day since the record
19 is shared in violation of this section without corrective action
20 taken by the entity illegally sharing the record or actual damages,
21 whichever is greater; and
22 (ii) Any other relief, including but not limited to an
23 injunction, that the court deems appropriate.
24 (d) Actual damages under this section includes mental pain and
25 suffering endured by the subject of the records that were
26 disseminated in violation of this chapter.
27 (e) In addition to any relief awarded under (c) of this
28 subsection, the court shall award reasonable attorneys' fees and
29 costs to any prevailing plaintiff.
30 (2) Nothing in this section shall be construed to limit other
31 remedies available for violations of the provisions of this chapter.
32 (3) Employees of governments, governmental subdivisions,
33 agencies, and municipalities are not liable for civil damages under
34 this section for actions taken as part of their work as such an
35 employee.
36 (4) Any corporation, business trust, estate, trust, partnership,
37 association, joint venture, any other legal or commercial entity,
38 government, governmental subdivision, agency, municipality, and other
39 legal entities are not liable under this section for illegally
40 sharing a sealed or destroyed juvenile record if the entity did not
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1 have notice that a record is sealed under RCW 13.50.260 or destroyed
2 under RCW 13.50.270.
3 Sec. 3. RCW 13.50.260 and 2020 c 184 s 1 are each amended to
4 read as follows:
5 (1)(a) The court shall hold regular sealing hearings. During
6 these regular sealing hearings, the court shall administratively seal
7 an individual's juvenile record pursuant to the requirements of this
8 subsection. Although the juvenile record shall be sealed, the social
9 file may be available to any juvenile justice or care agency when an
10 investigation or case involving the juvenile subject of the records
11 is being prosecuted by the juvenile justice or care agency or when
12 the juvenile justice or care agency is assigned the responsibility of
13 supervising the juvenile. The juvenile respondent's presence is not
14 required at any administrative sealing hearing.
15 (b) At ((the)) a juvenile disposition hearing ((of a juvenile
16 offender)), the court shall provide notice of the juvenile's
17 eligibility for juvenile records sealing to the juvenile and victims
18 of the offense and schedule an administrative sealing hearing to take
19 place during the first regularly scheduled sealing hearing after the
20 latest of the following events that apply:
21 (i) The respondent's ((eighteenth)) 18th birthday;
22 (ii) Anticipated end date of a respondent's probation, if
23 ordered;
24 (iii) Anticipated release from confinement at the juvenile
25 rehabilitation administration, or the completion of parole, if the
26 respondent is transferred to the juvenile rehabilitation
27 administration.
28 (c) The court shall not schedule an administrative sealing
29 hearing at the disposition and no administrative sealing hearing
30 shall occur if one of the offenses for which the court has entered a
31 disposition is at the time of commission of the offense:
32 (i) A most serious offense, as defined in RCW 9.94A.030;
33 (ii) A sex offense under chapter 9A.44 RCW; or
34 (iii) A drug offense, as defined in RCW 9.94A.030.
35 (d) At the time of the scheduled administrative sealing hearing,
36 the court shall enter a written order sealing the respondent's
37 juvenile court record pursuant to this subsection if the court finds
38 by a preponderance of the evidence that the respondent is no longer
39 on supervision for the case being considered for sealing and has paid
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 1 the full amount of restitution owing to the individual victim named
2 in the restitution order, excluding restitution owed to any public or
3 private entity providing insurance coverage or health care coverage.
4 In determining whether the respondent is on supervision or owes
5 restitution, the court shall take judicial notice of court records,
6 including records of the county clerk, and, if necessary, sworn
7 testimony from a representative of the juvenile department.
8 (e) At the time of the administrative sealing hearing, if the
9 court finds the respondent remains on supervision for the case being
10 considered for sealing, then the court shall continue the
11 administrative sealing hearing to a date within ((thirty)) 30 days
12 following the anticipated end date of the respondent's supervision.
