Legal Question in Criminal Law in Washington

Re: Class C Felony 14 years ago

Consider addressing these issues separately and, if necessary, over time.

HUNT - Restoration of firearm rights is a separate remedy. Vacating/sealing doesn't do it and is irrelevant.

CANADA - In most cases, vacating the conviction is sufficient. Sealing may not be necessary. If the court denies a motion to seal, apply for a Canadian Certificate of Rehabilitation.

EMPLOYMENT - The statute allowing felonies to be vacated expressly provides that the offender may state for all purposes, including application s for employment, that s/he has not been convicted of the offenes. Sounds good . . . however, anyone can still find the information online or view the court file at the clerk's office. And no one wants that awkward moment when a prospective employer asks why you answered no to the "prior felony" question when he has a copy of the judgment and sentence on his desk. Think of "convicted" as a status; the law allows those who earn it to legally change their status. You are correct when you state that an offender who has paid his debt should be able to avail himself of the benefits of all criminal procedure laws. I advise clients who face this issue to answer no, but be familiar with the statute and be prepared to explain their status. I often suggest that the offender simply answer "vacated" instead of "no".

VACATING - Discretionary decision for the court, but few judges would ever deny the request if eligibility requirements are met.

SEALING - Also a discretionary decision for the court. The recent amendment of General Rule 15 provides that the courts are to consider whether a conviction has been vacated. The purpose of the amendment was to give some effect to the aforementioned statute that permitted an offender to state for all purposes that he had not been convicted of the offense. It didn't make much sense to allow such a statement and then permit anyone to go and disprove it, so to speak.

Sealing is beneficial, but may accomplish what most believe it will. In King County, "record rooters" collect criminal history information and amass it for the sale to the masses. They are not prohibited from disseminating sealed criminal convictions. (One might have a civil claim.) Be advised that law enforcement and prosecutors not only have access to your "sealed" criminal history, but can use it as a predicate offense if it is an element of a subsequent crime, i.e. unlawful possession of a firearm. (This is why you must separately petition to restore your firearm rights; sealing is not enough.)

If you have the conviction vacated and a request to seal is denied, nothing stops you from returning to the court at a later date and trying again.

Finally, your question illustrates why it is often better to retain counsel.

Re: Class C Felony 14 years ago - correction

In next to last paragraph of previous answer:

Sealing is beneficial, but may NOT accomplish what most believe it will. In King County, "record rooters" collect criminal history information and amass it for the sale to the masses. They are not prohibited from disseminating sealed criminal convictions. (One might have a civil claim.) Be advised that law enforcement and prosecutors not only have access to your "sealed" criminal history, but can use it as a predicate offense if it is an element of a subsequent crime, i.e. unlawful possession of a firearm. (This is why you must separately petition to restore your firearm rights; sealing is not enough.)