Legal Question in Criminal Law in Washington

My son received a felony conviction for theft when he was 14. We were told that after completing the community service, paying all fines and with the 3 days served in detention his conviction would be expunged. Now he is 22, and a soldier in the US Army and has spent a year in Iraq. He will be leaving the army in about 7 months when his 4 years are up. He would like to become a police officer but a requirement is no felonies in your background. Our question is, does he have one in his background? He doesn't know if it's really gone or just sealed. Thank you for your help.


Asked on 6/10/11, 9:40 am

1 Answer from Attorneys

Paul Ferris Law Office of Paul T. Ferris

Contact the clerk's office and ask if the case has been sealed. If so, the incident is to be treated as if it never occurred. Note that this does not mean that the record has been completely destroyed; the court has the file under seal; law enforcement agencies maintain a record, but are prohibited from disseminating information about the case.

If it has not been sealed, you have several options:

If he received a deferred disposition and the conviction was vacated and the charge dismissed after probation expired, request that the clerk seal the file under RCW 13.40.127 (if he qualifies). In this situation, it is not necessary to file a motion hold a hearing.

If an order of adjudication (no deferred sentence) was filed, he will have to file a motion to seal. You can find forms and instructions at www.courts.wa.gov . Go to "Forms" and then "Juvenile Records".

If your son's felony has not been sealed, he is prohibited from possessing firearms under Washington state law. There is case law that supports the argument that a person whose juvenile record has been VACATED and sealed is not precluded from possessing firearms. Note that sealing is no permanent. If the case is sealed and he is subsequently charged with a felony or if he is convicted of any crime, the sealing order is nullified. Although the proceedings are "to be treated as if they never occurred", there is no precedent for determining with certainty that a person whose juvenile record was unsealed does not have a firearm disability. For this reason, it would be prudent to independently petition for restoration of gun rights rather than rely solely on the sealing of a juvenile record.

Read more
Answered on 6/10/11, 9:58 am


Related Questions & Answers

More Criminal Law questions and answers in Washington