1 CRIMINAL HISTORY/RECORDS A Guide on When and How to Seal/Vacate Non-Violent Class B or C Felony Convictions Occurring On or After July 1, 1 Introduction This brochure provides information and forms on how to vacate and seal records concerning certain non-violent Class B or C felony convictions in Washington State occurring on/after July 1, 1. There currently is NO statute that would allow for the expungement or destruction of an adult conviction record. However, once your conviction is vacated and sealed, state law gives you the right to state to anyone, including prospective employers, that you were NOT convicted of that offense. There are some limitations evidence of the conviction can be raised during a later criminal prosecution AND obtaining an order to vacate/seal most likely does NOT restore your right to own or possess firearms. 1 Additionally, computerized court indexes such as SCOMIS may still show the nature of the charge. Employers may check both SCOMIS and the FBI records and obtain this information. However, it is still worthwhile to obtain a court order vacating and sealing your record, since it does provide you some protection in background checks. Basic Requirements The circumstances under which conviction records may be vacated or sealed are VERY LIMITED. You should NOT begin the seal/vacate process unless ALL of the following are true: 1. The court date of your conviction was ON/AFTER July 1, 1;. There are NO criminal charges against you pending in any court in any state or federal court;. You have NOT been convicted of a new crime in any state or federal court since the date of the your discharge (this is the date the sentencing court issued an order called a "Certificate of Discharge" certifying that all requirements of your sentence had been completed);. a) The offense was a class B felony and at least YEARS have passed since the date your sentence was discharged; or b) The offense was a class C felony and at least YEARS have passed since the date your sentence was discharged; AND 1 Restoration of your right to possess firearms is beyond the scope of this publication. However, for reference, a petition to restore rights concerning firearms can be made under RCW.1.00(). See also RCW.1.0. RCW.A.0 (formerly RCW.A.0). 1
2 . The offense of which you were convicted was NOT one of the following: Any felony defined under any law as a class A felony or an attempt to commit a class A felony Criminal solicitation of or criminal conspiracy to commit a class A felony Extortion in the first degree Drive-by shooting Vehicular homicide Aggravated, first or second degree murder First or second degree kidnapping Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug, or by operation of any vehicle in a reckless manner First, second, third, and fourth (simple) degree assault First, second, or third degree assault of a child First, second, or third degree rape First, second, or third degree rape of a child First or second degree robbery First or second degree arson First degree burglary First or second degree manslaughter First or second degree extortion Indecent liberties Incest First degree promoting prostitution Communication with a minor Unlawful imprisonment Sexual exploitation of minors First or second degree criminal mistreatment Endangerment with a controlled substance This list of crimes was compiled and consolidated from RCW.A.00() ("violent crimes") and RCW..0() ("crimes against children or other persons").
3 Child abuse or neglect as defined in RCW..00 First or second degree custodial interference First or second degree custodial sexual misconduct Malicious harassment First, second, or third degree child molestation First or second degree sexual misconduct with a minor Patronizing a juvenile prostitute Child abandonment Promoting pornography Selling or distributing erotic material to a minor Custodial assault Violation of child abuse restraining order Child buying or selling Prostitution Felony indecent exposure Criminal abandonment Possibly any of the above crimes as they may be renamed in the future Possibly any conviction for a felony offense in effect at any time prior to July 1, 1, that is comparable to one of the above felonies Possibly any federal or out-of-state conviction for an offense that under the laws of this state would be classified as one of the above felonies. WARNING: If any of the above requirements are not met, you do NOT qualify for vacation of your conviction and you should NOT attempt to do so. Step-by-Step Guide The following is a step-by-step guide to vacating and sealing your criminal history records. STEP 1: OBTAIN A PERSONAL CRIMINAL HISTORY CHECK In many cases, your local prosecutor and your employer will be satisfied that you have no new arrests on your record if you obtain an "unofficial" copy of your criminal history background report through the WSP on the Internet at the following website: This service costs $ per search and requires a credit card. If the WATCH printout does not satisfy the prosecutor or employer, then you should go
4 to your local law enforcement office (police or sheriff) and have them fingerprint you and provide you with TWO official fingerprint cards. Next, write the Washington State Patrol ("WSP") to request that they send you an official copy of your personal criminal history background (sometimes referred to as a "fingerprint search"). Explain that you are making this request in connection with your motion to vacate/seal criminal history records. Include one of the official fingerprint cards (NOT a copy) and a $ money order and send everything to: Criminal History Section Washington State Patrol PO Box Olympia WA 0- It can take up to weeks or more for the WSP to process your request. If you have not received the report within weeks of your mailing, you should call the WSP at to inquire as to the status of your request. STEP : OBTAIN COURT DOCUMENTS Go to the court in which you were convicted and obtain the following documents from the Court Clerk: 1. A copy of the Satisfaction of Judgment if there is one.. A certified copy of your Certificate and Order of Discharge. This document should have been provided to the court by the Department of Corrections (DOC), and then given to you in person or by mail (and filed in the criminal court file), after successful completion of the sentence. Sometimes, DOC terminates supervision of a convicted individual without issuing an Order of Discharge. For example, the individual may have failed to pay fines that were required or failed to complete a treatment program that was ordered. Because your ability to vacate a conviction is based on the date the Order of Discharge was issued, you will NOT be able to vacate your conviction until an Order of Discharge has been issued. You may be able to get this issue straightened out with DOC if you in fact paid all your legal financial obligations or completed all sentencing conditions, or you may need to contact a private attorney. If you are low income and live outside King County, you may call Northwest Justice Project s CLEAR line at (King County low-income clients may call 0--) for advice or a possible referral.. Certified copy of your Judgment and Sentence. The files with these documents will likely be in the court's archives and thus your request may take several weeks to process. There may be charges for copying these documents. See RCW.A.(1).
