[WSBAPT] Felon wants to be PR

[Mike Winslow]

RCW 9.94A.640
Vacation of offender's record of conviction.
(1) Every offender who has been discharged under RCW 9.94A.637
<http://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.637>  may apply to the
sentencing court for a vacation of the offender's record of conviction. If
the court finds the offender meets the tests prescribed in subsection (2) of
this section, the court may clear the record of conviction by: (a)
Permitting the offender to withdraw the offender's plea of guilty and to
enter a plea of not guilty; or (b) if the offender has been convicted after
a plea of not guilty, by the court setting aside the verdict of guilty; and
(c) by the court dismissing the information or indictment against the
offender.
(2) An offender may not have the record of conviction cleared if: (a) There
are any criminal charges against the offender pending in any court of this
state or another state, or in any federal court; (b) the offense was a
violent offense as defined in RCW 9.94A.030
<http://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.030> ; (c) the offense
was a crime against persons as defined in RCW 43.43.830
<http://app.leg.wa.gov/RCW/default.aspx?cite=43.43.830> ; (d) the offender
has been convicted of a new crime in this state, another state, or federal
court since the date of the offender's discharge under RCW 9.94A.637
<http://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.637> ; (e) the offense is
a class B felony and less than ten years have passed since the date the
applicant was discharged under RCW 9.94A.637
<http://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.637> ; (f) the offense
was a class C felony, other than a class C felony described in RCW 46.61.502
<http://app.leg.wa.gov/RCW/default.aspx?cite=46.61.502> (6) or 46.61.504
<http://app.leg.wa.gov/RCW/default.aspx?cite=46.61.504> (6), and less than
five years have passed since the date the applicant was discharged under RCW
9.94A.637 <http://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.637> ; or (g)
the offense was a class C felony described in RCW 46.61.502
<http://app.leg.wa.gov/RCW/default.aspx?cite=46.61.502> (6) or 46.61.504
<http://app.leg.wa.gov/RCW/default.aspx?cite=46.61.504> (6).
(3) Once the court vacates a record of conviction under subsection (1) of
this section, the fact that the offender has been convicted of the offense
shall not be included in the offender's criminal history for purposes of
determining a sentence in any subsequent conviction, and the offender shall
be released from all penalties and disabilities resulting from the offense.
For all purposes, including responding to questions on employment
applications, an offender whose conviction has been vacated may state that
the offender has never been convicted of that crime. Nothing in this section
affects or prevents the use of an offender's prior conviction in a later
criminal prosecution.
[2012 c 183 § 3; 2006 c 73 § 8; 1987 c 486 § 7; 1981 c 137 § 23. Formerly
RCW 9.94A.230 <http://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.230> .]
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it’s confidential. If you are not the
intended recipient, it’s too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.
 
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Robert Hardy
Sent: Tuesday, February 02, 2016 2:13 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Felon wants to be PR
 
I have a client who would like to be a PR for his father’s estate plan but
has a felony conviction over 28 years ago. Is there any case law that allows
him to be a PR with a felony conviction?
If not must he get an expungement form Governor to qualify?
Any thoughts?
RH
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