BILL REQ. #:  H-3415.2 

Read first time 01/19/2004.   Referred to Committee on Judiciary.

     AN ACT Relating to clarifying the current law for possession of firearms; amending RCW 9.41.040, 9.92.066, 9.94A.637, 9.94A.640, 9.95.240, 9.96.050, and 9.96.060; adding a new section to chapter 9.41 RCW; and providing an effective date.

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

Sec. 1   RCW 9.41.040 and 2003 c 53 s 26 are each amended to read as follows:
     (1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted in this state or elsewhere of any serious offense as defined in this chapter.
     (b) Unlawful possession of a firearm in the first degree is a class B felony punishable according to chapter 9A.20 RCW.
     (2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:
     (i) After having previously been convicted in this state or elsewhere of any felony not specifically listed as prohibiting firearm possession under subsection (1) of this section, or any of the following crimes when committed by one family or household member against another, committed on or after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040);
     (ii) After having previously been involuntarily committed for mental health treatment under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047;
     (iii) If the person is under eighteen years of age, except as provided in RCW 9.41.042; and/or
     (iv) If the person is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense as defined in RCW 9.41.010.
     (b) Unlawful possession of a firearm in the second degree is a class C felony punishable according to chapter 9A.20 RCW.
     (3) ((Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this chapter, a person has been "convicted", whether in an adult court or adjudicated in a juvenile court, at such time as a plea of guilty has been accepted, or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. Conviction includes a dismissal entered after a period of probation, suspension or deferral of sentence, and also includes equivalent dispositions by courts in jurisdictions other than Washington state. A person shall not be precluded from possession of a firearm if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. Where no record of the court's disposition of the charges can be found, there shall be a rebuttable presumption that the person was not convicted of the charge.
     (4))) Notwithstanding subsection (1) or (2) of this section, a person ((convicted of an offense prohibiting the possession of a firearm under this section other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401 and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from possession of a firearm as a result of the conviction. Notwithstanding any other provisions of this section, if a person is prohibited from possession of a firearm under subsection (1) or (2) of this section and has not previously been convicted of a sex offense prohibiting firearm ownership under subsection (1) or (2) of this section and/or any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, the individual)) may petition a court of record to have his or her right to possess a firearm restored when authorized:
     (a) Under RCW 9.41.047; and/or
     (b)(((i) If the conviction was for a felony offense, after five or more consecutive years in the community without being convicted or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.525; or
     (ii) If the conviction was for a nonfelony offense, after three or more consecutive years in the community without being convicted or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.525 and the individual has completed all conditions of the sentence.
     (5))) Under section 2 of this act.
     (4) In addition to any other penalty provided for by law, if a person under the age of eighteen years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) or (2) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within twenty-four hours and the person's privilege to drive shall be revoked under RCW 46.20.265.
     (((6))) (5) Nothing in chapter 129, Laws of 1995 shall ever be construed or interpreted as preventing an offender from being charged and subsequently convicted for the separate felony crimes of theft of a firearm or possession of a stolen firearm, or both, in addition to being charged and subsequently convicted under this section for unlawful possession of a firearm in the first or second degree. Notwithstanding any other law, if the offender is convicted under this section for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, then the offender shall serve consecutive sentences for each of the felony crimes of conviction listed in this subsection.
     (((7))) (6) Each firearm unlawfully possessed under this section shall be a separate offense.
     (7) Notwithstanding RCW 9.41.047 or any other provision of law, as used in this chapter, a person has been "convicted," whether in an adult court or adjudicated in a juvenile court, at such time as a plea of guilty has been accepted, or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. Conviction includes a dismissal entered after a period of probation, suspension, or deferral of sentence, and also includes equivalent dispositions by courts in jurisdictions other than Washington state. Where no record of the court's disposition of the charges can be found, there shall be a rebuttable presumption that the person was not convicted of the charge.

