Washington

NOTE TO USER:

While every attempt has been made to ensure accuracy, local practices and procedures may vary.  We encourage every user to consult with an experienced juvenile justice practitioner in the jurisdiction to determine how best to proceed in any particular situation.        

 

 

Juevenile Collateral Consequences in the State of Washington

 

Introduction

            Washington State’s laws impose on juveniles many of the same collateral consequences that imposed on adults.[1] State law allows the general public to attend juvenile court proceedings and freely access juvenile adjudication records in the same manner as adult conviction records.[2] Together, open public records and the proclivity for treating adults and juveniles the same result in many long-term penalties for juveniles adjudicated in Washington courts.

            Many of the numerous collateral consequences flowing from a juvenile adjudication are included in the Washington State Supreme Court approved juvenile plea forms.[3] There is still no enforceable duty for the court to notify juveniles of the collateral consequences of pleading guilty[4]; however, the Washington Supreme Court has recently found that misinformation regarding sentencing consequences given by a juvenile’s attorney may invalidate a juvenile’s plea.[5]

            There has been no state led effort to compile the list of collateral consequences of juvenile adjudications or to study the impact these consequences have on juvenile offenders or on society. There has been an effort by the Washington Defender Association, Washington’s professional association of public defense attorneys, to educate attorneys, judges, and others on these consequences through the publication of materials for practitioners to ensure that juveniles and families understand the seriousness of juvenile court adjudications.[6]

            Recent amendments to Washington’s juvenile code may ease some of the collateral consequences and discretionary disqualifications related to being found guilty in juvenile court.[7]  After many years of increasing the collateral consequences of juvenile adjudications, the Washington legislature has taken steps to allow individuals to seal more juvenile records and has restored statutory language making a clear distinction between an adult “conviction” and a juvenile “adjudication.”[8] This statutory change will put the status of many juvenile collateral consequences in flux, as some laws and regulations specifically reference “convictions.”[9]

 

Understanding the Justice System  

            Washington’s juvenile courts generally have exclusive original jurisdiction over youth between the ages of eight and eighteen, with some statutory exceptions.[10]  Children under the age of eight are statutorily presumed incompetent.[11]  All youth eighteen and older charged with crimes are treated as adults; however, juvenile court jurisdiction may be extended to a youth’s twenty-first birthday if the charge is filed prior to the youth’s eighteenth birthday.[12]  Jurisdiction may also be extended for up to twenty years past an offender’s eighteenth birthday for purposes of enforcing restitution orders.[13] In addition, youth who are sixteen or seventeen and charged with certain statutorily enumerated crimes are automatically treated as adults with no opportunity to be heard in juvenile court unless found guilty of a lesser, non-enumerated offense.[14]  The juvenile court may also use its discretion to “decline” jurisdiction over any juvenile charged in juvenile court and allow the case to be filed in adult court after a decline hearing.[15] The prosecutor and respondent may file a motion requesting a decline hearing, but a court may also initiate such a hearing on its own motion.[16]

            Juveniles in Washington are not “convicted of a crime” but are adjudicated as juvenile offenders.[17]  However, many of the distinctions between “conviction” and “adjudication” have been eliminated.[18] The term “delinquent” is not found in Washington’s juvenile justice code.  In many ways Washington’s juvenile justice system is very similar to its adult system.  Juveniles are arrested, taken into custody, charged by information, adjudicated by a Superior Court judge or commissioner in a public trial, and sentenced under a determinate sentencing scheme.[19]  Washington’s juvenile sentencing laws, like adult sentencing laws, require judges to impose sentences within specific standard sentencing ranges for each crime.[20]  A judge may only sentence outside those ranges upon finding that an alternative sentencing option is appropriate or the sentence would result in a “manifest injustice.”[21]  Juvenile rehabilitation facilities do not have discretion to hold or release juveniles outside of the fixed ranges imposed by the court.[22]

 

Notification of Collateral Consequences of Juvenile Records

            The Washington State Juvenile Court Rules proscribe a standard juvenile plea form, which provides written notice of several collateral consequences, including potential immigration consequences, disqualification from public benefits, sex offender registration, revocation of driving privileges, revocation of firearms rights and DNA collection.[23] There is no requirement under Washington law that a parent be notified of these consequences or otherwise be involved in a child’s plea. The court’s failure to notify a juvenile of the collateral consequences of a plea will not necessarily render the plea involuntary; however, if an attorney misinforms a juvenile about a collateral consequence, it may form the basis for withdrawing a plea.[24]

 

Treatment of Juvenile Arrest Records

Is DNA routinely collected?

            DNA is collected after disposition for all felony crimes and all misdemeanor sex and harassment offenses.[25]  The samples are in a database maintained by the Washington State Patrol.[26]  There is no procedure for removing a sample from the database.[27]

Are juvenile arrest records made public?

            Records of arrests less than one year old, whether or not the arrest resulted in a juvenile adjudication, are available without restriction through the Washington State Patrol for a nominal fee.[28]  If the arrest leads to a court appearance, that court record is freely available through the court clerk’s office and Washington State Courts Judicial Information System (JIS).

Do police have the authority to distribute juvenile arrest data?

            Police may distribute arrest information and incident reports directly to schools.[29] There are also no restrictions on public distribution of juvenile arrest information less than one year old.[30] The Washington State Patrol is the state police agency that routinely distributes these records.[31]

 

Treatment of Juvenile Court Records   

At what point in the court process do records begin?

            Court records in a juvenile offender matter begin with the initial court hearing.[32]  This will be either a first appearance/detention review hearing or an out of custody arraignment on the information, a charging document alleging that the juvenile committed a crime.[33] A first appearance/detention review hearing for an arrested juvenile must be held no later than forty-eight hours following the arrest.[34] The hearing will create a publicly accessible court record even if there is no finding of probable cause or the youth is never charged.  Similarly, an arraignment will generate a public court record even if the charge is subsequently dismissed or diverted.[35]                                                              

Where are juvenile records stored?       

            County superior court clerks are required to transmit disposition information from the official juvenile court file to the WSP.[36] Information from the clerk’s office is also electronically transmitted to JIS, which stores juvenile court record information through two database management systems:  SCOMIS (Superior Court Management Information System) and JCS (Juvenile and Corrections System).[37]   JIS is governed by the JIS Committee.[38] The Washington Administrative Office of the Courts (AOC) sells court records, including juvenile records, to various private individuals and companies.[39]

            The WSP maintains a database for juvenile and adult conviction and arrest records accessible by the public for a fee.[40]

Who can access juvenile arrest and court records?

            The Washington State Patrol responds to all criminal background check requests without distinction, reporting all adult and juvenile convictions and adjudications equally.[41] In fact, the Sentencing Reform Act was amended in 1997 to define “conviction” to include juvenile adjudications.[42]

            Records of juvenile court proceedings are available to the public without restriction unless and until the records are sealed by court order.[43] The public can also access juvenile arrest records that are less than one year old, even if the arrest did not lead to a juvenile adjudication.[44] Portions of these records are also available for free on-line.[45]                        

What information does a juvenile court record contain?

