Legal Question in Criminal Law in Washington

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.