State Of Washington v. H. Z.-b.
75745-8
| Wash. Ct. App. | Nov 20, 2017Background
- Juvenile H.Z.-B. was charged with second-degree taking a motor vehicle without permission and third-degree theft; the court granted a deferred disposition under RCW 13.40.127.
- H.Z.-B. completed deferral conditions (restitution and 16 hours community service); the court vacated the conviction and dismissed the case with prejudice.
- At age 15, H.Z.-B. petitioned to have her juvenile record sealed; the State objected and appealed the sealing order.
- The State argued RCW 13.40.127(10)(a) requires courts to wait until the juvenile turns 18 before sealing deferred-disposition records.
- The juvenile argued RCW 13.50.260(2) mandates immediate sealing upon dismissal with prejudice; RCW 13.40.127(10)(b) preserves the right to petition for sealing under RCW 13.50.260.
- The trial court sealed the record; the Court of Appeals reviewed statutory interpretation de novo and affirmed the sealing order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a court may seal a juvenile's deferred-disposition record before the juvenile turns 18 when the case was dismissed with prejudice | H.Z.-B.: RCW 13.50.260(2) requires immediate sealing upon dismissal with prejudice; RCW 13.40.127(10)(b) allows petitioning under RCW 13.50.260 | State: RCW 13.40.127(10)(a) requires waiting until the juvenile is 18 (hearing no later than 30 days after 18th birthday); RCW 13.50.260(4)(c) limits sealing of deferred dispositions vacated after June 7, 2012 | The court held the statutes unambiguously permit sealing upon dismissal with prejudice; trial court did not err in sealing before age 18 |
Key Cases Cited
- In re Dependency of M.H.P., 184 Wn.2d 741 (2015) (discusses standard of review for sealing orders and statutory interpretation)
- State v. D.P.G., 169 Wn. App. 396 (2012) (principles of statutory construction and de novo review of legal questions)
- State v. J.A., 105 Wn. App. 879 (2001) (interpretive guidance on juvenile statutes and sealing)
- In re Det. of Williams, 147 Wn.2d 476 (2002) (canon on statutory construction and legislative intent)