            The publicly accessible official juvenile court file contains all court documents filed in the proceeding and includes: the information, certificate of probable cause, motions, memorandums, briefs, docketing information, findings of the court, and court orders.[46]  The court file does not include social information such as disposition reports or risk assessments unless filed by the parties.  These social records are not accessible to the public, but may be accessed by other participants in the juvenile justice system.[47]

            The JIS automated database provides three levels of information.  For free through the JIS website, the general public can access the juvenile’s name, court, case number and “court information” which is an unspecified date related to the case.[48] For some of these cases, the docketing information can be reviewed.[49] For a fee, the public can access the SCOMIS database on-line through JIS-Link. SCOMIS contains filing dates, docketing information, court information, the charge, disposition (sentencing), and other information that is taken from the official juvenile court file. Finally, the JCS (Juvenile and Corrections System) database is used by participants in the juvenile justice system and is not accessible to the public.  According to the JIS website, JCS “enables courts and prosecutors to track referrals to the courts, records a juvenile's activity in the juvenile justice system, and links referrals to cases filed against juveniles and recorded in SCOMIS. It displays relevant information from SCOMIS and JIS in addition to JCS. It supports the management of referrals and cases, the diversion of juvenile cases, and the detention of juveniles; it maintains social information including risk assessments.”[50]

            Finally, juvenile and adult arrest and conviction records are retained and disseminated by the Washington State Patrol.[51]  These records will include the juvenile’s name, birth date, arrest date and the presenting charge.

   

Sealing and Expunging Juvenile Records

Do juveniles have the ability to seal arrest and court records?

            Juvenile arrest and court records, with the exception of sex offenses, can be sealed by court order if certain statutory criteria are met.[52]

Do juveniles have the ability to expunge arrest and court records?

            Generally, juvenile diversion records are not part of the official juvenile court file and are not open to the public.[53] Records of diversion may be destroyed either by court order, or in limited circumstances, automatically.[54]

How does a juvenile seal a record?

            A person adjudicated in juvenile court may seal a juvenile record by filing a Motion to Seal and setting a hearing with the court that entered the adjudication.[55]  Along with the motion, the subject of the record must file a declaration stating that the following statutory requirements for sealing the record have been met:  (1) no pending adult or juvenile criminal charges; (2) no pending diversions; (3) restitution has been paid; and (4) the individual has remained crime free for either two or five years since the date of disposition or release from confinement, depending on the seriousness of the crime.[56] The former offender must give notice of the hearing to the prosecutor, the Washington State Patrol, and other agencies in possession of the juvenile’s record.[57] If the former offender has met all statutory criteria, the court will enter an order vacating the finding of guilt sealing the file from public view.[58]                                                                             

Who has access to sealed juvenile records?

            Sealed court records are only accessible to prosecutors and to court clerks.  No information about the “existence or nonexistence” of sealed records can be released by courts or agencies in response to subsequent inquiries by the public.[59] If a person is adjudicated of a new juvenile offense or convicted of a crime, the sealing order is nullified and the court record is again available to the public.[60] If a person is charged with an adult felony offense the sealing order is nullified for purposes of adult sentencing.[61]                                                             

How will sealed juvenile records affect a juvenile in the future?

           By statute, once a juvenile record is sealed “the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events.”[62]  However, because the Washington Administrative Office of the Courts displays juvenile criminal history on-line and sells court records to private companies specializing in records searching, a sealed record may be discoverable through any number of private companies. Unfortunately, there are examples of young people sealing juvenile records and later having the records surface through background checks administered through private companies that may not have updated their databases.[63]

            As referenced above, a subsequent juvenile adjudication, adult conviction or adult felony charge will nullify the sealing order.[64]  The previously sealed juvenile adjudication will be used for purposes of adult sentencing and will remain in the person’s criminal history.[65]  

 

Challenging Court Record and Arrest Record Accuracy

            Requests to correct juvenile criminal history records held by a “juvenile justice care agency,” which includes courts, police, prosecutors, detention facilities, among others, may be made by filing a motion in the juvenile court where the adjudication was entered.[66]  Erroneous arrest and conviction records held by the Washington State Patrol may be corrected by filing a written request with the agency.[67]

 

Employment Opportunities  

            Juvenile adjudications, like adult convictions, may result in ineligibility for a variety jobs and occupational licenses in Washington State.  Although the Restoration of Employment Rights Act, RCW 9.96A, prohibits government entities from denying employment or occupational licenses to persons solely based on felony convictions, there are numerous exceptions to this general rule.[68]  In addition, there is no law specifically preventing private employers from discriminating against individuals with juvenile criminal history.  Unless the record has been sealed, juvenile adjudications are accessible to employers through the Washington State Patrol, the courts, and private companies which collect information from public databases.[69]

            Although some states ban the practice, Washington employers and occupational licensing authorities are permitted to ask job applicants about arrests and can consider arrests during the hiring process.[70] However, there is some limit. It is an unfair practice to ask about arrests older than ten years and inquiries must include whether the charges are still pending, have been dismissed, or led to conviction of a crime involving behavior that would adversely affect job performance.[71]  Certain organizations, such as law enforcement, state agencies and organizations that have direct responsibility for the supervision, care, or treatment of children, mentally ill persons, developmentally disabled persons, or other vulnerable adults are exempt from these restrictions.[72]

Can employers view sealed juvenile records?

            Employers should not have access to juvenile criminal history that has been sealed.[73]  However, because Washington courts sell juvenile criminal history data to private companies that maintain databases, sealed records may be obtained where databases have not been updated to reflect a sealing order.[74]

What type of employers can disqualify applicants based upon juvenile records?

            All employers can consider unsealed juvenile records less than ten years old; however, certain employers, as set forth below, are required to consider unsealed juvenile criminal history through mandatory background checks and in some circumstances use it to disqualify applicants from certain jobs.

Background Checks Required:  Criminal background checks are required for all persons and organizations that are licensed and/or contracted to provide services to children or vulnerable adults.[75]  For people applying for licenses to provide child care, foster care or care for persons with developmental disabilities, the Department of Social and Health Services (DSHS) must do background checks on all household members sixteen years and older who are not already foster children.[76]  School districts and contractors with employees who will have regular unsupervised access to children are also required to do criminal background checks on employees.[77] For these positions, juvenile adjudications will be disclosed just like adult convictions on criminal background checks.[78]

Nursing Homes, Childcare, etc.:  “Crimes against children or other persons”[79]  will prohibit people from working in nursing homes, adult family homes, boarding homes, and child care facilities.[80] Assault in the fourth degree. “Crimes of financial exploitation,”[81] including theft in the third degree, and drug offenses will also make a person ineligible to work with vulnerable adults, e.g., in nursing homes.[82] The time limits for ineligibility for jobs varies depending on the crime committed. 

