[atlas:bill]

AN ACT Relating to vacation of records of conviction; amending RCW 9.95.240 and 9.94A.230; and adding a new section to chapter 9.92 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 9.92 RCW to read as follows:

(1) This section applies to offenders convicted of crimes in a superior court or a court of limited jurisdiction and who are not subject to the provisions of RCW 9.95.240 or 9.94A.230. An offender who has completed his or her sentence, including fulfilling the conditions of any probation for the entire period thereof, or who has been discharged from probation prior to the termination of the period thereof, 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; (b) if the offender has been convicted after a plea of not guilty, the court setting aside the verdict of guilty; or (c) 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;

(d) The offender has been convicted of a new crime in this state, another state, or federal court since the date the offender successfully completed his or her sentence, including any probation;

(e) The offense is a class B felony and less than ten years have passed since the date the offender successfully completed his or her sentence, including any probation;

(f) The offense was a class C felony and less than five years have passed since the date the offender successfully completed his or her sentence, including any probation;

(g) The offense was a misdemeanor or gross misdemeanor and operated to interrupt the washout of a class B felony under RCW 9.94A.360 and less than ten years have passed since the date of the conviction for the misdemeanor or gross misdemeanor;

(h) The offense was a misdemeanor or gross misdemeanor for which a statute provides a specific period for counting prior offenses, including but not limited to the period applicable to a "prior offense" under RCW 46.61.5055, and less than the applicable period has passed; or

(i) The offense was a misdemeanor or gross misdemeanor not otherwise covered by this subsection (2) and less than five years have passed since the date the offender successfully completed his or her sentence, including any probation.

(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 case.

(4) No person may seek or be granted a vacation of record of conviction for an offense committed after the date upon which the person received a vacation of record of conviction for any other offense.

Sec. 2. RCW 9.95.240 and 1957 c 227 s 7 are each amended to read as follows:

(1) Every defendant who has fulfilled the conditions of his of her probation for the entire period thereof, or who ((~~shall have~~)) has 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 has been convicted be permitted in the discretion of the court to withdraw his plea of guilty and enter a plea of not guilty, or if he 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 has been convicted. The probationer shall be informed of this right in his 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)) apply to the sentencing court for a vacation of the defendant's record of conviction. If the court finds the defendant meets the tests prescribed in subsection (2) of this section, the court may clear the record of conviction by: (a) Permitting the defendant to withdraw the defendant's plea of guilty and to enter a plea of not guilty; (b) if the defendant has been convicted after a plea of not guilty, the court setting aside the verdict of guilty; or (c) the court dismissing the information or indictment against the defendant.

(2) An offender may not have the record of conviction cleared if: (a) There are any criminal charges against the defendant 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 felony crime against persons as defined in RCW 43.43.830; (d) the defendant has been convicted of a new crime in this state, another state, or federal court since the date the defendant successfully completed probation; (e) the offense is a class B felony and less than ten years have passed since the date the defendant successfully completed probation; (f) the offense was a class C felony and less than five years have passed since the date the defendant successfully completed probation; (g) the offense was a misdemeanor or gross misdemeanor and less than five years have passed since the date the defendant successfully completed probation; or (h) the offense was a misdemeanor or gross misdemeanor and operated to interrupt the washout of a class B felony under RCW 9.94A.360 and less than ten years have passed since the date of the conviction for the misdemeanor or gross misdemeanor.

Sec. 3. RCW 9.94A.230 and 1987 c 486 s 7 are each amended to read as follows:

(1) Every offender who has been discharged under RCW 9.94A.220 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.220; (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.220; 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.220.