Legal Question in Criminal Law in Washington
Notice of Discharge
Does this notice mean that future employers will not see a 'felony' when doing a background check? It said that I had satisfied/met all the requirements. The only thing Not restored was the right to own guns. Also does this reinstate my voting? Thanks!
2 Answers from Attorneys
Re: Notice of Discharge
Notice of discharge means you've completed your sentence. However, the case is still there. You may not have a gun and, if there was a registration requirement on your case, you'll still have to register. The case is still part of your criminal history. Depending on the charge you can have the case vacated from you criminal history five years (or maybe three) after the date on your certificate of discharge.
Certificate of Discharge
A certificate of discharge restores your core civil rights lost as a result of a felony conviction: to vote, to serve as a juror and to hold elected office. While it is necessary to remove your firearm disability under federal law, you would need an order restoring firearm rights to fully remove your disability under state (and federal) law. You may be eligible to petition for restoration of the right to possess firearms upon the fifth anniversary of your conviction date or release from custody, whichever is later; PROVIDED you have no subsequent convictions.
The certificate and order of discharge commences the waiting period for vacating the conviction in the offense qualifies (5 years for class C, 10 years for class b).
Until the offense is vacated, you are considered to be a convicted felon. Your court case is a public record. Even when a felony conviction is vacated, the court file is still accessible to the public, although law enforcement agencies are prohibited from disseminating conviction information. Currently, case information is available online and at the clerk's office.
If you are eventually able to vacate the conviction, consider sealing the court file as well - this would prevent the public from viewing the court file.