BILL REQ. #:  H-1080.2 

Read first time 02/07/2005.   Referred to Committee on Judiciary.

     AN ACT Relating to sealing felony records that have been vacated; amending RCW 9.94A.640; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature declares that it is the policy of the state of Washington to encourage and contribute to the rehabilitation of felons and to assist them in the assumption of the responsibilities of citizenship. The legislature recognizes that the opportunity to secure employment or to pursue, practice, or engage in a meaningful and profitable trade, occupation, vocation, profession, or business is an essential ingredient to rehabilitation and the assumption of the responsibilities of citizenship. To this end, it is important for the offender to be able to respond to employment inquiries according to RCW 9.94A.640(3) without fear of being contradicted by a court file disclosing the vacated conviction.

Sec. 2   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. 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) When a court vacates a record of conviction under this section, the court may order the court clerk to seal the court file as provided for under court rules, without requiring the offender to demonstrate compelling circumstances. The order to seal the court file may allow the deletion of the offender's name in the case index and the substitution of the offender's name with his or her initials.