NEW SECTION.  Sec. 2   A new section is added to chapter 9.41 RCW to read as follows:
     (1) A person shall not be precluded from possession of a firearm if the conviction has been the subject of a pardon, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the subject of a pardon, or other equivalent procedure based on a finding of innocence. These procedures are the only ones by which a person who has been convicted of a class A felony or a sex offense can have his or her right to possess a firearm restored.
     (2) Notwithstanding RCW 9.41.040(1), a person convicted of an offense prohibiting the possession of a firearm other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault in the first, second, or third degree, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401(a) and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from possession of a firearm as a result of the conviction. A person convicted of any of the offenses listed in this subsection, other than a class A or sex offense, or a person convicted of an offense not listed in this subsection who did not obtain a dismissal of charge under RCW 9.95.240 may petition to have his or her right to possess a firearm restored pursuant to subsection (3) or (4) of this section.
     (3) Notwithstanding RCW 9.41.040(1), a person convicted in Washington of any class B felony that is not a sex offense, any class C felony that is not a sex offense, any gross misdemeanor that is not a sex offense, or any misdemeanor that is not a sex offense who is prohibited by such conviction from possessing a firearm under RCW 9.41.040(1) may petition a court of record to have his or her right to possess a firearm restored.
     (a) The petition must be filed as a civil suit in the superior court of the county where the conviction occurred and judgment was entered. If the person has disqualifying convictions from more than one county, a separate petition must be filed in each county. The filing fee for such suit shall be that specified in RCW 36.18.020(2)(a).
     (b) The petition must be served on the prosecuting attorney's office or city attorney's office that prosecuted the crime or crimes for which relief is sought. Failure to serve the proper prosecuting attorney's office or city attorney's office will result in a void order.
     (c) The petition shall include a statement, under oath, setting out the petitioner's criminal history.
     (4) A person convicted in another state, in a court-martial or in a federal court of an offense which is the equivalent to a Washington class B felony that is not a sex offense, any class C felony that is not a sex offense, any gross misdemeanor that is not a sex offense, or any misdemeanor that is not a sex offense, who is prohibited by such conviction from possessing a firearm under RCW 9.41.040(1) may petition to have his or her right to possess a firearm restored.
     (a) The petition must be filed as a civil suit in the Thurston county superior court. The filing fee for such suit shall be that specified in RCW 36.18.020(2)(a).
     (b) The petition must be served on the attorney general for the state of Washington. Failure to properly serve the attorney general will result in the entry of a void order.
     (c) The petition shall include a statement, under oath, setting out the petitioner's criminal history.
     (5) No court shall grant a petition for restoration of the right to possess a firearm if the disqualifying conviction was for a felony offense if any one of the following is present:
     (a) The petitioner does not currently have five or more consecutive years in the community without being convicted of any felony, gross misdemeanor, or misdemeanor crime;
     (b) There are any criminal charges against the applicant pending in any court of this state or another state, or in any federal court;
     (c) The petitioner has any prior felony conviction that would prohibit the possession of a firearm and that count or would count, at the time the petition is filed, as part of the offender score under RCW 9.94A.525;
     (d) The petitioner has not completed all conditions of the sentence imposed when he or she was convicted of the disqualifying conviction; or
     (e) The petitioner has not provided proper notice of the hearing on the petition for restoration of firearm rights to the prosecuting attorney or to the attorney general as required by subsections (1) and (2) of this section.
     (6) No court shall grant a petition for restoration of the right to possess a firearm if the disqualifying conviction was for a nonfelony offense if any one of the following is present:
     (a) The petitioner does not have three or more consecutive years in the community without being convicted of any felony, gross misdemeanor, or misdemeanor crime;
     (b) There are any criminal charges against the applicant pending in any court of this state or another state, or in any federal court;
     (c) The petitioner has any prior felony conviction that would prohibit the possession of a firearm and that count or would count, at the time the petition is filed, as part of the offender score under RCW 9.94A.525;
     (d) The petitioner has not completed all conditions of the sentence imposed when he or she was convicted of the disqualifying conviction; or
     (e) The petitioner has not provided proper notice of the hearing on the petition for restoration of firearm rights to the prosecuting attorney or to the attorney general as required by subsections (1) and (2) of this section.
     (7) In cases where the person has disqualifying convictions in more than one county or from another state or the federal government, a court may only issue an order indicating that the disqualification arising from the conviction or convictions for offenses committed within that county is hereby removed, unless the person presents orders demonstrating that the disqualification arising from convictions for all offenses committed outside the county has been removed. In such a case, the county court may issue an order restoring the person's right to possess a firearm.
     (8) This section and RCW 9.41.047(3) are the exclusive means by which a Washington court can restore a person's right to possess a firearm.
     (9) The clerk of the court in which an order granting a petition restoring a petitioner's right to possess a firearm within the state of Washington is entered shall immediately transmit the order restoring the right to possess a firearm to the Washington state patrol identification section. The Washington state patrol shall immediately update their records to reflect the entry of the order restoring the petitioner's right to possess a firearm.
     (10) Any order restoring the right to possess a firearm shall contain a warning substantially as follows:

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. An order restoring your right to possess a firearm in Washington is not a defense to a federal prosecution or to a prosecution under the laws of another state.