            People with felony convictions for crimes against children, spousal abuse, and violent crimes will be permanently prohibited from contracting with or being licensed by DSHS to provide any type of care to children or individuals with a developmental disability.[83]  Convictions for assault or sex offenses not included in the permanent bar, any felony drug conviction, or any other felony, will disqualify individuals from licensing, contracting, certification, or from having unsupervised access to children or individuals with a developmental disability for five years.[84]

            It is unclear whether a juvenile adjudication will still be considered a “conviction” under some of these rules when a statute authorizing DSHS background checks defines “conviction records” to include those related to “crimes” committed by juveniles but the rules adopted by DSHS only use the term “conviction.”[85]

Schools:  Certified school employees are required to have “good moral character,” which means no felony convictions involving children as victims and no convictions of any kind in the last ten years, including motor vehicle violations, which “would materially and substantially impair the individual’s worthiness and ability to serve as a professional within the public and private schools of the state.”[86]  It is unclear whether a juvenile adjudication would still be considered a “conviction” under these rules where the statute authorizing school employee background checks defines “conviction records” to include those related to “crimes” committed by juveniles.[87]

Professional Licenses:  Many jobs require a person to be licensed by the Washington State Department of Licensing and the Department secretary is authorized to receive criminal history information for applicants for those jobs.[88]  Those jobs include, among others, massage therapists, midwives, chiropractors, cosmetologists, nursing assistants, dental assistants, and mental health counselors.[89]  Juvenile adjudications can interfere with a person’s ability to obtain these licenses from the Department of Licensing.[90]

Other Jobs Affected:  Other examples of jobs that may be precluded by certain types of juvenile adjudications include law enforcement[91] and tow truck operators contracting with Washington State Patrol.[92] There are several other jobs which are affected by adult criminal history and may also be affected by juvenile criminal history depending upon how the statute, rule or regulation defines “conviction.”[93]

Jobs Requiring a Driver’s License or Ability to Possess a Firearm:  Since many jobs require the ability to drive, the penalty of losing a driver’s license may prohibit some individuals from future employment, at least for a period of time.[94]  Similarly, a conviction results in losing the right to possess a firearm,[95] but a petition may be filed with a court of record, requesting the restoration of gun rights.[96]

How should juveniles respond to inquiries about a juvenile record on job applications?

            If an employment application asks if the person has been “convicted” of a crime, the applicant can answer “no” with respect to juvenile adjudications.[97] However, because unsealed juvenile adjudications are publicly accessible and available through criminal history background checks, employers will still be able to access the information.

 

Collateral Consequences Affecting Elementary & Secondary Education Students

            In Washington, a youth’s involvement with the juvenile justice system will have several immediate and possibly long-term consequences on the juvenile’s education.  Participants in the juvenile justice system may freely share information “pertaining to the investigation, diversion and prosecution of [the] juvenile” with schools and, in some cases, are required to do so.[98]  Certain offenses will trigger mandatory notification of the juvenile’s school and a requirement that the school consider or impose a suspension or expulsion.[99]

Can a felony complaint or felony charge brought against a juvenile affect elementary or high school education?

            Both felony and misdemeanor charges and adjudications may result in notification of the juvenile’s school and suspension or expulsion.

School Notification:  After any juvenile arrest or decision to arrest, the police and prosecuting attorney have discretion to give the juvenile’s schoolany information “pertaining to the investigation, diversion and prosecution of [the] juvenile” including any police incident reports.[100] Adjudication of many offenses requires notification to the principal of the school where the juvenile attends.[101]  These offensesinclude assault, drug and alcohol violations, violent and sex offenses, kidnapping, arson and firearms violations.[102] This list includes both misdemeanor and felony offenses. If notified about sexual or violent offenses, the principal must give the information to the student’s teachers, persons who supervise the student, and anyone else the principal deems necessary for security purposes.[103]

Mandatory Consideration of Long-term Suspension or Expulsion: For the offenses listed above requiring school notification, the principal is also required to consider imposing a long-term suspension or expulsion.[104] In addition, a student found to have committed the offense of Criminal Gang Intimidationor Possessing Dangerous Weapons on School Grounds must also be considered for long term suspension or expulsion where there have been two or more violations in three years.[105]

Restrictions On Contact With Victims:  If a juvenile commits assault, kidnapping, harassment or arson directed toward a teacher, that student “shall not be assigned to that teacher’s classroom” again.[106]  If a juvenile commits any of those offenses against another student, the juvenile “may be removed” from the classroom of the victim for the duration of school attendance.[107] Commission of any of those offenses is also grounds for suspension or expulsion.[108]

Sports Eligibility: A student’s eligibility to participate in school athletic programs may also be affected by juvenile criminal activity.  In Washington, sports eligibility is governed by the rules of the Washington Interscholastic Activities Association (WIAA), individual school districts and individual schools.[109] Student athletes found to have violated the laws of prescription drugs or controlled substances by the illegal possession, use, or sale, will be immediately ineligible for participation in an interscholastic sports program pursuant to WIAA rules.[110]  WIAA rules do not specifically address other criminal activity.                    

If a charge or complaint has been brought against a youth, how long can a suspension from elementary or secondary education last?

            Suspensions in Washington are either short-term (ten days or less)[111] or long-term (more than ten days.)[112] An expulsion is an exclusion from school for an unidentified period of time.[113] The imposition and duration of most school suspensions and expulsions are left to the discretion of the school administration; however, a mandatory one year expulsion will be imposed on a student who is “determined to have” carried a firearm onto, or to have possessed a firearm on, public elementary or secondary school premises, public school-provided transportation, or areas of facilities while being used exclusively by public schools.[114]  An adjudication or conviction is not required.[115]                  

If a youth is suspended from school because of a charge or a complaint brought against him or her, is there any relief available?    

            The relief available depends on whether the student receives a short or long-term suspension or an expulsion.

Short-term Suspensions: If the suspension is short-term, the student is entitled to an informal conference with the school principal or designee to challenge the suspension.[116]  If unsatisfied with the result of the informal conference the student may file a grievance with the school superintendent.[117]  From that decision, the student may file a grievance with the school board, which must provide its response within ten school business days.[118]          

Long-term Suspension: A long-term suspension may be challenged through a hearing before a hearing officer where witnesses may appear and be questioned.[119]  The student must request a hearing within three days of receiving notice of the suspension.[120]  The school district is required to set a hearing within three days of receiving the request.[121]  The hearing officer’s decision may be appealed to the school board or the school district disciplinary appeal council and, from there, to the Superior Court.[122]

Expulsions and Emergency Expulsions: Expulsions and Emergency Expulsions may be challenged in the same way as long-term suspensions; however, for Emergency Expulsions, the student has ten days to request a hearing from the date he or she receives notice of the expulsion.[123]  Students who are suspended or expelled may ask to be readmitted at any time by filing a petition for readmission.[124]  School districts must develop policies regarding readmission requirements.[125]

Special Education Students:  Students with disabilities who are covered by the Individuals with Disabilities Education Act (IDEA) have special protections when facing school discipline.[126]  When facing a long-term suspension or expulsion, a special education student has the right to a “manifest determination” meeting to determine whether the behavior for which the student is being disciplined is related to a disability.[127]  If it is, the student may not be punished and the school is required to take steps to remedy the deficiencies.[128] Certain criminal behaviors by special education students will relieve the school of its duty to make a manifest determination if the behaviors occur at school, such as possession of dangerous weapons, drug violations and the infliction of serious bodily injury.[129]

Can a youth be suspended or face expulsion from elementary or secondary school, even if records are sealed or expunged?

            Sealing rarely affects a student’s suspension or expulsion since it is not available to student until either two or five years after the student’s release from confinement or disposition date; however, the school district’s decision to suspend or expel a student does not need to be made based on an adjudication, but can be imposed based on the underlying behavior.[130]                         

Are there any collateral consequences effecting access to state higher education for a juvenile that has been adjudicated delinquent or charged with a crime?

