State v. A.H.; Pay Your Restitution of You Want Your Juvenile Conviction Sealed
The State of Washington allows individuals who were convicted of a crime while they were a juvenile to seal the records pertaining to that conviction (RCW 13.50.050), as long as they meet certain criteria. Among other requirements (e.g. living in the community for two consecutive years without re-offending, not having any criminal proceedings pending against him), former juvenile offenders who wish to seal their record must have paid in full any and all restitution to the victims.
There is another law in Washington, one that governs the enforceability of money judgments, which states that absent an order from a judge providing otherwise, money judgments are only enforceable for 10 years after the date of entry of the judgment (RCW 13.40.192).
The Division I Court of Appeals recently handed down an opinion which reviewed the requirement to pay restitution in full in light of the unenforceability of a money judgment after more than 10 years. In 1997, Arash Hamedian was convicted of malicious mischief in the second degree after he caused roughly $1,400.00 in damage to a Ford Mustang belonging to a stranger. Mr. Hamedian made one payment of $59.75. Fast forward to 2013; Mr. Hamedian moves the court to seal his juvenile record based on the fact that he has fulfilled all the statutory requirements to do so, except for paying restitution. Mr. Hamedian, conceding that he has only paid 4% of the restitution that he owed, argues that he should not have to pay restitution in full before sealing his juvenile record because, according to statute, that restitution is no longer enforceable. The State agrees that the money judgment is no longer enforceable but still opposes the sealing of Mr. Hamedian’s record because he has not paid full restitution.
The appellate court held that the legislative intent of the juvenile record statute was to require any juvenile offender to pay restitution to the victim in full before receiving the benefit of having their juvenile record sealed, regardless of whether that restitution is still enforceable.