Sec. 3   RCW 9.92.066 and 2003 c 66 s 2 are each amended to read as follows:
     (1) Upon termination of any suspended sentence under RCW 9.92.060 or 9.95.210, such person may apply to the court for restoration of his or her civil rights. Thereupon the court may in its discretion enter an order directing that such defendant shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he or she has been convicted.
     (2)(a) Upon termination of a suspended sentence under RCW 9.92.060 or 9.95.210, the person may apply to the sentencing court for a vacation of the person's record of conviction under RCW 9.94A.640. The court may, in its discretion, clear the record of conviction if it finds the person has met the equivalent of the tests in RCW 9.94A.640(2) as those tests would be applied to a person convicted of a crime committed before July 1, 1984.
     (b) The clerk of the court in which the vacation order is entered shall immediately transmit the order vacating the conviction to the Washington state patrol identification section and to the local police agency, if any, which holds criminal history information for the person who is the subject of the conviction. The Washington state patrol and any such local police agency shall immediately update their records to reflect the vacation of the conviction, and shall transmit the order vacating the conviction to the federal bureau of investigation. A conviction that has been vacated under this section may not be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies.
     (3) An order entered under subsection (1) or (2) of this section does not restore the person's right to possess a firearm. Any order entered under subsection (1) or (2) of this section shall clearly advise the person that the person's right to restore a firearm is not affected by the entry of the order and that the right to possess a firearm may only be restored pursuant to section 2 of this act.

Sec. 4   RCW 9.94A.637 and 2003 c 379 s 19 are each amended to read as follows:
     (1)(a) When an offender has completed all requirements of the sentence, including any and all legal financial obligations, and while under the custody and supervision of the department, the secretary or the secretary's designee shall notify the sentencing court, which shall discharge the offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate to the offender's last known address.
     (b)(i) When an offender has reached the end of his or her supervision with the department and has completed all the requirements of the sentence except his or her legal financial obligations, the secretary's designee shall provide the county clerk with a notice that the offender has completed all nonfinancial requirements of the sentence.
     (ii) When the department has provided the county clerk with notice that an offender has completed all the requirements of the sentence and the offender subsequently satisfies all legal financial obligations under the sentence, the county clerk shall notify the sentencing court, including the notice from the department, which shall discharge the offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate to the offender's last known address.
     (2) The court shall send a copy of every signed certificate of discharge to the auditor for the county in which the court resides and to the department. The department shall create and maintain a data base containing the names of all felons who have been issued certificates of discharge, the date of discharge, and the date of conviction and offense.
     (3) An offender who is not convicted of a violent offense or a sex offense and is sentenced to a term involving community supervision may be considered for a discharge of sentence by the sentencing court prior to the completion of community supervision, provided that the offender has completed at least one-half of the term of community supervision and has met all other sentence requirements.
     (4) Except as provided in subsection (5) of this section, the discharge shall have the effect of restoring all civil rights lost by operation of law upon conviction except for the right to possess a firearm, and the certificate of discharge shall so state. Nothing in this section prohibits the use of an offender's prior record for purposes of determining sentences for later offenses as provided in this chapter. Nothing in this section affects or prevents use of the offender's prior conviction in a later criminal prosecution either as an element of an offense or for impeachment purposes. A certificate of discharge is not based on a finding of rehabilitation. The right to possess a firearm may only be restored pursuant to section 2 of this act.
     (5) Unless otherwise ordered by the sentencing court, a certificate of discharge shall not terminate the offender's obligation to comply with an order issued under chapter 10.99 RCW that excludes or prohibits the offender from having contact with a specified person or coming within a set distance of any specified location that was contained in the judgment and sentence. An offender who violates such an order after a certificate of discharge has been issued shall be subject to prosecution according to the chapter under which the order was originally issued.
     (6) Upon release from custody, the offender may apply to the department for counseling and help in adjusting to the community. This voluntary help may be provided for up to one year following the release from custody.

