S-0191.1  _______________________________________________

                         SENATE BILL 5261

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Kline, Gardner, Costa, Long and Hargrove

Read first time 01/17/2001.  Referred to Committee on Judiciary.

Providing for vacation of records of conviction in courts of limited jurisdiction.

    AN ACT Relating to vacation of an offender's record of conviction; adding a new section to chapter 3.30 RCW; adding a new section to chapter 3.50 RCW; and adding a new section to chapter 35.20 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 3.30 RCW to read as follows:

    (1) Every offender who has completed all terms of a suspended or deferred sentence imposed by a court of limited jurisdiction as defined under chapter 3.02 RCW may apply to the sentencing court for a vacation of the offender's record of conviction.  If the court finds that the offender meets the tests prescribed in subsection (2) of this section, the court may clear the record of conviction by:  (a)(i) Permitting the offender to withdraw the offender's plea of guilty and to enter a plea of not guilty; or (ii) if the offender has been convicted after a plea of not guilty, the court setting aside the verdict of guilty; and (b) the court dismissing the information or indictment against the offender.  Court costs may be waived upon a finding that the offender is indigent.

    (2) An offender may have the record of conviction vacated if:  (a) The offender has not previously had a record of conviction vacated; (b) the offender has not been convicted of a new crime in this state, another state, or federal court since the date of the offense for which the offender is seeking vacation; (c) at least seven years have passed since the date the applicant completed all terms of the court's suspended or deferred sentence, including proof of payment of all court costs, fines, and restitution; and (d) the record of conviction is not for an alcohol-related motor vehicle offense, a domestic violence offense, or a sex offense.

    (3) Once the court vacates a record of conviction under subsection (1) of this section, the fact that the offender has been convicted of the offense shall not be included in the offender's criminal history for purposes of determining a sentence in any subsequent conviction, and the offender shall be released from all penalties and disabilities resulting from the offense.  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.

NEW SECTION. Sec. 2.  A new section is added to chapter 3.50 RCW to read as follows:

    (1) Every offender who has completed all terms of a suspended or deferred sentence imposed by a court of limited jurisdiction as defined under chapter 3.02 RCW may apply to the sentencing court for a vacation of the offender's record of conviction.  If the court finds that the offender meets the tests prescribed in subsection (2) of this section, the court may clear the record of conviction by:  (a)(i) Permitting the offender to withdraw the offender's plea of guilty and to enter a plea of not guilty; or (ii) if the offender has been convicted after a plea of not guilty, the court setting aside the verdict of guilty; and (b) the court dismissing the information or indictment against the offender.  Court costs may be waived upon a finding that the offender is indigent.

    (2) An offender may have the record of conviction vacated if:  (a) The offender has not previously had a record of conviction vacated; (b) the offender has not been convicted of a new crime in this state, another state, or federal court since the date of the offense for which the offender is seeking vacation; (c) at least seven years have passed since the date the applicant completed all terms of the court's suspended or deferred sentence, including proof of payment of all court costs, fines, and restitution; and (d) the record of conviction is not for an alcohol-related motor vehicle offense, a domestic violence offense, or a sex offense.

    (3) Once the court vacates a record of conviction under subsection (1) of this section, the fact that the offender has been convicted of the offense shall not be included in the offender's criminal history for purposes of determining a sentence in any subsequent conviction, and the offender shall be released from all penalties and disabilities resulting from the offense.  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.

NEW SECTION. Sec. 3.  A new section is added to chapter 35.20 RCW to read as follows:

    (1) Every offender who has completed all terms of a suspended or deferred sentence imposed by a court of limited jurisdiction as defined under chapter 3.02 RCW may apply to the sentencing court for a vacation of the offender's record of conviction.  If the court finds that the offender meets the tests prescribed in subsection (2) of this section, the court may clear the record of conviction by:  (a)(i) Permitting the offender to withdraw the offender's plea of guilty and to enter a plea of not guilty; or (ii) if the offender has been convicted after a plea of not guilty, the court setting aside the verdict of guilty; and (b) the court dismissing the information or indictment against the offender.  Court costs may be waived upon a finding that the offender is indigent.

    (2) An offender may have the record of conviction vacated if:  (a) The offender has not previously had a record of conviction vacated; (b) the offender has not been convicted of a new crime in this state, another state, or federal court since the date of the offense for which the offender is seeking vacation; (c) at least seven years have passed since the date the applicant completed all terms of the court's suspended or deferred sentence, including proof of payment of all court costs, fines, and restitution; and (d) the record of conviction is not for an alcohol-related motor vehicle offense, a domestic violence offense, or a sex offense.

    (3) Once the court vacates a record of conviction under subsection (1) of this section, the fact that the offender has been convicted of the offense shall not be included in the offender's criminal history for purposes of determining a sentence in any subsequent conviction, and the offender shall be released from all penalties and disabilities resulting from the offense.  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.

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