Proposed new "vacate" bill in Washington State House of Representatives may provide new avenues for vacating convictions previously ineligible to be vacated.
New Washington State House bill may expand the eligibility of defendants to vacate certain felonies and misdemeanors if enacted into law.
Proposed legislation could make changes to laws impacting ability to vacate misdemeanor convictions in Washington
Washington Supreme Court decision clarifies the length of a restraining order must not extend past the length of a domestic violence suspended sentence. This effectively shortens the period of time a defendant must wait before they are eligible to vacate their DV offense.
Seattle City Attorney to seek vacation of convictions for marijuana charges.
Washington Supreme Court soon to make an important ruling related to timing of when clients may be eligible to vacate felony convictions.
It has been almost four years since the Washington Supreme Court issued its decision in Hundtofte v. Encarnacion. This decision was meant to give guidance to courts on standards to use to decide whether to seal court records. As I wrote several years back, the Courts decision did the opposite. U...
State Offers New Certificate of Restoration of Opportunity (CROP) to Help Offenders Combat Employment Discrimination
Effective June 9, 2016, Washington residents convicted of certain felony and misdemeanor offenses can apply for a Certificate of Restoration of Opportunity (CROP). This blog post explains how a person can qualify for and obtain this order, and describes its limitations.
Recently we successfully vacated a client's felony conviction in a local jurisdiction. However, before doing so we had to resolve a curious issue. When is a “crime” not a “crime”?
King County prosecutor challenges Juvenile Sealing laws in the State Supreme Court.
Proposed Legislation Will Allow For Mandatory Vacation of All Misdemeanor Marijuana Possession Convictions
New proposed legislation for mandatory vacation of misdemeanor marijuana possession convictions
Supreme Court Issues Encarnacion Decision, But Clarity in Rules for Sealing Court Records Appears Lacking.
New Washington State Supreme decision fails to give clear guidance in sealing court records.
Effective June 12, 2014, a new law will go into effect in Washington State affecting how courts seal juvenile records. (Laws of 2014 ch. 175) The new state policy on juvenile records states; “The legislature declares it is the policy of the state of Washington that the interest in juvenile reh...
On November 1, 2013, a new employment background check law goes into effect in the City of Seattle. What is this new law? How does it change the way employers screen potential job applicants? Most importantly, how does this law affect you if you have a criminal record and are searching for a job?
The National Employment Law Project describes inaccuracies in the FBI records which are provided in response to employment background checks. We describe how to correct these erroneous records. We can help with this process.
The Washington State Supreme Court is considering major changes to the rules that affect the privacy rights of thousands of citizens. These changes could lead to the public disclosure of records involved in every alcohol and drug case, such as DUI's, and all domestic violence cases.
The State Supreme Court heard argument on the case Hundtofte v. Encarnacion last month. A decision is due at any time. This decision is expected to have a significant effect on the ability of individuals to seal or redact court records in Washington State.
In February of 2009, the Washington Court of Appeals issued a new ruling affecting how court files can be sealed. Click here for more information:State v. KRW. This decision (from a case we won at the trial court) established new requirements for sealing.
This past legislative session the legislature contemplated making two substantial changes to the laws relating to the expungement of criminal records. Both attempts, for the time being, have failed.
The State Supreme Court decided to review the Court of Appeals ruling in Encarnacion v. Hundtofte, 169 Wn. App. 498 (2012). The decision in Encarnacion substantially restricts the ability of judges to seal or redact court files to protect privacy rights of individuals who must pass back...
Washington law provides individuals who have certain types of criminal convictions on their record the opportunity to have the convictions dismissed and removed from their official criminal history. This is called “vacation,” and applies to certain felonies, misdemeanors, and gross misdemeanors. ...