Vacation of Convictions Generally.
Under certain conditions, a person's record of conviction may be vacated by a sentencing court. If the court vacates the record of conviction, the offense is no longer included in the person's criminal history and the person may state that he or she has never been convicted of that crime, including when responding to questions pertaining to licensing, employment, and housing applications.
Vacation of Misdemeanor Convictions.
Any person convicted of a qualifying misdemeanor or gross misdemeanor may apply to the sentencing court for vacation of the conviction upon meeting certain criteria. A person's qualifying conviction may not be vacated if, for example, any of the following exist:
Vacating Misdemeanor or Gross Misdemeanor Convictions.
The five-year waiting period for applying to vacate a qualifying domestic violence misdemeanor or gross misdemeanor conviction commences upon an individual's completion of the terms of the sentence, including completion of ordered treatment, but excluding the payment of financial obligations.
The three-year waiting period to apply for vacating a qualifying misdemeanor or gross misdemeanor commences upon the later of: (1) release from supervision or probation, (2) release from total and partial confinement; or (3) the sentencing date. It is not a requirement that more than three years have passed since an applicant completed financial obligations.
However, a person must still complete other sentencing conditions prior to applying to vacate a misdemeanor or gross misdemeanor, including payment of legal financial obligations.
(In support) This bill is a follow up to the New Hope Act. Members of the Legislature worked for two years to clean up the statutes that clear criminal convictions, and the New Hope Act made changes to vacating felony convictions. The New Hope Act required people to pay off legal financial obligations (LFOs) before vacating a felony, but allowed the crime-free waiting period to start while a person is still paying off LFOs. That bill was unanimously voted out of its policy committee and off the House floor, which is unusual for a criminal justice bill.
Changes to the vacation waiting periods were made for felonies but not for misdemeanors, so under current law, the felony waiting period starts running while paying off LFOs but the misdemeanor waiting period does not. Making the eligibility criteria identical remedies this injustice, delivers relief, and restores rights.
Under this current bill, vacation of a misdemeanor or gross misdemeanor cannot occur until LFOs are paid off. This bill just relates to starting the crime-free waiting period for vacating nonfelony convictions, and aligning it with how those time periods start for felonies. The New Hope Act has allowed so many people to achieve professional careers and that should be extended to individuals with misdemeanor convictions. There are systemic barriers that prevent individuals who are involved in the criminal justice system from getting a second chance. More people deserve a second chance, and remedying this discrepancy in vacation procedures can make a large impact.
(Opposed) None.
(Other) The committee should revisit the requirement to pay all LFOs, which is not a requirement included in the felony statute. Individuals who are indigent can seek relief from payment of LFOs when trying to vacate a felony conviction, but that option for relief does not exist for misdemeanors. There is no path under this current bill for LFOs to be waived for indigency in the misdemeanor context.
There is also some confusing language in the provisions of the bill addressing the three-year and five-year waiting periods. These provisions use language different from each other, and they should mirror one another. Additionally, some of the language in these provisions makes reference to "discharge" and "release" from supervision, which is generally in relation to Department of Corrections supervision and is not appropriate in this nonfelony context. Referring to probation would be more appropriate.
(In support) Senator Drew Hansen, prime sponsor; Quinton Baker; Oscar Aguirre, King County Bar Association, Records Project; Prachi Dave, Civil Survival Project; and Lisa Gardner, Spokane National Association for the Advancement of Colored People.