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How long does it take to expunge a class a sex offense that happened 18 years ago and convicted as a juvenile.

Seattle, WA |

Is it even possible to expunge or seal? How much does it cost and what is the process?

Attorney Answers 3

Posted

One cannot vacate or expunge almost any sex offense as almost every sex would be considered a "crime against a person." Depending on the specifics of your case, however, it may be possible to remove the sex offender registration requirement. I suggest you consult with an experienced criminal defense attorney to discuss the specifics of your case.

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Posted

If you were convicted of a Class A sex offense as a juvenile and you wish to seal the record of that conviction you must first petition the court to terminate your duty to register as a sex offender.

RCWA 9A.44.143 provides that an offender having a duty to register as a result of a sex offense or kidnapping offense committed when the offender was a juvenile may petition the court to be relieved of that duty under the following circumstances:

(2) For class A sex offenses or kidnapping offenses committed when the petitioner was fifteen years of age or older, the court may relieve the petitioner of the duty to register if:

(a) At least sixty months have passed since the petitioner's adjudication and completion of any term of confinement for the offense giving rise to the duty to register and the petitioner has not been adjudicated or convicted of any additional sex offenses or kidnapping offenses;

(b) The petitioner has not been adjudicated or convicted of a violation of RCW 9A.44.132 (failure to register) during the sixty months prior to filing the petition; and

(c) The petitioner shows by a preponderance of the evidence that the petitioner is sufficiently rehabilitated to warrant removal from the central registry of sex offenders and kidnapping offenders.

(3) For all other sex offenses or kidnapping offenses committed by a juvenile not included in subsection (2) of this section, the court may relieve the petitioner of the duty to register if:

(a) At least twenty-four months have passed since the petitioner's adjudication and completion of any term of confinement for the offense giving rise to the duty to register and the petitioner has not been adjudicated or convicted of any additional sex offenses or kidnapping offenses;

(b) The petitioner has not been adjudicated or convicted of a violation of RCW 9A.44.132 (failure to register) during the twenty-four months prior to filing the petition; and

(c) The petitioner shows by a preponderance of the evidence that the petitioner is sufficiently rehabilitated to warrant removal from the central registry of sex offenders and kidnapping offenders.

Once the petition to terminate duty to register as a sex-offender has been granted, it is a rather simple matter to then have the file sealed.

Cost to terminate duty to register and then to seal the court file varies depending on the particular circumstances of each individual case.

Give me a call if you wish to discuss further.

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Mark C Blair

Mark C Blair

Posted

In determining whether the petitioner is sufficiently rehabilitated to warrant removal from the central registry of sex offenders and kidnapping offenders, the following factors are provided as guidance to assist the court in making its determination; to the extent the factors are applicable considering the age and circumstances of the petitioner: (a) The nature of the registrable offense committed including the number of victims and the length of the offense history; The offenses for which the respondent was found guilty in this case are two counts of 1st Degree Child Molestation. The Affidavit of Probable cause filed in this case is attached for the courts reference. It would appear that the Respondent had only one known victim, but that the abuse occurred numerous times over a number of months. (b) Any subsequent criminal history; The respondent does not appear to have any subsequent criminal history. (c) The petitioner's compliance with supervision requirements; The Respondent’s compliance with parole or treatment is unknown to the State at this time. The Respondent has not provided any documents or letters from his parole officer or JRA, nor has he shown that he successfully completed sexual deviancy treatment. (d) The length of time since the charged incident(s) occurred; It has been 10 years since the incidents occurred. (e) Any input from community corrections officers, juvenile parole or probation officers, law enforcement, or treatment providers; Respondent has not provided any indication that he has received input from any of these sources. (f) Participation in sex offender treatment; Respondent has shown no evidence that he participated in sex offender treatment. From the documents provided, it does not appear that he has ever admitted this offense, which would make it extremely unlikely that he could meaningfully participate in sexual deviancy therapy. (g) Participation in other treatment and rehabilitative programs; The State is not aware of any other treatment/rehabilitative programs. (h) The offender's stability in employment and housing; The Respondent appears to have stable housing, with his mother, but does not have stable employment. (i) The offender’s community and personal support system; The Respondent appears to have support from his family members and family friends. (j) Any risk assessments or evaluations prepared by a qualified professional; The Respondent has not provided a current risk assessment or evaluation. (k) Any updated polygraph examination; The Respondent has not provided a recent polygraph examination. (l) Any input of the victim; The state has been unable to reach the victim in this case. The State is not sure what the victim’s wishes are at this time. (m) Any other factors the court may consider relevant.

Posted

Generally speaking, neither a Class A, nor a sex offense is eligible for vacating (also known as expunging in other states). The one twist in your facts would be that the case was as a juvenile. Under certain, very limited circumstances Washington caselaw may provide a remedy for your situation. You should seek out an attorney in your area who knows about vacating juvenile offenses.

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