Robertson Law Expungement Blog

Update –Governor to Sign New Vacate Law May 9, 2019

Posted by Ryan Robertson on May 08, 2019 | 0 Comments

This morning the Governor's Office announced Governor Inslee will sign SHB 1041 into law May 9, 2019, at a signing ceremony in the governor's office.

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 early 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 would be eligible to be vacated.
  • A person would be eligible to vacate more than one misdemeanor conviction.
  • A person would no longer have to wait five years following expiration of certain no contact orders to vacate a misdemeanor conviction, and would simply need to only prove no such orders are in effect at the time a petition to vacate is made.

By signing this legislation, the new laws will go into effect later this year.

Please feel free to contact our office with any specific questions you may have about how this new law may affect your case.

About the Author

Ryan Robertson

Ryan is a creative and articulate advocate who limits his practice to criminal appeals and post-conviction relief including vacation, expungement, and sealing of records. He has worked exclusively in the criminal defense field since passing the Washington State bar exam in 1998. Ryan has been recognized as a Rising Star lawyer by Law & Politics Magazine.

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Ryan Robertson's practice focuses exclusively on high-quality creative appellate representation in criminal and administrative matters, as well as expungements, vacation of records, and petitions to seal.