Legal Question in Criminal Law in Washington

Re: Can you receive reinstatement of rights

There are a number of rights that are lost as a result of a felony conviction in Washington state - right to vote, right to hold an elected position, right to possess firearms.

Upon successful completion of the terms and conditions of a judgment and sentence, a defendant receives a Certificate and Order of Discharge, which restores all civil rights except the right to possess firearms.

If a defendant has only legal financial obligations remaining, e.g. restitution, but the period of probation has expired, supervision may be terminated, but a Certificate and Order of Discharge is not issued. In such cases, the individual's civil rights will not be restored until the legal financial obligations have been paid in full.

The right to possess firearms does not depend on successful completion of probation or the issuance of a Certificate of Discharge. A felon becomes eligible to petition for restoration of the right to possess firearms after spending 5 years in the community since the date of conviction or release from jail, whichever is later, without being convicted of or currently charged with a crime.

Finally, if the offense qualifies, a defendant becomes eligible to have a class C felony conviction vacated 5 years after the issuance of a Certificate of Discharge. Once vacated, he can state for all purposes, including applications for employment, that he has not been convicted of the crime. The conviction information will no longer be included in criminal history reports to the public. However, the conviction information is maintained by law enforcement agencies and the original court file is still available for public inspection. Additionally, the offense can still be used in subsequent prosecutions, e.g. the basis for a charge of felon in possession of a firearm if that right has not been restored.

For more information on vacating convictions and restoring firearm rights, visit www.washrecord.com.