Read Wash. Rev. Code § 13.50.150 when the issue is confidential records. The same section also deals with expungement to protect due process rights. The statute says: “Nothing in this chapter shall be construed to prevent the expungement of any juvenile record ordered expunged by a court to preserve the due process rights of its subject.”
Appellate readings
Allan B. Monroe Et Al. v. George P. Tielsch, 84 Wash. 2d 217 (1974) is worth reading in full. The opinion puts it this way: “Let us assume that one of these particular petitioners is later before juvenile court and his arrest records have been expunged.”
The State of Washington v. Randy Breazeale, 99 Wash. App. 400 (2000) is worth reading in full. The opinion puts it this way: “We conclude that both statutes authorize sealing of criminal records and narrowly limit their future use, notwithstanding an arguably contrary provision of the Washington State Criminal Records Privacy Act, RCW 10.97.030.”
The State of Washington v. Robert Lee Thomas, 35 Wash. App. 161 (1983) is worth reading in full. The opinion puts it this way: “Ct. 986 (1983), the Court concluded that expunction of a criminal record pursuant to a state statutory proceeding does not prevent use of the expunged conviction for the purpose of revoking a perpetrator's federal license to deal in firearms.”
A practical sequence
- Open Wash. Rev. Code § 13.50.150 and read the part on confidential records. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Washington county uses, then check the form against Wash. Rev. Code § 13.50.150.
- Then read Allan B. Monroe Et Al. v. George P. Tielsch, 84 Wash. 2d 217 (1974). That is a Washington court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Washington?
Wash. Rev. Code § 13.50.150 deals with confidential records. The same section also deals with expungement to protect due process rights. The statute says: “Nothing in this chapter shall be construed to prevent the expungement of any juvenile record ordered expunged by a court to preserve the due process rights of its subject.”
How have Washington courts ruled on expungement?
Allan B. Monroe Et Al. v. George P. Tielsch, 84 Wash. 2d 217 (1974) “Let us assume that one of these particular petitioners is later before juvenile court and his arrest records have been expunged.”
Read Wash. Rev. Code § 13.50.150 in full before you file. A quotation on this page is a starting point, not the whole section.