            A majority of Washington’s state universities do not request information about an undergraduate applicant’s adult or juvenile criminal history for purposes of making admissions decisions.  The University of Washington,[131] Washington State University,[132] Eastern[133] and Central[134] Washington Universities do no require disclosure of adult or juvenile criminal history information on their freshman applications.  Western Washington University’s application may trigger disclosure of a juvenile arrest or charge with the following question: “Other than a minor traffic violation, have you ever been convicted of a criminal offense, or are there criminal charges pending against you at this time?”[135]

            Several state university graduate programs and professional schools currently request information regarding both juvenile and adult criminal records and pending charges, whether or not they have been expunged.[136]                                                       

 

Collateral Consequences to Receipt of Public Benefits & Privileges   

Will a juvenile record affect receipt of public benefits including, welfare benefits, food stamps, teen parents’ custody of their children, medical care, etc.

            Juveniles with outstanding felony warrants or outstanding warrants issued as a result of parole or probation violations (“fleeing felons”) are ineligible to receive cash or food assistance.[137]         

Will a juvenile record affect chances of becoming a foster parent or adopting a child?

            The Department of Social and Health Services (DSHS) is required to perform criminal background checks through the Washington State Patrol on persons seeking foster care licenses.[138] These background checks will reveal unsealed juvenile adjudications that can be considered by the agency.[139] According to rules adopted by DSHS, certain “convictions” will permanently or temporarily bar a person from receiving a foster care license; however, it is unclear whether a juvenile adjudication will be treated as a conviction given recent amendments to the juvenile code.[140]

            Adoptive parents are also required to undergo background checks through the Washington State Patrol as part of a pre-placement report, which must be submitted to the court with adoption petitions.[141]                                           

Can a juvenile record (or a household member’s juvenile record) affect eligibility for public housing?

            Federal law regulates admission and eviction from housing programs funded through the U.S. Department of Housing and Urban Development (“HUD”). There are different types of HUD programs[142] generally administered through local Public Housing Authorities like the Seattle Housing Authority.  Different housing providers receiving the same HUD funding may have different admission and eviction requirements; however, HUD requires landlords to deny housing for certain crimes described below.

            Households that include a juvenile who must register as a sex offender will be banned from public housing forever.[143] Households which include a member who has been convicted, as an adult or juvenile, of manufacturing or otherwise producing methamphetamine on the premises of a federally assisted housing program will also be banned permanently from admission to public housing.[144]

            Households which include a member, adult or juvenile, who the housing provider determines is currently engaged in illegal use of a controlled substance or who the housing provider has a reasonable belief that the household member’spattern of illegal drug use may threaten the health safety or right to peaceful enjoyment of the premise by other residents will also be banned from public housing.[145]  When considering whether to admit a household that was formerly been rejected due to a member’s illegal drug usage, the housing provider may consider the member’s rehabilitation as evidenced by completing or participating in treatment.[146]

            A HUD housing provider may exclude any household which includes a member currently engaging in, or has engaged in during a reasonable time before the admissions decision, any drug-related or violent criminal activity or other criminal activity which would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents, the owner, or public housing agency employees.[147]                                                              

Can an arrest or adjudication of a juvenile household member result in a family being evicted from public housing?

            Drug related criminal activity by juvenile household members, whether on or off the premises, can result in the entire family being evicted since family members may be evicted for the drug related activity of other household members or guests.[148] In addition, any criminal activity that threatens the health, safety, or right to peaceful enjoymentof other tenants can result in eviction from public housing projects.[149] There may be an “innocent tenant” defense under Washington law or some municipal codes.[150]For other HUD funded projects, drug related criminal activity, drug or alcohol abuse, or any criminal activity that threatens the health, safety, or right to peaceful enjoymentof residents living in the immediate vicinity may result in eviction.[151]

 

Collateral Consequences Affecting Driving Privileges

Can having a juvenile record affect getting or keeping a driver’s license or permit?         

            A juvenile’s ability to keep or obtain a driver’s license will be affected by adjudications for offenses related to drugs, alcohol, firearms and driving.  The juvenile court is required to notify the Department of Licensing (“DOL”) when juveniles are adjudicated for certain offenses or enters into diversion agreements for certain offenses.[152] The legislative change made to the definition of juvenile “adjudication” in 2010 may ease some restrictions on license suspension and revocations.[153]

Minors in Possession of Alcohol, Drugs, or Firearms:  A juvenile adjudicated of Minor in Possession of Alcohol (“MIP”);[154] possession, sale or use of controlled substances (“VUCSA”);[155] illegal possession, sale or use of prescription drugs[156] or imitation controlled substances;[157]or possession of a firearm[158]could have the right to drive revoked for a period of one year or until the juvenile turns seventeen (whichever is longer) for a first offense.[159] For a second offense the revocation is for two years or until the juvenile is eighteen (whichever is longer).[160] The revocation periods for multiple MIP’s are treated consecutively but they cannot last beyond a juvenile’s 21st birthday.[161]

Driving Under the Influence (DUI): There are consequences for DUI’s and driving with a “lack of physical control.”  The consequences depend on whether or not this is a first offense, the level of intoxication or impaired ability,[162]and the resulting offense.[163]

Reinstatement:  A juvenile convicted of a first offense involving drugs, alcohol or a firearm can petition the court for reinstatement ninety days after the date the juvenile turns sixteen or ninety days after the incident date (whichever was later). If it is the second offense, the juvenile cannot petition until turning seventeen or until one year has passed (whichever is longer).[164]  When a juvenile’s license has been suspended because of consecutive MIP revocations the license is automatically reinstated when a juvenile turns twenty-one.[165]

Other Offenses Involving Motor Vehicles:  For all juveniles driving during the offense, adjudications for the following crimes may require suspension, revocation or disqualification of driving privileges for varying time periods depending upon whether it is the first or subsequent offense:

  • Taking a Motor Vehicle (drivers only) and any felony involving a motor vehicle (one year revocation);[166]
  • Vehicular Assault (one year revocation);[167]
  • Vehicular Homicide (two year revocation);[168]
  • Racing or Reckless Driving (potential one year revocation);[169]
  • Hit and Run Attended (potential one year);[170]
  • DWLS/R first or second degree;[171]
  • Attempting to Elude;[172]
  • Unattended Child in Running Vehicle;[173]
  • Reckless Endangerment in a Construction Zone (suspension of sixty days or more).[174]

            For juveniles convicted of the above offenses, there is no provision to petition DOL for early reinstatement.

Diversion Agreements:A juvenile entering into diversion agreement for drug or alcohol offenses may have a license suspended or revoked by the Department of Licensing (“DOL”) courting a manner similar to juvenile adjudications.[175] Under certain circumstances, a diversion unit is permitted to “counsel and release” a juvenile rather than enter into a diversion agreement.[176] An agreement to counsel and release a diversion candidate is not sent to the DOL and does not affect a juveniles’ ability to drive.[177]

            DOL will reinstate a juvenile’s driving privileges upon receiving notice of completion of a diversion agreement; however, not before ninety days after the sixteenth birthday or ninety days after entering into the diversion agreement, whichever is longer, if it was a first offense. If it is a second or subsequent offense, DOL will not reinstate the juvenile’s driving privileges until the seventeenth birthday or one year after entering a diversion agreement, whichever is longer.[178]

Intermediate Licenses for Sixteen and Seventeen Year Olds:  New drivers under the age of eighteen must obtain an “intermediate license.”[179] A juvenile will  not be eligible for the intermediate license if he or she has received any traffic violations for the previous six months or been adjudicated for any offenses related to alcohol or drugs during the time the applicant had an instruction permit.[180]  An MIP or other driving offense will affect an intermediate license in the same way as a standard license.

