Legal Question in Criminal Law in Washington

juvenile record misdemeanor

My daughter is 28, married, has 3 children, and has worked as a medical assistant for about 8 years. She was hired at a local HMO, who are now denying her employment because she had a misdemeanor when she was 17. She has worked for the company twice in the past. They say the record now has to be expunged for her to work here, but the juvenile courts say they only seal records. What can she do? The manager is holding her job .


Asked on 2/13/09, 5:21 pm

1 Answer from Attorneys
Paul Ferris Law Office of Paul T. Ferris

Re: juvenile record misdemeanor

Seal the record. Once sealed, it is treated under the law as if it never occurred. Note that sealing is not permanent - the statute has an automatic nullification clause, i.e. subsequent filing of a felony charge or conviction of any crime nullifies the sealing order.

The law changed so that any motion to seal and destroy filed after 1997 was limited to sealing. You may want to review the paperwork and transcript of proceedings to see if the judge (or prosecutor) made any promises regarding the ability to destroy the record in the future. If so, she may be able to are "specific enforcement" of the promise made. Her case would have been handled about the time the law changed, and it's possible the court made remarks about destroying the record.

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Answered on 2/13/09, 5:45 pm


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