13 At the next administrative sealing hearing, the court shall again
14 determine the respondent's eligibility for sealing ((his or her)) the
15 respondent's juvenile court record pursuant to (d) of this
16 subsection, and, if necessary, continue the hearing again as provided
17 in this subsection.
18 (f)(i) During the administrative sealing hearing, if the court
19 finds the respondent is no longer on supervision for the case being
20 considered for sealing, but the respondent has not paid the full
21 amount of restitution owing to the individual victim named in the
22 restitution order, excluding any public or private entity providing
23 insurance coverage or health care coverage, the court shall deny
24 sealing the juvenile court record in a written order that: (A)
25 Specifies the amount of restitution that remains unpaid to the
26 original victim, excluding any public or private entity providing
27 insurance coverage or health care coverage; and (B) provides
28 direction to the respondent on how to pursue the sealing of records
29 associated with this cause of action.
30 (ii) Within five business days of the entry of the written order
31 denying the request to seal a juvenile court record, the juvenile
32 court department staff shall notify the respondent of the denial by
33 providing a copy of the order of denial to the respondent in person
34 or in writing mailed to the respondent's last known address in the
35 department of licensing database or the respondent's address provided
36 to the court, whichever is more recent.
37 (iii) At any time following entry of the written order denying
38 the request to seal a juvenile court record, the respondent may
39 contact the juvenile court department, provide proof of payment of
40 the remaining unpaid restitution to the original victim, excluding
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 1 any public or private entity providing insurance coverage or health
2 care coverage, and request an administrative sealing hearing. Upon
3 verification of the satisfaction of the restitution payment, the
4 juvenile court department staff shall circulate for signature an
5 order sealing the file, and file the signed order with the clerk's
6 office, who shall seal the record.
7 (iv) The administrative office of the courts must ensure that
8 sealed juvenile records remain private in case of an appeal and are
9 either not posted or redacted from any clerks papers that are posted
10 online with the appellate record, as well as taking any other prudent
11 steps necessary to avoid exposing sealed juvenile records to the
12 public.
13 (2) Except for dismissal of a deferred disposition under RCW
14 13.40.127, the court shall enter a written order immediately sealing
15 the official juvenile court record upon the acquittal after a fact
16 finding or upon the dismissal of charges with prejudice, subject to
17 the state's right, if any, to appeal the dismissal.
18 (3) If a juvenile court record has not already been sealed
19 pursuant to this section, in any case in which information has been
20 filed pursuant to RCW 13.40.100 or a complaint has been filed with
21 the prosecutor and referred for diversion pursuant to RCW 13.40.070,
22 the person who is the subject of the information or complaint may
23 file a motion with the court to have the court vacate its order and
24 findings, if any; resolve the status of any debts owing; and, subject
25 to RCW 13.50.050(13), order the sealing of the official juvenile
26 court record, the social file, and records of the court and of any
27 other agency in the case, with the exception of identifying
28 information under RCW 13.50.050(13).
29 (4)(a) The court shall grant any motion to seal records for class
30 A offenses made pursuant to subsection (3) of this section if:
31 (i) Since the last date of release from confinement, including
32 full-time residential treatment, if any, or entry of disposition, the
33 person has spent five consecutive years in the community without
34 committing any offense or crime that subsequently results in an
35 adjudication or conviction;
36 (ii) No proceeding is pending against the moving party seeking
37 the conviction of a juvenile offense or a criminal offense;
38 (iii) No proceeding is pending seeking the formation of a
39 diversion agreement with that person;
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 1 (iv) The person is no longer required to register as a sex
2 offender under RCW 9A.44.130 or has been relieved of the duty to
3 register under RCW 9A.44.143 if the person was convicted of a sex
4 offense;
5 (v) The person has not been convicted of rape in the first
6 degree, rape in the second degree, or indecent liberties that was
7 actually committed with forcible compulsion; and
8 (vi) The person has paid the full amount of restitution owing to
9 the individual victim named in the restitution order, excluding
10 restitution owed to any public or private entity providing insurance
11 coverage or health care coverage.
