Washington 2019-2020 Regular Session Status: To Executive 1 D cosponsors

HB 2793 — Vacating criminal records.

Last action — Governor vetoed.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The updated version of HB 2793 establishes a clear process for reviewing criminal convictions from January 1, 2000, and onward, to determine eligibility for vacating criminal records. It specifies that the administrative office of the courts will regularly review records and notify sentencing courts about defendants who may qualify for vacation hearings, streamlining the process for those individuals. This change matters because it can potentially make it easier for people with certain convictions to have their records cleared, allowing them to reintegrate into society more effectively. By simplifying the procedures and removing the need for defendants to appear in court or file petitions, it reduces barriers and fosters rehabilitation.

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H-4616.3SUBSTITUTE HOUSE BILL 2793State of Washington66th Legislature2020 Regular SessionByHouse Public Safety (originally sponsored by Representatives Hansen and Irwin)READ FIRST TIME 02/07/20.AN ACT Relating to vacating criminal records;
H-4073.1HOUSE BILL 2793State of Washington66th Legislature2020 Regular SessionByRepresentatives Hansen and IrwinRead first time 01/22/20.Referred to Committee on Public Safety.AN ACT Relating to vacating criminal records;
(1) The administrative office of the courts shall develop a process by which criminal convictions are reviewed to determine whether those convictions should be scheduled for administrative vacation hearings under section 2 of this act.
(1) The administrative office of the courts shall develop a process by which criminal convictions occurring on or after January 1, 2000, are reviewed to determine whether those convictions should be scheduled for administrative vacation hearings under section 2 of this act.
The process must:(a) Review convictions beginning at the earliest period for which electronic court records are reliable, provided that the review applies to all convictions beginning no later than January 1, 2000;(b) Rely upon records available to the administrative office of the courts through judicial information systems and state agencies;(c) Determine whether a defendant is currently incarcerated for a criminal offense, and whether available records indicate that he or she is precluded from qualifying to vacate his or her misdemeanor conviction under RCW 9.96.060 (2)(b) or (5)(a) or his or her felony conviction RCW 9.94A.640(2), provided that:(i) If applicable, whether a person is currently incarcerated for a criminal offense is determined by reviewing the term of confinement reflected in the judgment and sentence document for his or her most recent criminal conviction;(ii) If applicable, whether a person completed his or her sentencing conditions, excluding legal financial obligations, and satisfied the waiting period under RCW 9.96.060(2)(b) (vi)(D) or (vii) or 9.94A.640(2) (e) or (f) is determined by adding the waiting period to the terms of confinement and community custody reflected in the applicable judgment and sentence document;
The process must:(a) Rely upon records available to the administrative office of the courts through judicial information systems and other sources;(b) Determine whether a defendant is currently incarcerated for a criminal offense, and whether available records indicate that he or she is precluded from qualifying to vacate his or her misdemeanor conviction under RCW 9.96.060 (2)(b) or (5)(a) or his or her felony conviction RCW 9.94A.640(2);(c) Notify sentencing courts to schedule an administrative vacation hearing for any defendant where a review of records does not indicate that the defendant is currently incarcerated for a criminal offense or is precluded from qualifying to vacate his or her conviction;
and(iii) If applicable, the period for which a person must not have been convicted of any new criminal offense under RCW 9.96.060(2)(b)(viii) or 9.94A.640(2) (c) or (d) is determined based on the date of the query conducted by the administrative office of the courts, rather than the date of application;(d) Notify sentencing courts to schedule an administrative vacation hearing for any defendant where a review of records does not indicate that the defendant is precluded from qualifying to vacate his or her conviction;
and(d) Review records and provide notifications on a monthly or quarterly basis, as determined by the administrative office of the courts.(2) The administrative office of the courts, in consultation with courts of general jurisdiction and limited jurisdiction, may establish an implementation plan for complying with the requirements of this section.
and(e) Review records and provide notifications on a monthly or quarterly basis, as determined by the administrative office of the courts.(2) The administrative office of the courts shall develop a process by which a person seeking to vacate his or her conviction may submit an inquiry with supporting information and documentation to assist or otherwise expedite the review under subsection (1) of this section.(3) The administrative office of the courts, in consultation with courts of general jurisdiction and limited jurisdiction, may establish an implementation plan for complying with the requirements of this section.
The implementation plan may also include a phased process by which to notify courts of any defendants meeting requirements under RCW 9.96.060 (2)(b) or (5)(a) or 9.94A.640(2) for convictions occurring prior to the effective date of this section so as to not hinder sentencing courts with excessive notices and directives to schedule hearings.NEW SECTION.  Sec.
The implementation plan may also include a phased process by which to notify courts of any defendants meeting requirements under RCW 9.96.060 (2)(b) or (5)(a) or 9.94A.640(2) for convictions on or after January 1, 2000, and prior to the effective date of this section so as to not hinder sentencing courts with excessive notices and directives to schedule hearings.NEW SECTION.  Sec.
(1) Sentencing courts shall conduct regularly scheduled vacation hearings to carry out the requirements of this section.(2) When a sentencing court receives notice from the administrative office of the courts under section 1 of this act regarding a defendant potentially qualifying to vacate his or her conviction, the court shall set an administrative vacation hearing.
(1) Sentencing courts shall conduct regularly scheduled vacation hearings to carry out the requirements of this section.(2)(a) When a sentencing court receives notice from the administrative office of the courts under section 1 of this act regarding a defendant potentially qualifying to vacate his or her conviction, the court shall set an administrative vacation hearing.
For the purposes of conducting proceedings under this section, the requirements under RCW 9.96.060 (2)(b) and (5)(a) apply to misdemeanors and the requirements under RCW 9.94A.640(2) apply to felonies, except a defendant is not required to:
(b) For the purposes of conducting proceedings under this section, the requirements under RCW 9.96.060 (2)(b) and (5)(a) apply to misdemeanors and the requirements under RCW 9.94A.640(2) apply to felonies, except a defendant is not required to file a petition or application or provide notice to relevant parties.
File a petition or application;
A defendant is not required to appear at an administrative or contested hearing for the court to vacate a conviction under this section.(3) At an administrative vacation hearing, the court shall determine whether to vacate the conviction based on the requirements for the particular offense under RCW 9.96.060 (2)(b) or (5)(a) or 9.94A.640(2).
provide notice to relevant parties;
or appear at an administrative or contested hearing.(3) At an administrative vacation hearing, the court shall determine whether to vacate the conviction based on the requirements for the particular offense under RCW 9.96.060 (2)(b) or (5)(a) or 9.94A.640(2).
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Action History