Driving Without a License or Driving While a License is Suspended or Revoked:  It is a misdemeanor to drive without a valid driver’s license if the license has been suspended or revoked or if the person is not carrying valid identifying documentation.[181] Otherwise, driving without a valid driver’s license is an infraction. Anyone over the age of thirteen driving without a valid license can have the license revoked or suspended by the DOL for the same amount of time that a licensed driver would.[182] A juvenile caught driving with a suspended or revoked driver’s license or privilege faces several possible consequences ranging from additional revocation, to imprisonment and fines, depending on the status of the driving privilege.[183]

Temporary Restricted Licenses:  Under certain circumstances, a juvenile whose driver’s license has been revoked or suspended as a result of criminal adjudications may obtain a “temporary restricted license” by demonstrating that driving a vehicle is necessary to go to school, work, or medical appointments; or for other reasons enumerated by statute.[184]

 

Special Offender Registries         

When would a juvenile have to register as a sex offender?                                     

            In Washington, juveniles convicted of sex offenses or kidnapping offenses as juveniles are subject to the same sex offender and kidnapping registration and notification requirements as adults.[185] The juvenile is required to register as a sex offender for sex offenses committed in Washington or another state.[186] As such, any registration, required disclosure, and publication is the same for juveniles as adults offenders.

Who has access to the sex offender registry and what information is disclosed?

            The public has access to Washington’s sex offender registry on-line where anyone can search for a registered offender by name or location.[187] The amount of information provided on each offender varies by county and offender; however, the following information can be found on most registered juvenile sex offenders who are classified as risk level II or III, and risk level I offenders that are “out of compliance”:[188]

  • Photograph
  • Risk Level
  • Physical Description
  • Offense Information (date of conviction, offense type)
  • Address within a block, e.g., “900 Block of  South 11th St.”

            For some offenders, details of the offense are also provided, e.g., age of victim, whether the victim was known to the offender, etc.[189] The website also indicates whether the offender is “non-compliant” and allows the public to “register to track this offender” and receive email notifications.[190]

            For level III offenders, Washington law also requires sheriffs to provide community notification through at least one newspaper.[191]   

Is there any relief for those who are on the sex offender registry?

Petitioning the Court: A juvenile adjudicated for a sex or kidnapping offenses may be relieved of the duty to register by petitioning the court and showing that he or she (1) has not been adjudicated of any additional sex or kidnapping offenses during the twenty-four months following the adjudication of the offense giving rise to the duty to register, (2) has not been adjudicated or convicted of failing to register during the twenty-four months prior to filing the petition and (3) is “sufficiently rehabilitated to warrant removal from the central registry.” For petitioners who were under the age of fifteen at the time their offense, sufficient rehabilitation must be proven by a preponderance of the evidence.[192] For petitioners fifteen years and older at the time of the offense, clear and convincing evidence is required.[193]

Expiration of the Duty to Register by Passage of Time

Class A sex or kidnapping felonies: The juvenile must register forever unless relieved of the duty to register by petitioning the court as set forth above.[194]

Class B sex or kidnapping felonies:  The duty to register will end if the juvenile has no prior sex or kidnapping offenses and has spent fifteen consecutive years in the community without being convicted of any disqualifying offenses.[195]

Class C or an attempt to commit a Class C sex of kidnapping felonyThe duty to register will end if the juvenile has no prior sex or kidnapping offenses and has spent ten consecutive years in the community without being convicted of any disqualifying offenses.[196]

 

Conclusion

            Juveniles adjudicated in Washington courts suffer many collateral consequences due primarily to two aspects of the state’s laws. First, the Washington criminal code makes little distinction between juveniles and adults when imposing and allowing collateral consequences.[197] Second, Washington State law makes court records, detailing both arrests and convictions, publicly available, regardless of the offender’s age.[198]

            The approved juvenile plea forms currently list many of the collateral consequences flowing from a juvenile adjudication, but the list is far from comprehensive.[199]

            A recent amendment to the criminal code established that a juvenile adjudication is categorically not to be deemed a criminal conviction.[200] It remains to be seen how significantly this change will affect the many collateral consequences flowing from statutes and provisions that reference “convictions” but not “adjudications.”[201] Currently, however, Washington State law results in many long-term collateral consequences for juveniles adjudicated in Washington courts.

 

 


[1] E.g., sex offender registration(Wash. Rev. Code § 9A.44.130 (2010); Wash. Rev. Code § 13.40.217 (2010)); revocation of firearm rights (Wash. Rev. Code § 9.41.040 (2010)), fleeing felon disqualification for public assistance (Wash. Admin. Code § 388-442-0010 (2010)); use of juvenile criminal history for adult sentencing purposes (Wash. Rev. Code § 9.94A.525 (2010); Wash. Rev. Code § 9.95A.030 (2010)).

[2] Wash. Rev. Code § 13.50.050 (2010).

[3] Washington Juv. Ct. R. 7.7 (2010).

[4] State v. A.N.J., 168 Wash. 2d 91, 113, 225 P.3d 956 (2010) (“While a defendant cannot be positively misinformed about the collateral consequences, those collateral consequences can be undisclosed without rendering the plea involuntary.”).

[5] Id. at 117 (The defendant “was misinformed as to the consequences of his plea. He is entitled to withdraw it.”).

[6] Wash. Defender Ass’n, See Beyond Juvenile Court:  Long-Term Impact of a Juvenile Record,  http://www.defensenet.org/resources/publications-1/beyond-juvenile-court/Beyond%20Juvenile%20Court.pdf., (last visited  July 26, 2010).

[7]2010 Wash. Sess. Laws 1046 provides that juvenile non-sex offense Class A felonies are now eligible for sealing and reduces the waiting period for sealing Class B felonies from 5 years to 2 years.  The law also removes obsolete language from Wash. Rev. Code § 13.04.240 (2010) regarding “delinquency” and provides that an adjudication is not deemed a conviction of a crime and is not considered the same as a conviction except for adult sentencing purposes.

[8] Id.

[9] See e.g., Wash. Rev. Code § 46.20.285 (2010) (mandatory revocation of driving privileges based on enumerated “convictions”); Wash. Admin. Code § 388-06-0170 (2010) (“Convictions” that permanently bar persons from being licensed as foster care or day care providers.)

[10] Wash. Rev. Code § 13.04.030 (2010).

[11] Wash. Rev. Code § 9A.04.050 (2010).

[12] Wash. Rev. Code § 13.40.300 (2010).

[13] Wash. Rev. Code § 13.40.190 (2010).

[14] Wash. Rev. Code § 13.04.030 (2010).

[15] Wash. Rev. Code § 13.40.110 (2010).

[16] Id.

[17] Wash. Rev. Code § 13.04.240 (2010) (“An order of court adjudging a child a juvenile offender or dependent under the provisions of this chapter shall in no case be deemed a conviction of crime.”).

[18] Wash. Rev. Code § 13.04.011 provided that a juvenile “adjudication” has the same meaning as “conviction;” however, the statute was amended in 2010 to narrow this to mean for adult sentencing purposes only.  2010 Wash. Sess. Laws 1046, supra.  It is unclear at this time how this change will affect many of the consequences that have affected juveniles.

