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Asked 7 months ago - Seattle, WA
FlagIs it even possible to expunge or seal? How much does it cost and what is the process?
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.
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.
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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