Washington State Expungement Laws: Who Qualifies and Process

Washington State expungement laws allow individuals to clear their criminal records under specific circumstances, as outlined in the Washington Revised Code (RCW) 9.94A.030 and RCW 9.96.060. The expungement process in Washington is governed by these statutes, which provide the framework for determining eligibility and the procedure for expunging convictions. To be eligible for expungement in Washington, an individual must meet certain requirements, including waiting a specified period of time since the completion of their sentence, which can range from 3 to 10 years depending on the offense.

How Washington Defines Eligibility for Expungement

The law in Washington defines eligibility for expungement based on the type of offense and the individual’s criminal history. According to RCW 9.94A.030, an individual may be eligible for expungement if they have been convicted of a misdemeanor or a gross misdemeanor, and at least 3 years have passed since the completion of their sentence. The statute also requires that the individual has not been convicted of any new crimes during the waiting period. For felony convictions, the waiting period is 5 years for class C felonies and 10 years for class A and B felonies, as stated in RCW 9.94A.030.

RCW 9.96.060 provides that an individual may be eligible for expungement if they have been convicted of a crime that is no longer a crime under Washington law. This includes convictions for marijuana possession, which was decriminalized in Washington in 2012. To be eligible under this provision, the individual must apply for expungement within a reasonable time after the law change. The court may also consider factors such as the individual’s rehabilitation and their contribution to society when determining eligibility for expungement.

The Washington State Patrol and the Administrative Office of the Courts maintain records of all convictions in Washington, which are used to determine eligibility for expungement. These records include information on the type of offense, the date of conviction, and the sentence imposed. According to RCW 9.94A.030, an individual may obtain a copy of their criminal history record from the Washington State Patrol to determine their eligibility for expungement.

Washington’s Specific Rules and Thresholds for Expungement

Gross Misdemeanors

Gross misdemeanors in Washington, such as driving under the influence (DUI), have a waiting period of 3 years before an individual can apply for expungement. According to RCW 46.61.505, a DUI conviction can result in a fine of up to $5,000 and a sentence of up to 364 days in jail. To be eligible for expungement, the individual must have completed their sentence, including any probation or community service, and paid all fines and restitution.

Felony Convictions

Felony convictions in Washington have a longer waiting period for expungement, ranging from 5 to 10 years depending on the class of the felony. Class C felonies, such as theft or assault, have a waiting period of 5 years, while class A and B felonies, such as murder or rape, have a waiting period of 10 years. According to RCW 9.94A.030, an individual convicted of a class A felony may be ineligible for expungement if they have a prior conviction for a serious offense.

Misdemeanor Convictions

Misdemeanor convictions in Washington, such as disorderly conduct or shoplifting, have a waiting period of 3 years before an individual can apply for expungement. According to RCW 10.31.100, a misdemeanor conviction can result in a fine of up to $1,000 and a sentence of up to 90 days in jail. To be eligible for expungement, the individual must have completed their sentence, including any probation or community service, and paid all fines and restitution.

The Legal Process in Washington for Expungement

To apply for expungement in Washington, an individual must file a petition with the court that originally heard their case. The petition must include information on the conviction, the sentence, and the individual’s eligibility for expungement. According to RCW 9.96.060, the court may require additional documentation, such as a copy of the individual’s criminal history record or proof of completion of their sentence.

The court will review the petition and may schedule a hearing to determine eligibility for expungement. At the hearing, the individual may present evidence and testimony to support their application. The prosecutor may also present evidence and argue against expungement. According to RCW 9.94A.030, the court must consider factors such as the individual’s rehabilitation and their contribution to society when making a decision on expungement.

If the court grants the petition, the individual’s conviction will be expunged, and their record will be sealed. According to RCW 9.96.060, the individual may then truthfully state that they have not been convicted of a crime when applying for employment, housing, or other opportunities. However, the individual must still disclose their conviction if they are applying for a position in law enforcement or other sensitive fields.

The expungement process in Washington can take several months to a year or more to complete, depending on the court’s schedule and the complexity of the case. According to RCW 9.94A.030, the individual must pay a filing fee of $230 to $500 to apply for expungement, depending on the court. The individual may also need to pay additional fees for documentation and court costs.

Penalties and Consequences Under Washington Law

Individuals who are not eligible for expungement in Washington may face significant penalties and consequences. According to RCW 9.94A.030, a felony conviction can result in a sentence of up to 10 years in prison and a fine of up to $20,000. A gross misdemeanor conviction can result in a sentence of up to 364 days in jail and a fine of up to $5,000.

In addition to these penalties, individuals with convictions in Washington may also face collateral consequences, such as loss of employment opportunities, housing, and education benefits. According to RCW 9.96.060, an individual with a conviction may be ineligible for certain professional licenses, such as a nursing or teaching license.

The Washington State Legislature has implemented laws to reduce the penalties and consequences of convictions, such as the Second Chance Act, which allows individuals to seal their juvenile records. According to RCW 13.50.050, an individual may be eligible to seal their juvenile record if they have completed their sentence and have not been convicted of a crime as an adult.

How Washington Compares to Other States

Washington’s expungement laws are similar to those in other states, such as California and Oregon. According to California Penal Code 1203.4, an individual may be eligible for expungement if they have completed their sentence and have not been convicted of a new crime. In Oregon, an individual may be eligible for expungement if they have completed their sentence and have not been convicted of a crime in the past 3 years, as stated in Oregon Revised Statutes 137.225.

However, Washington’s laws are more restrictive than those in some other states, such as Michigan, which allows individuals to expunge multiple convictions. According to Michigan Compiled Laws 780.621, an individual may be eligible to expunge up to 2 convictions, including misdemeanors and felonies.

Other states, such as New York, have more stringent requirements for expungement, including a longer waiting period and more restrictive eligibility criteria. According to New York Penal Law 160.50, an individual may be eligible for expungement if they have completed their sentence and have not been convicted of a new crime in the past 10 years.

Practical Steps for Washington Residents

To apply for expungement in Washington, an individual should first obtain a copy of their criminal history record from the Washington State Patrol. According to RCW 9.94A.030, the individual must then review their record to determine if they are eligible for expungement. If eligible, the individual must file a petition with the court that originally heard their case, including all required documentation and fees.

The individual should also consider hiring an attorney to assist with the expungement process, as the court may require additional documentation or evidence. According to RCW 9.96.060, the individual must pay a filing fee of $230 to $500 to apply for expungement, depending on the court. The individual must also pay any additional fees for documentation and court costs.

The expungement process in Washington can take several months to a year or more to complete, depending on the court’s schedule and the complexity of the case. According to RCW 9.94A.030, the individual must wait at least 3 to 10 years after completing their sentence before applying for expungement, depending on the type of offense.

Recent Changes or Notable Issues in Washington

Recently, the Washington State Legislature has implemented laws to expand expungement eligibility and reduce the penalties and consequences of convictions. According to RCW 9.96.060, the Second Chance Act allows individuals to seal their juvenile records, and the New Hope Act allows individuals to expunge certain misdemeanor convictions. These laws aim to provide individuals with a second chance and reduce recidivism rates in Washington.

However, there are still notable issues with the expungement process in Washington, including the high cost of filing fees and the complexity of the application process. According to RCW 9.94A.030, the individual must pay a filing fee of $230 to $500 to apply for expungement, depending on the court, which can be a barrier for low-income individuals. The Washington State Legislature is currently considering legislation to address these issues and make the expungement process more accessible and affordable.