[WSBAPT] Effect of expungement on qualifications to serve as PR under RCW 11.36.010

[Lincoln Miller]

Thanks, Bruce. Not being a criminal lawyer, I don't truly understand what the legal effect of an expungement is - does it mean that you are treated as if you had never committed for the felony in all instances, or is it otherwise limited. But, I thought the same, if there isn't clear guidance - and I'm not finding any cases on point - to fully disclose to the judge.

Lincoln

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Bruce Moen
Sent: Monday, November 21, 2022 4:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Effect of expungement on qualifications to serve as PR under RCW 11.36.010

In my experience, the answer is "No." The statute says "ever been convicted." The only exceptions would be 1) a reversal of the conviction by an appellate court or 2) a pardon by the Governor or the President.

I have heard of anecdotes from colleagues  where a court will allow the appointment upon such post conviction events.   So I guess it is possible.

If you make the application, I'd lay it all out in the Petition so that the court has all of the facts.

  Bruce Moen



From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Lincoln Miller
Sent: Monday, November 21, 2022 4:07 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Effect of expungement on qualifications to serve as PR under RCW 11.36.010

Does expungement of a felony committed by a petitioner have the effect of allowing that petitioner to be qualified to serve as a personal representative under RCW 11.36.010?

Lincoln Miller

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