HB 2890 — Promoting successful reentry by modifying the process for obtaining certificates of discharge and vacating conviction records.

H-4094.3SUBSTITUTEH-4003.1HOUSE HOUSE BILL 2890State of Washington65th Legislature2018 Regular SessionBy House Public Safety (originally sponsored by Representatives Hansen, Frame, and Ormsby)READOrmsbyRead FIRSTfirst TIMEtime 02/02/18.AN01/22/18. ACT Relating to promoting successful reentry by modifying the process for obtaining certificates of discharge and vacating conviction records;

Referred to Committee on Judiciary.AN ACT Relating to promoting successful reentry by modifying the process for obtaining certificates of discharge and vacating conviction records;

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 waswas:(i) aA violentclass offenseA asfelony definedor inan RCWattempt, 9.94A.030((;(c)solicitation, theor offenseconspiracy wasto a))commit ora crimeclass againstA personsfelony;(ii) A serious violent offense as defined in RCW 43.43.830,9.94A.030;(iii) exceptA forsex assaultoffense as defined in RCW 9.94A.030;(iv) Arson in the second degree under(RCW RCW9A.48.030);(v) 9A.36.021,Assault assault in the third degree underagainst RCWa 9A.36.031(1)law (a)enforcement throughofficer (f), or (i)employee throughof (k)a whenlaw notenforcement committedagency (RCW 9A.36.031(1)(g)) or against a lawpeace enforcement officer orwith peacea officer,projectile orstun robberygun (RCW 9A.36.031(1)(h));(vi) Assault in the secondfourth degree underwith RCWdomestic 9A.56.210;(((d)))violence (c)(RCW The9A.36.041(3));(vii) offenseAssault isof a classchild Bin felony and the offendersecond hasdegree been(RCW convicted9A.36.130);(viii) Assault of a newchild crimein the third degree (RCW 9A.36.140);(ix) Criminal mistreatment in thisthe state,first anotherdegree state,(RCW or9A.42.020);(x) federalCriminal mistreatment in the second degree (RCW 9A.42.030);(xi) Custodial assault (RCW 9A.36.100);(xii) Domestic violence court order violation (RCW 26.50.110 (4) or (5));(xiii) Drive by shooting (RCW 9A.36.045);(xiv) Extortion in the tenfirst yearsdegree prior(RCW to9A.56.120);(xv) Extortion in the applicationsecond fordegree vacation;(d)(RCW The9A.56.130);(xvi) offenseIdentity istheft ain classthe Cfirst felonydegree and(RCW 9.35.020(2));(xvii) Identity theft in the offendersecond hasdegree been(RCW convicted9.35.020(3));(xviii) ofIntimidating a newjuror crime(RCW in9A.72.130);(xix) thisIntimidating state,a anotherpublic state,servant or(RCW federal9A.76.180);(xx) courtIntimidating ((sincea thewitness date(RCW of9A.72.110);(xxi) Kidnapping in the offender'ssecond dischargedegree under(RCW RCW9A.40.030(3)(a));(xxii) 9.94A.637))Manslaughter in the fivesecond yearsdegree prior(RCW to9A.32.070);(xxiii) Promoting a suicide attempt (RCW 9A.36.060);(xxiv) Promoting prostitution in the applicationfirst fordegree vacation;(e)(RCW The9A.88.070);(xxv) offenseStalking is(RCW 9A.46.110);(xxvi) Theft from a classvulnerable Badult felonyin andthe lessfirst thandegree ten(RCW years9A.56.400(1));(xxvii) haveTheft passedfrom sincea thevulnerable ((dateadult in the applicantsecond wasdegree discharged(RCW under9A.56.400(2));(xxviii) RCWThreats 9.94A.637))to laterbomb, of:if against a person (RCW 9.61.160);

or(xxix) Vehicular assault (RCW 46.61.522).(c) ((the offense was a crime against persons as defined in RCW 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;(((e))) (d) 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)) later of:

or (iii) the applicant's sentencing date;(f)date;(((f))) (e) The offense was a class C felony, other than a class C felony described in RCW 46.61.502(6) or 46.61.504(6), and less than five years have passed since the ((date the applicant was discharged under RCW 9.94A.637)) later of:

or(g)or(((g))) (f) The offense was a ((classclass C))C felony described in RCW 46.61.502(((6)))46.61.502(6) or 46.61.504(((6))).(3)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.