Legal Question in Criminal Law in Washington

Vacation of conviction and ''wash out'' of conviction after specified time

In the sentencing guidelines State of Washington

Governor Gary Locke states:

Sentencing Guidelines Commission The sentencing guidelines allow automatic ''wash-out'' of prior convictions that meet the requirements of vacation of conviction. This policy allows offenders who do not formally apply to the court to have eligible offenses excluded from their criminal history in subsequent convictions.

Does this mean that if I had a non violent criminal conviction in 1992 and was granted probation, (which was completed, and a certificate of discharge was granted )that said conviction should of removed from my Wa.state patrol criminal record? and my right to possess a firearm shoud be restored without petitioning the court of conviction?

Thank You


Asked on 11/12/05, 8:42 pm

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

Re: Vacation of conviction and ''wash out'' of conviction after specified time

The sentencing statutes provide that an offense that has "washed out" will not be counted as part of an offender score.

A conviction is not vacated, and firearm rights are not restored, except by order of the court.

Once vacated, an offender can state that s/he has not been convicted of the offense. Law enforcement agences, e.g. WSP, are prohibited from disseminating conviction information. However, the court file still exists and is available for public inspection.

Vacating a conviction does not remove a firearm disability. These are separate and distinct remedies. In fact, a person who vacates a felony but does not have the right to possess firearms restored may be prosecuted for unlawful upossession of firearm with the vacated felony as the predicate offense.

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Answered on 11/14/05, 5:06 pm


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