Legal Question in Criminal Law in Washington

Felony drug conviction

Felony drug conviction. A) How many years will this show up on a back round check (creditor/employer, etc)? B) When can I petition the courts to have my rights restored? C) Does it ever ''go away''?


Asked on 1/14/09, 12:19 pm

2 Answers from Attorneys

Paul Ferris Law Office of Paul T. Ferris

Re: Felony drug conviction

IF you fulfilled all of your obligations under the judgment and sentence by the time your DOC supervision expired, the state was obliged to file a certificate of discharge, which restores your core civil rights - to vote, hold elected office and serve as a juror. If you had any outstanding obligations when supervision terminated, e.g. financial obligations, then the burden is upon you to request a certificate of discharge when you have finally satisfied all obligations. Forms can be found at www.courts.wa.gov.

A certificate of discharge does not remove a firearm disability. Restoring your right to possess firearms requires a separate petition. You become eligible on the fifth anniversary of your conviction (or release from incarceration, if later).

Eligibility for vacating the conviction was addressed in the previous answer.

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Answered on 1/16/09, 8:20 pm
Aaron A. Pelley Cultiva Law, PLLC

Re: Felony drug conviction

It depends on what class felony you were convicted. For Class C, five years from the date you obtain your Certificate of Discharge. For a Class B felony, ten years from the date you obtain your certificate of discharge. It doesn't really "go away" but there are steps you can take to prevent it from showing up in background checks. In addition, once you have vacated the charge, you can say that you have not been convicted of that crime.

http://www.pelleylawgroup.com/sealingcriminalrecords.htm

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Answered on 1/15/09, 6:03 pm


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