  1. Governor vetoed.

  2. Delivered to Governor.

  3. President signed.

  4. Speaker signed.

  5. Passed final passage; yeas, 90; nays, 7; absent, 0; excused, 1.

  6. House concurred in Senate amendments.

  7. Third reading, passed; yeas, 45; nays, 3; absent, 0; excused, 1.

  8. Rules suspended. Placed on Third Reading.

  9. Committee amendment(s) adopted with no other amendments.

  10. Placed on second reading by Rules Committee.

  11. Scheduled for public hearing in the Senate Committee on Ways & Means at 10:00 AM

  12. Passed to Rules Committee for second reading.

  13. WM - Majority; do pass with amendment(s) by Law & Justice.

  14. Scheduled for public hearing in the Senate Committee on Ways & Means at 09:00 AM

  15. Referred to Ways & Means.

  16. Scheduled for public hearing in the Senate Committee on Law & Justice at 10:00 AM

  17. And refer to Ways & Means.

  18. LAW - Majority; do pass with amendment(s).

  19. Scheduled for public hearing in the Senate Committee on Law & Justice at 09:00 AM

  20. First reading, referred to Law & Justice.

  21. Third reading, passed; yeas, 79; nays, 18; absent, 0; excused, 1.

  22. Rules suspended. Placed on Third Reading.

  23. 2nd substitute bill substituted.

  24. 2nd substitute bill substituted.

  25. 2nd substitute bill substituted.

  26. Rules Committee relieved of further consideration. Placed on second reading.

  27. Rules Committee relieved of further consideration. Placed on second reading.

  28. Rules Committee relieved of further consideration. Placed on second reading.

  29. Referred to Rules 2 Review.

  30. Referred to Rules 2 Review.

  31. Referred to Rules 2 Review.

  32. Scheduled for public hearing in the House Committee on Appropriations at 01:30 PM

  33. Scheduled for public hearing in the House Committee on Appropriations at 01:30 PM

  34. Minority; without recommendation.

  35. Minority; do not pass.

  36. APP - Majority; 2nd substitute bill be substituted, do pass.

  37. Minority; without recommendation.

  38. Minority; do not pass.

  39. APP - Majority; 2nd substitute bill be substituted, do pass.

  40. Minority; without recommendation.

  41. Minority; do not pass.

  42. APP - Majority; 2nd substitute bill be substituted, do pass.

  43. Referred to Appropriations.

  44. Referred to Appropriations.

  45. Scheduled for public hearing in the House Committee on Public Safety at 08:00 AM

  46. Minority; without recommendation.

  47. Minority; do not pass.

  48. PS - Majority; 1st substitute bill be substituted, do pass.

  49. Minority; without recommendation.

  50. Minority; do not pass.

  51. PS - Majority; 1st substitute bill be substituted, do pass.

  52. Scheduled for public hearing in the House Committee on Public Safety at 01:30 PM

  53. First reading, referred to Public Safety.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 149 not signed on · 13 voted No

Sponsors (1)

Co-sponsors (1)

  • Irwin

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage as Amended by the Senate (#16)