5 STEP : DRAFT YOUR DECLARATION TO SUPPORT YOUR MOTION NOTE: It is preferred that any documents you prepare for the court are TYPED and NOT handwritten. If typing is not possible, then be sure that the penmanship is clear and easy to read. In your Declaration, you are stating the information necessary to meet the "Basic Requirements" noted above. Attached is a "Declaration of Defendant..." form that you may use. You should also attach all court/other documents related to your declaration. STEP : DRAFT THE MOTION Complete the attached "Defendant's Motion for Order..." form. STEP : CONTACT THE PROSECUTOR'S OFFICE/VICTIM'S INFORMATION At some point early on, well before scheduling your court hearing, you should contact the prosecutor's office that was involved in your case. Explain what you are doing and ask to speak with the prosecutor in their office who handles such matters. You may learn that the particular prosecutor's office does not require the formality of a court hearing and will agree to sign off on an "Agreed Order" if you provide them with sufficient proof you have satisfied the statutory requirements. (See the section below regarding the "Order to Vacate/Seal..." in Step for more information.) It is more likely, however, that the prosecutor will require that you schedule and attend a hearing before the judge. If so, you must properly notify the prosecutor of the hearing by following applicable court rules (see below). STEP : SCHEDULE HEARING DATE/NOTICE OF HEARING When you have all your papers in order and are essentially ready to go to court, contact the Court Clerk and find out which court/judge will hear your motion and on what day of the week/time it can be heard. You should plan to schedule your hearing - weeks in advance, and verify with the Clerk that there are no conflicts around this time. Also, verify with the Clerk whether there is a special form that you must use to note the time/date of the hearing. If not, you may use the attached "Notice of Hearing re Motion for Order..." form. Finally, verify with the court whether there is a filing fee for this type of motion. At least some courts do not require a filing fee as you are filing the motion under the original case number. If the clerk believes a filing fee applies, ask that they verify this with their supervisor and/or the court's accounting department. If a fee does apply, it may be around $0-$1 cash, money order or certified check. STEP : COPY/FILE/SERVE THE DOCUMENTS Make copies of all your documents so that you have THREE complete sets one original and two copies. You may also need at least TWO additional copies of your "Notice of Hearing".
6 Go to the Clerk's office and file the originals the "Motion" (with attachments), the "Declaration" (with attachments), and the "Notice of Hearing" and pay any applicable filing fee. Also, have them date stamp one set of your documents (the first page of each document in the set). Then, go directly to the prosecutor's office and hand a copy of your documents the "Motion", "Declaration", and "Notice of Hearing" to an employee of the prosecutor's office. Have this person date stamp the set of documents that was previously stamped by the Court Clerk. Also, make sure that the person who receives the documents understands that there is a notice regarding a hearing that will happen very soon and the documents should immediately be given to a prosecutor. If there were any identifiable victims of your crime, write the prosecuting attorney a letter requesting that they send notice of the hearing to each victim and include a copy of the "Notice of Hearing" and an envelope with sufficient postage for this purpose. STEP : DECLARATION OF SERVICE Complete the attached "Declaration of Service" form with information on HOW you sent WHAT papers to WHOM and WHEN. Make FOUR copies, file the original with the Court Clerk some time before your hearing, have one of your copies date stamped by the clerk and bring the three copies with you to the hearing one for yourself (the date stamped copy), one for the prosecutor and one for the judge. STEP : PREPARE FOR & ATTEND THE HEARING/OBTAIN AN ORDER Fill in the attached "Order to Vacate Seal..." everything except where the judge and prosecutor signs/dates it. If the prosecutor decides to sign off on your order, check the box under the heading next to "AGREED ORDER" and have the prosecutor sign it at the end. Make THREE copies and bring them to the hearing. Prepare for the hearing by writing a brief outline of what you intend to say to the court. Your outline should follow the following format: 1. Brief introduction. Introduce yourself, thank the court for allowing you to be heard, and explain why you are there i.e., bringing a motion to vacate criminal history records.. Briefly state that you have satisfied all of RCW.A.0's statutory requirements. a) Your conviction was ON/AFTER July 1, 1; b) There are NO pending criminal charges against you anywhere; c) You have NOT been convicted of a new crime in any state or federal court since your discharge; d) You were convicted of a class B felony and over YEARS have passed since your discharge, or you were convicted of a class C felony and over YEARS have passed since your discharge; AND
