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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