[19] Wash. Rev. Code § 13.04.116 (2010) (“A juvenile shall not be confined in a jail or holding facility for adults”); Wash. Rev. Code § 13.04.021 (2010) (cases are adjudicated by a judge or a commissioner); Wash. Rev. Code § 13.40.0357 (2010) (determinate sentencing scheme).

[20] Wash. Rev. Code § 13.40.0357 (2010).

[21] Wash. Rev. Code § 13.40.160 (2010).

[22] Wash. Rev. Code § 13.40.210 (2010).

[23] Washington Juv. Ct. R. 7.7 (2010).

[24] State v. A.N.J., 168 Wash. 2d 91, 115, 116, 225 P.3d 956 (2010) (If the defendant “was misinformed that his conviction could be removed from his record, then he should be allowed to withdraw his plea.”).

[25] Wash. Rev. Code § 43.43.754 (2010).

[26] Wash. Rev. Code § 43.43.7532 (2010).

[27] See Wash. Rev. Code § 13.50.050(23) (2010) (“No identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section.”).

[28] Wash. Rev. Code § 10.97.050 (2010); WATCH website, https://watch.wsp.wa.gov/, (last visited July 24, 2010).

[29] Wash. Rev. Code § 13.50.050(7) (2010) (“Upon the decision to arrest or the arrest, law enforcement and prosecuting attorneys may cooperate with schools in releasing information to a school pertaining to the investigation, diversion, and prosecution of a juvenile attending the school.”).

[30] Wash. Rev. Code § 10.97.050(2) (2010) (“Any criminal history record information which pertains to an incident that occurred within the last twelve months for which a person is currently being processed by the criminal justice system, including the entire period of correctional supervision extending through final discharge from parole, when applicable, may be disseminated without restriction”); see also State v. J.A.B., 98 Wash. App. 662, 991 P.2d 98, 100 (Wash. Ct. App. 2000) (“The official juvenile court file is the ‘legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders.’ Wash. Rev. Code§ 13.50.010(1)(b) (2010); Wash. Rev. Code § 13.50.050(2) (2010) (“The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection”).

[31] See f.n. 26, supra.

[32] Washington Juv. Ct. R. 7.1 (2010).

[33] Washington Juv. Ct. R. 7.2 (2010).

[34] Washington Juv. Ct. R. 7.3 (2010).

[35] Washington law requires that every juvenile be offered an opportunity to participate in an out of court diversion process for his or her first misdemeanor offense referral. Wash. Rev. Code § 13.40.070(6) (2010).  However, if an attempt has been made to offer a diversion and the youth has not been located, has not responded or has rejected the opportunity, an information will be filed.  These cases will frequently be diverted and dismissed; however, an official public court record has been generated and will remain until the youth takes steps to seal the record under Wash. Rev. Code § 13.50.050 (2010).

[36] Wash. Rev. Code § 10.97.045 (2010).

[37] Washington Courts, http://www.courts.wa.gov/jislink/index.cfm (last visited November 4, 2010). 

[38] Wash. Rev. Code § 2.68.010 (2010).

[39] See Wash. Rev. Code §§ 2.68.010-2.68.030 (2010).

[40] Wash. Rev. Code §§ 10.97.050 and 10.97.100 (2010); WATCH website, https://watch.wsp.wa.gov/, (last visited July 24, 2010).

[41] Wash. Defender Ass’n, See Beyond Juvenile Court:  Long-Term Impact of a Juvenile Record,  http://www.defensenet.org/resources/publications-1/beyond-juvenile-court/Beyond%20Juvenile%20Court.pdf/at_download/file, (last visited September 14, 2010).

[42] Id; Wash. Rev. Code § 9.94A.030(11) (2010).

[43]Wash. Rev. Code § 13.50.050 (2010); see also Street Youth Legal Advocates of Wash., Sealing Juvenile Court Records in Washington State, (June 2010), http://sylaw.org/Sealing%20Juvenile%20Court%20Records%20Revised%20June%202010%20FINAL.pdf (last visited Sept. 29, 2010) (The information available to the public “includes information on arrests, detentions, indictments, and other formal criminal charges, as well as any disposition arising from them, such as sentences, correctional supervision, and release.”).

[44] Id.

[45]Washington State Courts,, http://dw.courts.wa.gov/, (last visited, July 24, 2010).

[46] Wash. Rev. Code § 13.50.010(1)(b) (2010).

[47] Wash. Rev. Code § 13.50.050(3) (2010).

[48] Washington State Courts , http://dw.courts.wa.gov/, (last visited July 23, 2010).

[49] The docketing information provides a chronology of the hearing dates with some description of the court’s action. 

[50] Washington Courts, http://www.courts.wa.gov/jis/?fa=jis.display&theFile=caseManagementSystems, (last visited July 26, 2010).

[51] See f.n. 34, supra.

[52] Wash. Rev. Code § 13.50.050(11) (2010). In addition, a Washington State Court Rule, Wash. Gen. R. 15 (2010), provides a mechanism for sealing court records; however, it is rarely used to seal juvenile adjudications because it requires the petitioner to show a “compelling reason” to seal and the juvenile’s identifying information may still be publicly accessible.

[53] Wash. Rev. Code § 13.50.050(3) (2010).

[54] Id. Where a juvenile’s criminal history consists entirely of one diversion agreement entered into after June 12, 2008 and the subject of the record meets certain criteria, the diversion record must be destroyed automatically without any action on the part of the individual. A procedure exists for an individual to also move the court for an order to destroy certain diversion records where statutory criteria are met. 

[55] Wash. Rev. Code § 13.50.050(11) (2010).

[56] Wash. Rev. Code § 13.50.050(12) (2010).

[57] Wash. Rev. Code § 13.50.050(13) (2010).

[58] Wash. Rev. Code § 13.50.050(14) (2010).

[59] Id.

[60] Wash. Rev. Code § 13.50.050(16) (2010).

[61] Id.

[62] Wash. Rev. Code § 13.50.050(14) (2010).

[63] Use & accuracy of data obtained from court records & disseminated in background checks, Testimony Before the Washington State House Judiciary Committee, June 8, 2010, found at the TVW website http://www.tvw.org/media/mediaplayer.cfm?evid=2010060031B&TYPE=V&CFID=13028&CFTOKEN=10017140&bhcp=1, (last visited July 27, 2010).

[64] Wash. Rev. Code § 13.50.050(16) (2010).

[65] Wash. Rev. Code § 13.50.050(14) (2010).

[66] Wash. Rev. Code § 13.50.010(6) (2010).

[67] Wash. Rev. Code § 43.43.730 (2010); Wash. Rev. Code § 10.97.080 (2010); Wash. Admin. Code § 446-20-120 (2010).

[68] Wash. Rev. Code § 9.96A.020 (2010). Since an adjudication has now been deemed not to be the same as a conviction, this section may not protect individuals with juvenile criminal history.

[69] Wash. Rev. Code § 43.43.815(1b) (2010) (Washington State Patrol shall furnish a conviction record to any employer who files a request for “Conducting preemployment and postemployment evaluations of employees and prospective employees who, in the course of employment, may have access to information affecting national security, trade secrets, confidential or proprietary business information, money, or items of value”); Wash. Rev. Code § 9.94A.030(11) (2010) (““Conviction record” means “conviction record” information as defined in Wash. Rev. Code§§ 10.97.030, 10.97.050 (2010)  relating to a crime committed by either an adult or a juvenile.”).

