Why are there no cases appearing on the Juveniles with Vacated Deferred Disposition Cases Report?
The Juveniles with Vacated Deferred Disposition Cases query provides the list of Juvenile Offender (JO) cases that have a vacated deferred disposition, but the case has not been sealed and includes a respondent who is 18 or will turn 18 in the month that the report is run.
A deferred disposition that was vacated, but not sealed prior to June 7, 2012, cannot be sealed without a court order after the hearing on a motion to seal under RCW 13.50.050 is filed with the court by the juvenile. These cases will not appear on the Juveniles with Vacated Deferred Disposition Cases Report because they are not eligible for sealing without a court order.
Effective June 6, 2012, legislative changes to RCW 13.40.127 (SB 6240) requires the court to include an order sealing vacated deferred disposition offender cases (S8) when the order dismissing deferred disposition is entered and restitution has been paid in full. If the juvenile is under 18 at the time the dismissal order is entered and restitution is paid in full, the court shall schedule an administrative sealing hearing to take place no later than 30 days after the juvenile's 18th birth date.
Three new forms were created for use with deferred dispositions and are available on the Court Forms page of the public web site:
- Order Dismissing Deferred Disposition (ORDFD)
- Order on Unpaid Restitution RE: Dismissed Deferred Disposition (ORRST)
- Order Sealing Record of Previously Vacated Deferred Disposition Pursuant to RCW 13.40.127(10) (ORSDD)
Currently, RCW 13.50.050(12)(c) requires the court to 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.
See also:
- eService RN id 2150 - Juveniles with Vacated Deferred Disposition Cases Report.
- eService RN id 2231 - BIT report not showing data.
- eService RN id 2311 - BIT Accounting Reports - Security. (Note: The security recently added to the Accounting Data Mart exists in all Court Level Universes and may impact the results displaying on reports pertaining to juvenile cases.)
RN id: 2313