Passed 90 Yea · 7 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 30300
Republican 18400
Democrat 42001
Total 90701
% of votes cast 92%7%0%1%
How each member voted (98)
Member Party Vote
Appleton — Yea
Blake — Yea
Chambers — Yea
Chandler — Yea
Chopp — Yea
Cody — Yea
DeBolt — Yea
Dolan — Yea
Hoff — Yea
Hudgins — Yea
Irwin — Yea
Jenkin — Nay
Kirby — Yea
Klippert — Yea
Kraft — Nay
Kretz — Yea
Maycumber — Yea
McCaslin — Yea
Mead — Yea
Mosbrucker — Yea
Pellicciotti — Yea
Pettigrew — Yea
Sells — Yea
Shea — Yea
Smith — Yea
Sullivan — Yea
Sutherland — Yea
Tarleton — Yea
Vick — Nay
Wilcox — Yea
Young — Yea
Johnson, J. — Yea
Van Werven — Yea
Alex Ramel Democrat Yea
Amy Walen Democrat Yea
Beth Doglio Democrat Yea
Bill Ramos Democrat Yea
Chris Kilduff Democrat Yea
Cindy Ryu Democrat Yea
Dave Paul Democrat Not Voting
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Javier Valdez Democrat Yea
Joe Fitzgibbon Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Noel Frame Democrat Yea
Roger Goodman Democrat Yea
Sharon Shewmake Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Yea
Chris Gildon Republican Yea
Dan Griffey Republican Yea
Drew MacEwen Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Nay
Jenny Graham Republican Yea
Jeremie Dufault Republican Nay
Jim Walsh Republican Yea
Joe Schmick Republican Nay
Keith Goehner Republican Yea
Mary Dye Republican Nay
Matt Boehnke Republican Yea
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Skyler Rude Republican Yea
Tom Dent Republican Yea

Official roll call →

3rd Reading & Final Passage as Amended by the Senate (#43)

Passed 45 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 23101
Republican 8200
Democrat 14000
Total 45301
% of votes cast 92%6%0%2%
How each member voted (49)
Member Party Vote
Becker — Yea
Billig — Yea
Brown — Yea
Carlyle — Yea
Darneille — Yea
Das — Yea
Ericksen — Nay
Frockt — Yea
Hawkins — Yea
Hobbs — Yea
Honeyford — Yea
Keiser — Yea
Kuderer — Yea
McCoy — Yea
Mullet — Yea
O'Ban — Yea
Padden — Yea
Randall — Yea
Rivers — Not Voting
Rolfes — Yea
Sheldon — Yea
Takko — Yea
Wilson, L. — Yea
Zeiger — Yea
Van De Wege — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Derek Stanford Democrat Yea
Jamie Pedersen Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Yea
Victoria Hunt Democrat Yea
Curtis King Republican Yea
Jeff Holy Republican Yea
Jim Walsh Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Nay
Mark Schoesler Republican Yea
Phil Fortunato Republican Nay
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

3rd Reading & Final Passage (#36)

Passed 79 Yea · 18 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 24801
Republican 121000
Democrat 43000
Total 791801
% of votes cast 81%18%0%1%
How each member voted (98)
Member Party Vote
Appleton — Yea
Blake — Yea
Chambers — Yea
Chandler — Nay
Chopp — Yea
Cody — Yea
DeBolt — Not Voting
Dolan — Yea
Hoff — Nay
Hudgins — Yea
Irwin — Yea
Jenkin — Nay
Johnson, J. — Yea
Kirby — Yea
Klippert — Nay
Kraft — Nay
Kretz — Yea
Maycumber — Yea
McCaslin — Yea
Mead — Yea
Mosbrucker — Nay
Pellicciotti — Yea
Pettigrew — Yea
Sells — Yea
Shea — Yea
Smith — Yea
Sullivan — Yea
Sutherland — Yea
Tarleton — Yea
Vick — Nay
Wilcox — Yea
Young — Yea
Van Werven — Nay
Alex Ramel Democrat Yea
Amy Walen Democrat Yea
Beth Doglio Democrat Yea
Bill Ramos Democrat Yea
Chris Kilduff Democrat Yea
Cindy Ryu Democrat Yea
Dave Paul Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Javier Valdez Democrat Yea
Joe Fitzgibbon Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Noel Frame Democrat Yea
Roger Goodman Democrat Yea
Sharon Shewmake Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Nay
Chris Gildon Republican Nay
Dan Griffey Republican Yea
Drew MacEwen Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Nay
Jenny Graham Republican Nay
Jeremie Dufault Republican Nay
Jim Walsh Republican Yea
Joe Schmick Republican Nay
Keith Goehner Republican Yea
Mary Dye Republican Nay
Matt Boehnke Republican Nay
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Nay
Paul Harris Republican Yea
Skyler Rude Republican Yea
Tom Dent Republican Nay

Official roll call →

Subjects

civil-rights
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Frequently asked questions

Who sponsors HB 2793?
HB 2793 is sponsored by Drew Hansen (Democrat) and Irwin.
What is the current status of HB 2793?
This bill died with 2019-2020 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2793?
Track HB 2793 free on One Click Politics — get push/email alerts when it moves.

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