What is the Juveniles with Vacated Deferred Disposition Cases query and how is it run?
The Juveniles with Vacated Deferred Disposition Cases query provides a list of Juvenile Offender (JO) cases which have a vacated deferred disposition, but the case has not been sealed, and the juvenile is 18 or will turn 18 in the month that the report is run. This report will also include the administrative hearing review date if a date was entered in the Secondary field on the SCOMIS Docket Screen. This was created to support compliance with legislative changes required by SSB 6240, Laws of 2012, affecting RCW 13.40.127.
Updated forms for use with deferred dispositions are available on the Court Forms page of the public web site:
- Order Dismissing Deferred Disposition (ORDSDD)
- Order on Unpaid Restitution RE: Dismissed Deferred Disposition (ORRST)
A deferred disposition that was vacated, but not sealed prior to June 7, 2012, cannot be sealed without a court order after a hearing on a motion to seal under RCW 13.50.260** filed with the court by the juvenile.
The report is generally available to both juvenile and superior courts on the 1st and 15th of the month or the first business day after those scheduled days. To find and display the report, a site coordinator should login to BIT, go to their inbox, and double click on "Vacated Deferred Disposition Cases." When the report runs, it adds a version number to the title, so a history of reports will collect in the folder, unless reports are deleted by the site coordinator.
The previous version of the Vacated Deferred Disposition Cases query provided a report of those juveniles whose cases might be eligible for sealing based on a deferred disposition, vacated charge, and the juvenile's 18th birthday. Between July 26, 2009, and June 7, 2012, RCW 13.40.127 required superior courts and juvenile departments to seal any vacated deferred disposition, S8 cases, and any associated referrals within 30 days of the juvenile's 18th birthday.
Under the former RCW 13.40.127(1)(a), the person's vacated deferred disposition record would be sealed:
- Within 30 days after the person turns 18;
- If restitution is paid; and
- No charges are pending.
Currently, RCW 13.50.260 requires that the court must grant a person's motion to seal the deferred disposition records vacated before June 7, 2012, if:
- The person is 18 or older when he or she files the motion; and
- Restitution is paid.
The person does not have to allege, and the court does not have to find, that there are no charges pending.
If it has been determined that the case is ineligible for sealing, the following process will remove them from displaying on future reports, thereby limiting the need to revisit cases/referrals. Juvenile Courts can remove the individual from the report by updating the associated referral in JCS with the Referral/Reason Status of CLC IV - Deferred Sealing Ineligible.
Note: A separate report has been created to accommodate legislative changes under 2SHB1651. See eService for information about Juvenile cases eligible for sealing under 2SHB1651. The Juveniles with Vacated Deferred Disposition Cases Query continues to be required its automatic sealing authority is set out in RCW 13.40.127
See also eService 2014 Legislative Changes Impacting Superior Courts and Juvenile Departments for more information on the Juvenile Records bill and other changes made in 2014.
RN id: 2150