7 e) The offense involved was NOT a "violent crime" under RCW.A.00(), or a "crime against persons" under RCW..0().. Briefly state that you have satisfied all of the procedural requirements under General Rule (GR) 1 by serving proper notice of the hearing.. Present a copy of your proposed order to the prosecution and to the judge. Explain that your proposed order tracks the language in RCW.A.0 and General Rule 1.. Ask the court if it has any questions and, if so, answer them to the best of your ability. Attend the hearing. Bring at least TWO extra copies of your documents (THREE copies of your "Declaration of Service" and "Order to Vacate/Seal..."), which includes the copy that was date stamped by the court and the prosecutor. 1. Be 0 minutes early.. Dress neatly, as if you were going to a job interview.. Do NOT bring your children, if at all possible.. Check in with the clerk of the judge's courtroom.. Try to find the prosecutor and go over any last minute details with him or her before the hearing.. When your case is called, walk up to the table or podium for lawyers in front of the judge and wait to be instructed by the judge to speak. Follow your prepared outline.. Remember to speak only to the judge and only when it is your turn. Do NOT interrupt the judge or speak to the prosecutor, even if they interrupt or speak to you. You want to appear polite and reasonable. Staying calm will impress the judge. If you are confused or do not understand something, politely tell the judge so and ask for clarification. If the judge grants and signs your order, ask that either the judge or courtroom clerk give the order to you so that you may go to the Court Clerk's office to file it and obtain FIVE copies of the order: be sure that the order has the court s file stamp on it or the Washington State Patrol will not accept it. There will be a charge for this service. STEP : SEND THE ORDER TO THE WASHINGTON STATE PATROL (WSP) & OTHER AGENCIES Fill in and sign the attached letter to the WSP requesting that they delete all references to your conviction and cease disseminating information regarding your conviction. The letter also requests that, if possible, they forward this information to any other relevant agencies, including the Federal Bureau of Investigation (FBI). You MUST enclose the copy of your signed order that you obtained from the Court Clerk after your hearing. Mail this letter to the WSP at the same address to which you sent your criminal history report request. You should send this letter with delivery confirmation requested NOT
8 by certified mail as you are sending it to a P.O. Box and no one is there to personally accept delivery. After a few weeks have passed, call the WSP to ensure that they have received the order and are processing your request. Approximately ninety days after the Order was obtain, you should confirm that your criminal history record with the WSP is up-to-date and correct. You can do this by ordering a new official and/or unofficial copy of your criminal history report. Be prepared for the possibility that your criminal history information may have found its way into databases other than the WSP's. Consequently, you should also contact the FBI, local law enforcement, the Department of Licensing and other relevant agencies to request that their records concerning information be deleted or sealed. You may need to send them a court-stamped copy of your order. You should also keep a courtstamped copy of your order ready to present if someone like a prospective employer gets negative information from some other source. After sealing, the FBI may still disclose some information about the conviction. If disclosures are still being made, check your FBI records and contact the WSP. Note that a Washington law enforcement agency is required to report accurate and complete criminal history information. No such agency may report criminal history information concerning a felony without checking with the WSP to verify the most current and complete information available. Moreover, should such an agency violate these requirements, it is possible to bring a lawsuit forcing the agency to act in a certain way or for damages, which could be significant if, for example, you were to lose a job opportunity because of their mistake. If your lawsuit asks that the agency act in a certain way, you may be able to recover attorney's fees. Finally, violations of these requirements are considered a criminal misdemeanor and thus can subject members of such an agency to criminal liability. Other Resources Washington State Court Internet Site: This site includes a statewide directory of courts, including address/numbers. The site also includes a variety of legal information and forms, including: 1. Criminal History and Criminal Records: A Guide on When and How to Challenge, Seal, Vacate or Expunge, written by the Office of the Administrator for the Courts (OAC). This publication includes information on juvenile and adult criminal history court and law enforcement records, and can also be obtained by calling OAC directly at Forms used to seal Juvenile Court Records. See RCW..00. See RCW..0. See RCW...
