Legal Question in Criminal Law in Washington

I`m trying to find a job but, I have a past felony. When I feel out an application it asks if I`ve been convicted or released fron prison in the past 10 years( if not answer no)which I haven`t. But, later in the application it asks if I have ever been convicted of a felony. Do I still answer no because of the orignal question and do I do this without laying on my application?


Asked on 9/02/09, 1:54 pm

1 Answer from Attorneys
Paul Ferris Law Office of Paul T. Ferris

Until you have vacated the conviction, you must answer "Yes".

The applicable statute for vacating convictions is RCW 9.94A.640. Essentially, if your felony is not a sex offense, class A or "crime against persons", and you have not been convicted of ANY criminal offense since being discharged from felony supervision, you should be eligible to vacate the offense.

Be advised that vacating a conviction does not mean that the record is sealed or destroyed. The information is still available to the public; however, law enforcement agencies in WA (e.g. WSP) are prohibited from disseminating information about the offense.

Note also that vacating the conviction does not remove a firearm disability. Restoring the right to possess firearms is a separate remedy, which you are also likely eligible for.

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Answered on 9/08/09, 5:58 pm


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