[70] See Wash. Admin. Code § 162-12-140(3) (2010).

[71] Wash. Admin. Code § 162-12-140(3) (2010).

[72] Id.

[73] Wash. Rev. Code § 13.50.050(14) (2010).

[74] See f.n. 60, supra.

[75] Wash. Rev. Code § 43.43.832 (2010).

[76] Wash. Admin. Code § 388-06-0110 (2010).

[77] Wash. Rev. Code § 28A.400.303 (2010).

[78] Criminal background checks by state agencies are done through the Washington State Patrol. Wash. Rev. Code § 43.43.830(4) (2010) defines “conviction” to include juvenile crimes.

[79] Wash. Rev. Code § 43.43.830(5) (2010).

[80] Wash. Rev. Code § 43.43.842 (2010); Wash. Admin. Code § 388-97-1820 (2010) (nursing homes); Wash. Admin. Code § 388-76-10180 (2010) (adult family homes); Wash. Admin. Code § 388-06-0170 (2010) (access to children).

[81] Wash. Rev. Code § 43.43.830(7) (2010).

[82] Wash. Admin. Code § 388-97-1820 (2010) (nursing homes); Wash. Admin. Code § 388-76-10180 (2010) (adult family homes).

[83] Wash. Admin. Code § 388-06-0170 (2010).

[84] Wash. Admin. Code § 388-06-0180 (2010) (as amended August 18, 2010).

[85] Compare Wash. Rev. Code § 13.04.240 (2010), Wash. Rev. Code § 13.04.011(1) (2010, and Wash. Rev. Code § 43.43.830(4) (2010), Wash. Admin. Code § 388-06-0170 and 0180 (2010). 

[86] Wash. Admin. Code § 181-86-013 (2010).

[87] Compare Wash. Rev. Code § 13.04.240 (2010); Wash. Rev. Code § 13.04.011(1) (2010); and Wash. Rev. Code § 43.43.830(4) (2010); Wash. Rev. Code § 28A.400.303 (2010); and Wash. Admin. Code § 181-86-013 (2010).

[88] Wash. Rev. Code § 18.130.064(1)(a) (2010).

[89] Wash. Rev. Code § 18.130.040 (2010); Wash. Rev. Code § 18.130.064 (2010).

[90] Although the legislative change made to the definition of juvenile “adjudication” in 2010 may ease some restrictions on professional licensing, mandatory state background checks continue to be administered through the Washington State Patrol where juvenile and adult criminal history information is released without distinction.  See f.n. 75, supra.

[91] See Wash. Admin. Code § 139-05-220 (2010).

[92] Wash. Admin. Code § 204-91A-060 (2010).

[93] For example, the law pertaining to tow truck operators references Wash. Rev. Code § 9.94A.030 to define “conviction” and thereby includes juvenile adjudications.  Other laws, like those governing employees of the Juvenile Rehabilitation Administration, use the term “conviction” without referencing the broader definition found in Wash. Rev. Code § 9.94A.030 (2010). See Wash. Rev. Code § 72.05.440 (2010).

[94] But see Wash. Rev. Code § 46.20.391 (2010) (occupational driver's licenses).

[95] Wash. Rev. Code § 9.41.045 (2010).

[96] Wash. Rev. Code § 9.41.040(4) (2010).

[97] Wash. Rev. Code § 13.04.240 (2010), amended by ESSSB 6561, effective June 10, 2010.

[98] Wash. Rev. Code § 13.50.050 (2010) (“Upon the decision to arrest or the arrest, law enforcement and prosecuting attorneys may cooperate with schools in releasing information to a school pertaining to the investigation, diversion, and prosecution of a juvenile attending the school.”); Wash. Rev. Code § 13.04.155 (2010).

[99] Wash. Rev. Code § 13.04.155 (2010).

[100] Wash. Rev. Code § 13.50.050(7) (2010).

[101] Wash. Rev. Code § 13.04.155 (2010).

[102] Id.

[103] Wash. Rev. Code § 13.04.155 (2010).

[104] Wash. Rev. Code § 28A.600.020(5) (2010) (“A principal shall consider imposing long-term suspension or expulsion”).

[105] Id., Wash. Rev. Code § 9A.46.120 (2010) (criminal gang intimidation); Wash. Rev. Code § 9.41.280 (2010) (possessing dangerous weapons at school).

[106] Wash. Rev. Code § 28A.600.460(2) (2010).

[107] Wash. Rev. Code § 28A.600.460(3) (2010).

[108] Id.

[109] Washington Interscholastic Activities Association Handbook, http://www.wiaa.com/ConDocs/Con358/Entire2010-11Handbook.pdf (last visited November 4, 2010).

[110] Wash. Rev. Code § 69.41 (2010) (prescription drugs); Wash. Rev. Code § 69.50 (2010) (controlled substances); WIAA Policy 18.22, (http://www.wiaa.com/ConDocs/Con358/Entire2010-11Handbook.pdf (last visited November 4, 2010); Wash. Admin. Code § 392-183A-015 (2010).

[111] Wash. Admin. Code § 392-400-205(3) (2010).

[112] Wash. Admin. Code § 392-400-205(4) (2010).

[113] Wash. Admin. Code § 392-400-205(5) (2010).

[114] Wash. Rev. Code § 28A.600.420 (2010).

[115] Id.

[116] Wash. Admin. Code § 392-400-255 (2010).

[117] Id.

[118] Id.

[119] Wash. Admin. Code §§ 392-400-265, 270 (2010).

[120] Wash. Admin. Code § 392-400-265 (2010).

[121] Wash. Admin. Code § 392-400-270 (2010).

[122] Wash. Admin. Code § 392-400-310 (2010.)

[123] Wash. Admin. Code § 392-400-280 (2010) (expulsions); Wash. Admin. Code § 392-400-300 (2010) (emergency expulsions); Wash. Admin. Code § 392-400-310 (2010) (appeals.).

[124] Wash. Admin. Code § 392-400-260(6) (2010) (long-term suspensions); Wash. Admin. Code § 392-400-275(5) (2010) (expulsions).

[125] Id.

[126] 20 U.S.C. § 1415 (2010).

[127] 20 U.S.C. § 1415(k)(1)(F) (2010); Wash. Admin. Code § 392-172A-05145(5) (2010).

[128] Wash. Admin. Code § 392-172A-05145(6) (2010).

[129] 20 U.S.C. § 1415(k)(1)(G)(iii) (2010); Wash. Admin. Code § 392-172A-05145(7) (2010).

[130] See Wash. Admin. Code § 392-400-235 (2010) (“Discipline may be imposed upon any student for violation of the rules of the school district”).

[131] University of Washington On-line Application, http://admit.washington.edu/Apply/Freshman/Apply, (last visited July 25, 2010).

[132] Washington State University On-line Application, http://futurestudents.wsu.edu/admission/apply.aspx, (last visited July 25, 2010).

[133] Eastern Washington University On-line Application, https://www.applyweb.com/apply/cwu/index.html, (last visited July 25, 2010).

[134] Central Washington University On-line Application, https://www.applyweb.com/apply/cwu/index.html, (last visited July 25, 2010).

[135] Western Washington University On-line Application, http://admissions.wwu.edu/freshman/f_apply.html, last visited July 25, 2010.

