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Sealing Adult Records:

Sealing your records is an extremely important step in clearing your record.  To seal a record means that the government agency that holds the record will no longer allow the public to view the record.  For example, if a court record is sealed by a judge (which is the most common type of sealing), then no one other than a judge or a judge's clerk will be able to view the physical record or the electronic record. 

Many lawyers fail to seal their clients' records when they are cleaning records.  Most attorneys only vacate convictions.  This strategy is problematic mainly because of the internet.  In the "good old days", when the Washington State Patrol was the state's only recorder of criminal histories, vacating a conviction was satisfactory in most circumstances.  In today's internet world, many employers and other interested parties run criminal records checks on internet search engines such as backgroundferret and intelius.  These web sites interface with Washington's court records computer, run by the Administrative Office of the Courts.  This system is commonly known as JIS, which stands for the Judicial Information System.  JIS consists mainly of two systems: DISCIS (District Court Information System) and SCOMIS (Superior Court Management and Information System).  Since the mid 1990's, everything that happens in a criminal court case has been recorded on a JIS computerized docket.  This docketing system includes substantial information for convictions, charges, acquittals, dismissals, mental health treatment, and drug abuse treatment and screening.  So, when someone runs an internet background search for $10-$20, they have access to this docket, which contains a treasure of personal information.  The database service that we use, which is only available to attorneys, allows us to search your records for about a dollar. 

EVEN IF A CONVICTION IS VACATED, THE DOCKET WILL STILL BE AVAILABLE ON THESE INTERNET SEARCH ENGINES.  This is why it is so important to seal your record in addition to vacating it.  Sealing your record will prevent employers and others from running an internet background check on you and finding out everything about your case.

Record sealing in Washington is governed by General Rule 15.

 

 

Steve Rosen
Attorney at Law
800 5th Avenue, 40th Floor
Seattle, WA 98104

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Copyright 2004 - Steve Rosen, Attorney at Law