Sec. 5   RCW 9.94A.640 and 1987 c 486 s 7 are each amended to read as follows:
     (1) Every offender who has been discharged under RCW 9.94A.637 may apply to the sentencing court for a vacation of the offender's record of conviction. If the court finds the offender meets the tests prescribed in subsection (2) of this section, the court may clear the record of conviction by: (a) Permitting the offender to withdraw the offender's plea of guilty and to enter a plea of not guilty; or (b) if the offender has been convicted after a plea of not guilty, by the court setting aside the verdict of guilty; and (c) by the court dismissing the information or indictment against the offender.
     (2) An offender may not have the record of conviction cleared if: (a) There are any criminal charges against the offender pending in any court of this state or another state, or in any federal court; (b) the offense was a violent offense as defined in RCW 9.94A.030; (c) the offense was a crime against persons as defined in RCW 43.43.830; (d) the offender has been convicted of a new crime in this state, another state, or federal court since the date of the offender's discharge under RCW 9.94A.637; (e) the offense is a class B felony and less than ten years have passed since the date the applicant was discharged under RCW 9.94A.637; and (f) the offense was a class C felony and less than five years have passed since the date the applicant was discharged under RCW 9.94A.637.
     (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 except as set forth in subsection (4) of this section. 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.
     (4) The order vacating a record of conviction under subsection (1) of this section does not restore the offender's right to possess a firearm. The order vacating the record of conviction shall clearly advise the offender that the offender's right to restore a firearm is not affected by the entry of the order and that the right to possess a firearm may only be restored pursuant to section 2 of this act.

Sec. 6   RCW 9.95.240 and 2003 c 66 s 1 are each amended to read as follows:
     (1) Every defendant who has fulfilled the conditions of his or her probation for the entire period thereof, or who shall have been discharged from probation prior to the termination of the period thereof, may at any time prior to the expiration of the maximum period of punishment for the offense for which he or she has been convicted be permitted in the discretion of the court to withdraw his or her plea of guilty and enter a plea of not guilty, or if he or she has been convicted after a plea of not guilty, the court may in its discretion set aside the verdict of guilty; and in either case, the court may thereupon dismiss the information or indictment against such defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he or she has been convicted, except as stated in subsection (3) of this section. The probationer shall be informed of this right in his or her probation papers: PROVIDED, That in any subsequent prosecution, for any other offense, such prior conviction may be pleaded and proved, and shall have the same effect as if probation had not been granted, or the information or indictment dismissed.
     (2)(a) After the period of probation has expired, the defendant may apply to the sentencing court for a vacation of the defendant's record of conviction under RCW 9.94A.640. The court may, in its discretion, clear the record of conviction if it finds the defendant has met the equivalent of the tests in RCW 9.94A.640(2) as those tests would be applied to a person convicted of a crime committed before July 1, 1984.
     (b) The clerk of the court in which the vacation order is entered shall immediately transmit the order vacating the conviction to the Washington state patrol identification section and to the local police agency, if any, which holds criminal history information for the person who is the subject of the conviction. The Washington state patrol and any such local police agency shall immediately update their records to reflect the vacation of the conviction, and shall transmit the order vacating the conviction to the federal bureau of investigation. A conviction that has been vacated under this section may not be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies.
     (3) The order dismissing the information or indictment under subsection (1) of this section does not restore the offender's right to possess a firearm. The order dismissing the information or indictment under subsection (1) of this section shall clearly advise the offender that the offender's right to restore a firearm is not affected by the entry of the order and that the right to possess a firearm may only be restored pursuant to section 2 of this act.

Sec. 7   RCW 9.96.050 and 2002 c 16 s 3 are each amended to read as follows:
     When a prisoner on parole has performed all obligations of his or her release, including any and all legal financial obligations, for such time as shall satisfy the indeterminate sentence review board that his or her final release is not incompatible with the best interests of society and the welfare of the paroled individual, the board may make a final order of discharge and issue a certificate of discharge to the prisoner. The certificate of discharge shall be issued to the offender in person or by mail to the prisoner's last known address.
     The board shall send a copy of every signed certificate of discharge to the auditor for the county in which the offender was sentenced and to the department of corrections. The department shall create and maintain a data base containing the names of all felons who have been issued certificates of discharge, the date of discharge, and the date of conviction and offense.
     The board retains the jurisdiction to issue a certificate of discharge after the expiration of the prisoner's or parolee's maximum statutory sentence. If not earlier granted, the board shall make a final order of discharge three years from the date of parole unless the parolee is on suspended or revoked status at the expiration of the three years. Such discharge, regardless of when issued, shall have the effect of restoring all civil rights lost by operation of law upon conviction, and the certification of discharge shall so state. This restoration of civil rights shall not restore the right to receive, possess, own, or transport firearms, and the certification of discharge shall so state.
     The discharge provided for in this section shall be considered as a part of the sentence of the convicted person and shall not in any manner be construed as affecting the powers of the governor to pardon any such person.