[136] For example, the University of Washington Law School Application includes the following question: “Have you ever, either as an adult or a juvenile, been convicted of a crime other than minor traffic violations? This should include matters that have been expunged or been subject to a diversionary program. Are there any criminal charges pending or expected to be brought against you?” University of Washington Law School application available on-line, http://www.law.washington.edu/Admissions/Forms/FormA.pdf, last visited September. 21, 2010.

[137] Wash. Admin. Code § 388-442-0010(2) (2010); Wash. Admin. Code § 388-442-0010(1) (2010) (A “fleeing felon” is a person who is fleeing to avoid prosecution, custody or confinement for a crime or an attempt to commit a crime.).

[138] Wash. Admin. Code §§ 388-06-0110 and 0150 (2010).

[139] See f.n. 87, supra.

[140] Compare Wash. Rev. Code § 13.04.240 (2010) (a juvenile adjudication shall not be deemed a conviction), Wash. Rev. Code § 43.43.830 (2010) (“conviction record” means information regarding a crime committed by an adult “relating to a crime committed by either an adult or a juvenile”) and Wash. Admin. Code § 388-06-0170, 0180 and 0190 (2010) (the term “conviction” is used to describe disqualifying conduct).

[141] Wash. Rev. Code §§ 26.33.150, 26.33.190 (2010).

[142] These programs include, among others, public housing projects, Section 8 voucher programs, and multi-family housing programs (a.k.a. project-based assistance).

[143] 42 U.S.C. § 13663(a) (2010).

[144] 42 U.S.C. § 1437n(f)(1) (2010); 24 C.F.R. § 966.4(l)(5)(i)(A) (2010).

[145] 24 C.F.R. § 966.4(l)(2)(iii) (2010); 24 C.F.R. § 966.4(l)(5)(i)(B) (2010) (“In addition, the lease must provide that a PHA may evict a family when the PHA determines that a household member is illegally using a drug”).

[146] 42 U.S.C. § 13661(b)(2) (2010); 24 C.F.R. § 982.553(a)(1)(i)(A) (2010) (The household may be readmitted if “the evicted household member who engaged in drug-related criminal activity has successfully completed a supervised drug rehabilitation program approved by the PHA”).

[147] Id.

[148]U.S. Dept’ of Dep't of Hous. & Urban Dev. v. Rucker, 535 U.S. 125, 122 S. Ct. 1230, 152 L. Ed. 2d 258 (2002); 42 U.S.C. § 1437d(l)(6) (2010); 24 C.F.R. § 966.4(i) (2010).

[149] 42 U.S.C. § 1437d(l)(6) (2010).

[150] Wash. Rev. Code § 59.18.130(6) (2010).

[151] 42 U.S.C. § 1437f(d)(1)(B)(iii) and (v) (2010); 42 U.S.C. § 13662 (2010).

[152] Wash. Rev. Code § 13.40.265 (2010).

[153] Compare, e.g., Wash. Rev. Code § 13.04.240 (2010); Wash. Rev. Code § 13.04.011(1) (2010); and Wash. Rev. Code § 46.20.285 (2010) (offenses requiring revocation).

[154] Wash. Rev. Code § 66.44.365 (2010).

[155] Wash. Rev. Code § 69.50.420 (2010).

[156] Wash. Rev. Code § 69.41.065 (2010).

[157] Wash. Rev. Code § 69.52.070 (2010).

[158] Wash. Rev. Code § 13.40.265 (2010); Wash. Rev. Code § 9.41.040(5) (2010).

[159] Wash. Rev. Code § 46.20.265(2) (2010).

[160] Id.

[161] Wash. Rev. Code § 46.20.265(2)(c) (2010).

[162] See Wash. Rev. Code § 46.61.5055 (2010) (penalty schedule for driving under the influence of alcohol).

[163] See Wash. Rev. Code § 46.61.502 (2010) (DUI); Wash. Rev. Code § 46.61.504 (2010) (physical control).

[164] Wash. Rev. Code § 13.40.265 (2010).

[165]Wash. Rev. Code § 46.20.265 (2010); see also Washington Department of Licensing website, http://www.dol.wa.gov/forms/500015.pdf (last visited July 26, 2010)for a list of reinstatement requirements, (“Effective 7-27-03 consecutive revocations will not extend beyond the 21st birthday.”).

[166]Wash. Rev. Code § 46.20.285 (2010).

[167] Id.

[168] Id.

[169] Wash. Rev. Code §§ 46.61.500, 530 (2010); Wash. Rev. Code § 46.20.285 (2010).

[170] Wash. Rev. Code § 46.20.285 (2010); Wash. Rev. Code § 46.52.020 (2010).

[171] Wash. Rev. Code § 46.20.342 (2010).

[172] Wash. Rev. Code § 46.61.024 (2010).

[173] Wash. Rev. Code § 46.61.685 (2010).

[174] Wash. Rev. Code § 46.61.527 (2010).

[175] Wash. Rev. Code § 13.40.265 (2010).

[176] Wash. Rev. Code § 13.40.080(14) (2010).

[177] Wash. AGO. 1990, No. 10 (citing Wash. Rev. Code § 13.40.080(11) (2010)).

[178] Wash. Rev. Code § 13.40.265 (2010).

[179] Wash. Rev. Code § 46.20.075 (2010).

[180] Wash. Rev. Code §§ 46.20.075(1)(e),(f) (2010).

[181] Wash. Rev. Code § 46.20.005 (2010).

[182] Wash. Rev. Code § 46.20.317 (2010).

[183] Wash. Rev. Code § 46.20.342 (2010).

[184] Wash. Rev. Code § 46.20.391 (2010).

[185]Wash. Rev. Code § 9A.44.130 (2010); Wash. Rev. Code § 13.40.217 (2010) authorizes the release of information to law enforcement agencies regarding juveniles adjudicated of sex offenses. Wash. Rev. Code § 4.24.550 (2010) governs the release of information through a website.

[186] Id.

[187] Wash. Rev. Code § 4.24.550(5) (2010); Washington Association of Sheriffs and Police Chiefs (WASPC) OffenderWatchâ portal at http://www.communitynotification.com/cap_main.php?office=54528, (last visited July 26, 2010).

[188] Wash. Rev. Code § 4.24.550(5) (2010).

[189] Washington Association of Sheriffs and Police Chiefs (WASPC) OffenderWatchâ  portal, supra.

[190] Id.

[191] Wash. Rev. Code § 4.24.550(4) (2010).

[192] 2010 Wash. Sess. Laws 2081 (to be codified Wash. Rev. Code § 9A.44).

[193] Id,

[194] Wash. Rev. Code § 9A.44.140(1) (2010).

[195] Wash. Rev. Code § 9A.44.140(2) (2010).

[196] Wash. Rev. Code § 9A.44.140(3) (2010).

[197] See f.n. 1, supra.

[198] See f.n. 2, supra.

[199] See f.n. 3, supra.

[200] Wash. Rev. Code § 13.04.240 (2010).

[201] See f.n. 9, supra.

Resources/Links

Washington State Department of Social and Helath Services- Juvenile Rehabilitation
http://www.dshs.wa.gov/jra/
Children's Home Society of Washington
http://www.childrenshomesociety.org/
University of Washington- Research Sources for Juvenile Justice
http://lib.law.washington.edu/ref/juvjust.html
Washington State Office of Public Defense
http://www.opd.wa.gov/
King County Prosecuting Attorney's Office
http://www.kingcounty.gov/prosecutor.aspx