Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety Committee

HB 1017

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.

Brief Description: Allowing for more than one vacation of a misdemeanor and gross misdemeanor conviction.

Sponsors: Representatives Appleton, Orwall and Ormsby.

Brief Summary of Bill

  • Allows a person to apply to vacate up to four misdemeanor or gross misdemeanor convictions.

  • Permits a person to apply to vacate a misdemeanor or gross misdemeanor offense if a person has not been convicted of a new crime in the three years prior to the application and has not been convicted of a felony since the date of conviction.

  • Allows for vacation of more than one misdemeanor or gross misdemeanor conviction at one time.

Hearing Date: 1/16/15

Staff: Cassie Jones (360-786-7303).

Background:

Vacation of Misdemeanors and Gross Misdemeanors.

Every person convicted of a misdemeanor or gross misdemeanor who has completed all terms of the sentence may apply for a vacation of the applicant's record of conviction for the offense. The offender's record cannot be cleared if:

For a person convicted of prostitution who committed the offense as the result of being a victim of Trafficking, Promoting Prostitution in the first degree, or Promoting Commercial Sexual Abuse of a Minor, he or she may apply to the sentencing court for vacation of the record of conviction, except that the record cannot be cleared if:

If the offender meets these tests, the court may clear the record of conviction.

Summary of Bill:

If a person is otherwise eligible to vacate a misdemeanor or gross misdemeanor conviction, he or she may apply to the sentencing court to have a misdemeanor or gross misdemeanor conviction vacated regardless if he or she has had the record of three or fewer other convictions vacated. A person otherwise eligible may vacate a record of a misdemeanor or gross misdemeanor conviction regardless if he or she has been convicted of a new crime since the date of conviction, except that a person may not vacate a conviction if he or she has been sentenced to a felony since the date of conviction or if he or she has been convicted of another misdemeanor in the three years prior to the application. More than one conviction may be vacated at a time.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.