Ordinance 3751-20 - Laserfiche WebLink

1 shall be released from all penalties and disabilities resulting from 2 the offense and the fact that the person has been convicted of the 3 offense shall not be included in the person's criminal history for 4 purposes of determining a sentence in any subsequent conviction. For 5 all purposes, including responding to questions on employment or 6 housing applications, a person whose conviction has been vacated 7 under this section may state that he or she has never been convicted 8 of that crime. However, nothing in this section affects the 9 requirements for restoring a right to possess a firearm under RCW 10 9. 41. 040. Except as provided in (b) of this subsection, nothing in 11 this section affects or prevents the use of an offender' s prior 12 conviction in a later criminal prosecution. 13 (b) When a court vacates a record of domestic violence as defined 14 in RCW 10. 99. 020 under this section, the state may not use the 15 vacated conviction in a later criminal prosecution unless the 16 conviction was for: (i) Violating the provisions of a restraining 17 order, no-contact order, or protection order restraining or enjoining 18 the person or restraining the person from going on to the grounds of 19 or entering a residence, workplace, school, or day care, or 20 prohibiting the person from knowingly coming within, or knowingly 21 remaining within, a specified distance of a location (RCW 10. 99. 040, 22 10 . 99. 050, 26. 09. 300, 26. 10 .220, 26.26B. 050, 26. 44 . 063, 26. 44. 150, 23 26. 50. 060, 26.50. 070, 26. 50. 130, 26. 52 . 070, or 74 . 34 . 145) ; or (ii) 24 stalking (RCW 9A. 46.110) . A vacated conviction under this section is 25 not considered a conviction of such an offense for the purposes of 27 26 C.F.R. 478 . 11 . 27 (c) A conviction vacated on or after July 28, 2019, qualifies as 28 a prior conviction for the purpose of charging a present recidivist 29 offense as defined in RCW 9. 94A. 030 occurring on or after July 28, 30 2019. 31 (7) The clerk of the court in which the vacation order is entered 32 shall immediately transmit the order vacating the conviction to the 33 Washington state patrol identification section and to the local 34 police agency, if any, which holds criminal history information for 35 the person who is the subject of the conviction. The Washington state 36 patrol and any such local police agency shall immediately update 37 their records to reflect the vacation of the conviction, and shall 38 transmit the order vacating the conviction to the federal bureau of 39 investigation. A conviction that has been vacated under this section 40 may not be disseminated or disclosed by the state patrol or local law p. 33 SHB 2473.SL