Sec. 8   RCW 9.96.060 and 2001 c 140 s 1 are each amended to read as follows:
     (1) Every person convicted of a misdemeanor or gross misdemeanor offense who has completed all of the terms of the sentence for the misdemeanor or gross misdemeanor offense may apply to the sentencing court for a vacation of the applicant's record of conviction for the offense. If the court finds the applicant meets the tests prescribed in subsection (2) of this section, the court may in its discretion vacate the record of conviction by: (a)(i) Permitting the applicant to withdraw the applicant's plea of guilty and to enter a plea of not guilty; or (ii) if the applicant has been convicted after a plea of not guilty, the court setting aside the verdict of guilty; and (b) the court dismissing the information, indictment, complaint, or citation against the applicant and vacating the judgment and sentence.
     (2) An applicant may not have the record of conviction for a misdemeanor or gross misdemeanor offense vacated if any one of the following is present:
     (a) There are any criminal charges against the applicant pending in any court of this state or another state, or in any federal court;
     (b) The offense was a violent offense as defined in RCW 9.94A.030 or an attempt to commit a violent offense;
     (c) The offense was a violation of RCW 46.61.502 (driving while under the influence), 46.61.504 (actual physical control while under the influence), or 9.91.020 (operating a railroad, etc. while intoxicated);
     (d) The offense was any misdemeanor or gross misdemeanor violation, including attempt, of chapter 9.68 RCW (obscenity and pornography), chapter 9.68A RCW (sexual exploitation of children), or chapter 9A.44 RCW (sex offenses);
     (e) The applicant was convicted of a misdemeanor or gross misdemeanor offense as defined in RCW 10.99.020, or the court determines after a review of the court file that the offense was committed by one family member or household member against another, or the court, after considering the damage to person or property that resulted in the conviction, any prior convictions for crimes defined in RCW 10.99.020, or for comparable offenses in another state or in federal court, and the totality of the records under review by the court regarding the conviction being considered for vacation, determines that the offense involved domestic violence, and any one of the following factors exist:
     (i) The applicant has not provided written notification of the vacation petition to the prosecuting attorney's office that prosecuted the offense for which vacation is sought, or has not provided that notification to the court;
     (ii) The applicant has previously had a conviction for domestic violence. For purposes of this subsection, however, if the current application is for more than one conviction that arose out of a single incident, none of those convictions counts as a previous conviction;
     (iii) The applicant has signed an affidavit under penalty of perjury affirming that the applicant has not previously had a conviction for a domestic violence offense, and a criminal history check reveals that the applicant has had such a conviction; or
     (iv) Less than five years have elapsed since the person completed the terms of the original conditions of the sentence, including any financial obligations and successful completion of any treatment ordered as a condition of sentencing;
     (f) For any offense other than those described in (e) of this subsection, less than three years have passed since the person completed the terms of the sentence, including any financial obligations;
     (g) The offender has been convicted of a new crime in this state, another state, or federal court since the date of conviction;
     (h) The applicant has ever had the record of another conviction vacated; or
     (i) The applicant is currently restrained, or has been restrained within five years prior to the vacation application, by a domestic violence protection order, a no-contact order, an antiharassment order, or a civil restraining order which restrains one party from contacting the other party.
     (3) Once the court vacates a record of conviction under subsection (1) of this section, the person shall be released from all penalties and disabilities resulting from the offense except as provided in subsection (4) of this section and the fact that the person has been convicted of the offense shall not be included in the person's criminal history for purposes of determining a sentence in any subsequent conviction. For all purposes, including responding to questions on employment or housing applications, a person whose conviction has been vacated under subsection (1) of this section may state that he or she 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.
     (4) The order vacating a record of conviction under subsection (1) of this section does not restore the person's right to possess a firearm if such right was revoked by RCW 9.41.040. The order vacating the record of conviction shall clearly advise the offender that the offender's right to restore a firearm is not affected by the entry of the order and that the right to possess a firearm may only be restored pursuant to section 2 of this act.
     (5) All costs incurred by the court and probation services shall be paid by the person making the motion to vacate the record unless a determination is made pursuant to chapter 10.101 RCW that the person making the motion is indigent, at the time the motion is brought.
     (((5))) (6) The clerk of the court in which the vacation order is entered shall immediately transmit the order vacating the conviction to the Washington state patrol identification section and to the local police agency, if any, which holds criminal history information for the person who is the subject of the conviction. The Washington state patrol and any such local police agency shall immediately update their records to reflect the vacation of the conviction, and shall transmit the order vacating the conviction to the federal bureau of investigation. A conviction that has been vacated under this section may not be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies.

NEW SECTION.  Sec. 9   This act takes effect July 1, 2004.