HB 1041, known as the “New Hope Act,” expanded the opportunity for Washingtonians to vacate their criminal records. The purpose of the New Hope Act is to allow rehabilitated former offenders to rejoin society and enjoy full access to economic opportunity. The bill went into effect on July 28, 2019, passing both the State Senate and the State House without opposition. The bill significantly modifies the process of obtaining a Certificate of Discharge and gives those with more than one conviction the opportunity to have their record vacated. The New Hope Act demonstrates Washington’s commitment to providing a life without stigma to former offenders who seek to become active members of the community.
In order to meet eligibility requirements, two waiting periods must be met. The first is the number of years spent without a conviction prior to application for the record vacate. The second is the number of years since the sentence (for the conviction being vacated) was completed. The level and nature of the offense will determine the waiting period.
Before the bill was passed, those with convictions for violent crimes were likely ineligible for a record vacate. Now, a few of these convictions have become eligible. Class C felony convictions now have a waiting period that is reduced to 5 years. Class B felony convictions have a 10-year waiting period from when the sentence is complete, and the petitioner must have 10 years of no convictions before filing for a record vacate. Class A felony convictions, however, are not eligible for relief.
The new law also breaks down eligibility requirements for those with misdemeanor charges. The waiting period to vacate a misdemeanor conviction is three years, depending on the nature of the offense. Three years must have passed since discharge from sentence, and three years of no conviction must precede the application. Crimes such as domestic violence have more serious waiting periods.
The modified process of obtaining a Certificate of Discharge restores any civil rights lost as a result of a felony. The new law requires the court to make the Certificate of Discharge effective on the date that the sentence requirements were completed, excluding financial obligations. If the applicant has not yet met the financial requirements, the department must specify what is financially owed to the sentencing court to ensure that the certificate will be effective as soon as the obligations are met. The law adds two additional pathways to achieving a Certificate of Discharge:
- The applicant can file a motion with the sentencing court requesting the Certificate of Discharge.
- The applicant can file a motion and provide verification that all non-financial obligations were satisfied.
Do not wait to seek relief. Contact Easy Expunctions to see if you meet the eligibility requirements needed to vacate your criminal record.
