SENATE BILL REPORT

                   SB 5860

              As Reported By Senate Committee On:

               Law & Justice, February 25, 1997

Title:  An act relating to vacation of misdemeanor criminal history records.

Brief Description:  Permitting misdemeanor criminal history records to be vacated.

Sponsors:  Senators Roach and Johnson.

Brief History:

Committee Activity:  Law & Justice:  2/25/97 [DP].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.

  Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Haugen, Long, McCaslin, Stevens and Zarelli.

Staff:  Martin Lovinger (786-7443)

Background:  Current law provides a procedure for a person who has been convicted of a felony to vacate the record of conviction under some circumstances.  A person whose conviction record has been vacated is considered for most purposes to never have been convicted of that felony.  There is no equivalent procedure for a person convicted of a misdemeanor.

Summary of Bill:  A procedure is provided for a person who has been convicted of a misdemeanor to have the record of conviction vacated. 

The record may not be vacated if:  (1) fewer than five years have elapsed since conviction, or in some cases, since completion of the sentence; (2) there are any criminal charges pending against the person in any state or federal court; or (3) the person has been convicted of another crime in any state or federal court since the date of the conviction at issue.

Appropriation:  None.

Fiscal Note:  Not requested.

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

Testimony For:  None.

Testimony Against:  None.

Testified:  No one.