SENATE BILL REPORT

SHB 1041

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of March 27, 2019

Title: An act relating to promoting successful reentry by modifying the process for obtaining certificates of discharge and vacating conviction records.

Brief Description: Promoting successful reentry by modifying the process for obtaining certificates of discharge and vacating conviction records.

Sponsors: House Committee on Public Safety (originally sponsored by Representatives Hansen, Irwin, Ryu, Jinkins, Wylie, Santos and Caldier).

Brief History: Passed House: 3/01/19, 95-0.

Committee Activity: Law & Justice: 3/21/19.

Brief Summary of Bill

  • Modifies the process for obtaining a certificate of discharge for felony convictions.

  • Expands eligibility criteria for vacating criminal convictions.

SENATE COMMITTEE ON LAW & JUSTICE

Staff: Tim Ford (786-7423)

Background: Certificates of Discharge for Felony Convictions - Effect. A certificate of discharge (COD) restores all civil rights not already restored for an offender who has completed all requirements of the sentence, including all legal financial obligations (LFOs). Civil rights lost on conviction of a felony may include the right to vote, possess firearms, hold public office, and serve on a jury. The right to vote is provisionally restored upon release from incarceration.

A COD does not vacate a conviction record, and a prior record may still be used in determining sentences for future offenses. A COD does not lift a no-contact or protection order.

Process for obtaining a Certificate of Discharge. If an offender is under the custody of the Department of Corrections (DOC) upon completion of all sentence requirements, including LFOs, DOC shall discharge them and provide a COD. When a person has completed their sentencing conditions, but not their LFOs, DOC is required to submit a notice to the county clerk that the offender has completed all nonfinancial requirements. Upon subsequent completion of the LFOs, the county clerk shall notify the sentencing court, which shall discharge the offender and provide a certificate of discharge.

If the offender was not in the custody of or under the supervision of DOC, they may directly contact the sentencing court with verification that they have completed conditions. Once the person satisfies all LFOs, the sentencing court is required to provide them with a COD.

Vacating Felony Conviction Records. A person convicted of a felony offense, who has completed all of the terms of the sentence and has met other statutory criteria, may apply to the sentencing court for a vacation of the record of conviction. A conviction may not be vacated if:

If the court finds the applicant does not have any restrictions listed above, the court may vacate the record of conviction by permitting the applicant to:

For all purposes, including responding to questions on employment applications, an offender whose conviction has been vacated may state that the offender has never been convicted of that crime. Nothing in this section affects or prevents the use of an offender's prior conviction in a later criminal prosecution. However, once a court vacates a record of a felony conviction, the offense shall not be included in the offender's criminal history for purposes of determining a sentence in any subsequent conviction.

Vacating Misdemeanor or Gross Misdemeanor Conviction Records. A person convicted of a misdemeanor or gross misdemeanor offense, who has completed all of the terms of the sentence and has met other statutory criteria, may apply to the sentencing court for a vacation of the record of conviction. A conviction may not be vacated if:

If the court finds the applicant does not have any restrictions listed above, the court may vacate the record of conviction by permitting the applicant to:

For all purposes, including responding to questions on employment or housing applications, a person whose conviction has been vacated may state they have never been convicted of that crime. Generally, an offender's prior conviction may be used in a later criminal prosecution.

Summary of Bill: Title. The act is given a title known as the New Hope Act.

Certificates of Discharge for Felony Convictions. Notices from the to the county clerk must list specific requirements completed, so it is clear to the sentencing court that the person is entitled to a COD upon completing payment of their LFOs. The county clerk must promptly notify the court when the person completes payment of their LFOs.

A person may apply directly to the sentencing court if the DOC does not provide notice to the court. The applicant must submit documentation to the court verifying completion of all sentencing conditions. The sentencing court must issue a COD upon verification of completion of sentencing conditions. A COD is effective on the date the person completed sentencing conditions.

If a person does not receive a COD from either DOC or the court by submitting documentation to verify completion, they may file a motion with the sentencing court with a declaration, sworn under penalty of perjury, stating they have completed all nonfinancial conditions of their sentence. A COD issued as a result of a declaration is effective on the later of:

Vacating Felony Convictions. For violent offenses or offenses against children or vulnerable adults, the following may be vacated if the conviction did not include a firearm, deadly weapon, or sexual motivation enhancement:

For offenses by class, the following offenses may not be vacated:

A vacation of a conviction does not affect the requirements for restoring a right to possess a firearm.

A recidivist offense is a felony offense where a prior conviction of the same offense or other specified offense is an element of the crime, including, but not limited to:

When a defendant is charged with a recidivist offense, criminal history includes a vacated prior conviction for the sole purpose of establishing the prior conviction as an element of the present recidivist offense.

Vacating Misdemeanor Convictions. The following restrictions are modified:

The requirement for a non-indigent applicant to pay costs incurred by the court or probation services is removed.

A conviction vacated on or after the effective date of the act qualifies as a prior conviction for the purpose of charging a recidivist offense.

Recidivist Offenses. A vacated conviction qualifies as a prior conviction for the purpose of charging a present recidivist offense.

Appropriation: None.

Fiscal Note: Available.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: When someone has a criminal conviction and has paid their debt to society, they should have an opportunity to get their record cleared so they can get a decent job and provide for their family. This bill streamlines the process for getting a certificate of discharge that says you have satisfied the conditions of your sentence, and paid your legal financial obligations. It makes the misdemeanor vacation rules align with the felony rules. Under current law you can vacate an unlimited number of felonies but only one misdemeanor. Individuals should have a chance to go before a judge to explain how they have been crime free in order to vacate an old conviction. This bill would provide a pathway for reentry for offenders.

Persons Testifying: PRO: Representative Drew Hansen, Prime Sponsor; Kevin Hull, Judge, Kitsap County Superior Court; Tamaso Johnson, Washington State Coalition Against Domestic Violence; Danielle Armbruster, Assistant Secretary, Department of Corrections; Tarra Simmons, Civil Survival, Public Defender Association, Washington State Re-Entry Council; Carolina Landa, Civil Survival; Noel Vest, Unlock Higher Ed; Russell Brown, Washington Association of Prosecuting Attorneys; Cynthia Delostrinos, Washington State Supreme Court Minority and Justice Commission; Sarah Hurd, citizen.

Persons Signed In To Testify But Not Testifying: No one.