On May 9, 2019, Governor Jay Inslee signed SHB 1041 into law. This new law will go into effect July 28, 2019.
Here is re-cap of the major changes under this law:
- Certain convictions for Assault Second Degree, Assault Third Degree (except for an assault against a police officer), and Robbery Second Degree would be eligible to be vacated. Convictions for these offenses involving a firearm or sexual motivation would be excluded.
- A court may waive noncompliance with certain sentencing conditions and issue a Certificate of Discharge as soon as five years after entry of a guilty plea for Class C felonies and ten years for Class B felonies.
- Eligibility to vacate a felony could start as soon as five years after entry of a guilty plea for Class C felonies, and ten years for Class B felonies; rather than having to wait these time periods from the date of the Certificate of Discharge.
- Convictions for misdemeanor Failure to Register can now be vacated.
- A person can now vacate more than one misdemeanor conviction.
- A person no longer has to wait five years following expiration of certain no contact orders to vacate a misdemeanor conviction, and now must only prove no such orders are in effect at the time a petition to vacate is filed.
Please check in with our website this spring and summer. I will post an extensive review of this new law before it goes into effect.
Please feel free to contact our office with any specific questions you may have about how this new law may affect your case.