12 (b) The court shall grant any motion to seal records for class B,
13 class C, gross misdemeanor, and misdemeanor offenses and diversions
14 made under subsection (3) of this section if:
15 (i) Since the date of last release from confinement, including
16 full-time residential treatment, if any, entry of disposition, or
17 completion of the diversion agreement, the person has spent two
18 consecutive years in the community without being convicted of any
19 offense or crime;
20 (ii) No proceeding is pending against the moving party seeking
21 the conviction of a juvenile offense or a criminal offense;
22 (iii) No proceeding is pending seeking the formation of a
23 diversion agreement with that person;
24 (iv) The person is no longer required to register as a sex
25 offender under RCW 9A.44.130 or has been relieved of the duty to
26 register under RCW 9A.44.143 if the person was convicted of a sex
27 offense; and
28 (v) The person has paid the full amount of restitution owing to
29 the individual victim named in the restitution order, excluding
30 restitution owed to any insurance provider authorized under Title 48
31 RCW.
32 (c) Notwithstanding the requirements in (a) or (b) of this
33 subsection, the court shall grant any motion to seal records of any
34 deferred disposition vacated under RCW 13.40.127(9) prior to June 7,
35 2012, if restitution has been paid and the person is ((eighteen)) 18
36 years of age or older at the time of the motion.
37 (5) The person making a motion pursuant to subsection (3) of this
38 section shall give reasonable notice of the motion to the prosecution
39 and to any person or agency whose records are sought to be sealed.
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 1 (6)(a) If the court enters a written order sealing the juvenile
2 court record pursuant to this section, it shall, subject to RCW
3 13.50.050(13), order sealed the official juvenile court ((record))
4 file, the social file, and other records relating to the case as are
5 named in the order. Thereafter, the adjudication and proceedings in
6 the case shall be treated as if they never occurred((, and the)). The
7 subject of the sealed records may reply accordingly to any inquiry
8 about ((the events, records of which are sealed)) the subject's
9 commission of a juvenile offense, including an inquiry about whether
10 the subject has a disqualifying arrest or adjudication, that the
11 subject does not have a juvenile arrest or adjudication. Any agency
12 shall reply to any inquiry concerning confidential or sealed records
13 that any such records are confidential, and no information can be
14 given about the existence or nonexistence of such records
15 ((concerning an individual)).
16 (b) In the event the subject of the juvenile records receives a
17 full and unconditional pardon, the proceedings in the matter upon
18 which the pardon has been granted shall be treated as if they never
19 occurred, and the subject of the records may reply accordingly to any
20 inquiry about ((the events upon which the pardon was received)) the
21 subject's commission of a juvenile offense, including an inquiry
22 about whether the subject has a disqualifying adjudication, that the
23 subject does not have such an adjudication. Any agency shall reply to
24 any inquiry concerning the records pertaining to the events for which
25 the subject received a pardon that any such records are confidential,
26 and no information can be given about the existence or nonexistence
27 of such records ((concerning an individual)).
28 (c) ((Effective July 1, 2019, the)) The department of licensing
29 may release information related to records the court has ordered
30 sealed only to the extent necessary to comply with federal law and
31 regulation.
32 (d) The court shall provide written notice to individuals whose
33 juvenile records are sealed under this section that includes
34 information about the meaning of having a sealed juvenile record. The
35 written notice required under this subsection shall be in
36 substantially the following form:
37 NOTICE
38 Your juvenile record is sealed. Under Washington law, if an
39 employer asks about your sealed adjudication, you can respond that
40 you have no prior juvenile arrest or adjudication. You might be
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 1 required to disclose the existence of a sealed adjudication under
2 federal law. If you have a subsequent juvenile adjudication or are
3 charged with an adult felony, your record will be unsealed.
4 (e) All Washington state government agencies that conduct state-
5 based background checks for licensing or hiring determinations may
6 not consider or use any information provided by an applicant related
7 to the commission of a juvenile offense or information produced by a
8 state source related to the commission of a juvenile offense unless<