9 . Forms and instructions used to vacate/seal Misdemeanor and Gross Misdemeanor Conviction Court Records. CLEAR (Northwest Justice Project): If you are low-income, additional legal advice is available by calling the Northwest Justice Project's Coordinated Legal Education Advice and Referral (CLEAR) program at Moreover, legal publications covering a broad range of legal topics are available from our website (the Northwest Justice Project) at This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. This information is current as of the date of its printing, April 00. EN 00 Northwest Justice Project , TTY (Permission for copying and distribution granted to Washington State Access to Justice Network and to individuals for non-commercial purposes only.)
10 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF 1 1 STATE OF WASHINGTON, Plaintiff, vs., Defendant. Case No. DEFENDANT'S MOTION FOR ORDER TO VACATE/SEAL CONVICTION RECORD PURSUANT TO GR 1 and RCW.A I. IDENTITY OF MOVING PARTY Name: Address: Phone: [not necessary] Date of Conviction: Offense convicted of : Sentence: judgment and sentence attached Date of Discharge: [Certificate of Discharge attached] DEFENDANT'S MOTION FOR ORDER TO VACATE/SEAL CRIMINAL HISTORY RECORDS - Page 1
11 II. FACTS A. The offense for which Defendant seeks relief was committed on/after July 1, 1. B. There are no criminal charges against Defendant pending in any state or federal court. C. The offense involved in the above-numbered case, (name of crime with RCW citation), is not a "violent offense" as defined in RCW.A.00. D. The offense involved in the above-numbered case is not a "crime against persons" as defined in RCW..0. E. Defendant has not been convicted of a new crime in any state or federal court since discharged under RCW.A. (formerly RCW.A.0). F. The offense involved in the above-numbered case is a Class (B or C) felony. G. Over years ( for Class B or for Class C) have passed since Defendant was discharged under RCW.A.. H. The above facts are supported and supplemented by Defendant's Declaration and supporting materials. III. STATUTORY AUTHORITY GR 1(a) sets forth "a uniform procedure for the destruction and sealing of court files, cases, records, or specified documents or material in a court file or record at all court levels." The rule defines "sealing" as "to protect from examination by the public or nonauthorized personnel." GR 1(b)(1). Motions to seal criminal history records may be brought by "any interested person" and the court has the discretion to grant such motion if such is "expressly permitted by statute or there are compelling circumstances requiring such action." GR 1(c)(1)(B). Here, RCW.A.0 provides the statutory authorization supporting Defendant's motion, and outlines the following prerequisites: 1. No pending criminal charges against Defendant in any state or federal court; DEFENDANT'S MOTION FOR ORDER TO VACATE/SEAL CRIMINAL HISTORY RECORDS - Page
12 conviction by:. No new convictions for Defendant in any state or federal court since Defendant's date of discharge;. The offense was not a "violent offense" as defined in RCW.A.00;. The offense was not a "crime against persons" as defined in RCW..0; and. The offense was a class C felony and over five years have passed, or a class B felony and over years have passed, since the date of discharge. As long as the above elements are satisfied, an offender may ask the court to "clear the record of (a) Permitting the offender to withdraw the offender's plea of guilty and to enter a plea of not guilty; or Under RCW.A.00(), "violent offense" means any of the following felonies: (i) Any felony defined under any law as a class A felony or an attempt to commit a class A felony; (ii) Criminal solicitation of or criminal conspiracy to commit a class A felony; (iii) Manslaughter in the first degree; (iv) Manslaughter in the second degree; (v) Indecent liberties if committed by forcible compulsion; (vi) Kidnapping in the second degree; (vii) Arson in the second degree; (viii) Assault in the second degree; (ix) Assault of a child in the second degree; (x) Extortion in the first degree; (xi) Robbery in the second degree; (xii) Drive-by shooting; (xiii) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner; and (xiv) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW.1.0, or by the operation of any vehicle in a reckless manner. It also includes: "(i) any conviction for a felony offense in effect at any time prior to July 1, 1, that is comparable to a felony classified as a violent offense in (a) of this subsection; and (ii) any federal or out-ofstate conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection." Id. Under RCW..0(), "crimes against children or other persons" means a conviction for any of the following offenses: [a]ggravated murder; first or second degree murder; first or second degree kidnapping; first, second, or third degree assault; first, second, or third degree assault of a child; first, second, or third degree rape; first, second, or third degree rape of a child; first or second degree robbery; first degree arson; first degree burglary; first or second degree manslaughter; first or second degree extortion; indecent liberties; incest; vehicular homicide; first degree promoting prostitution; communication with a minor; unlawful imprisonment; simple assault; sexual exploitation of minors; first or second degree criminal mistreatment; endangerment with a controlled substance; child abuse or neglect as defined in RCW..00; first or second degree custodial interference; first or second degree custodial sexual misconduct; malicious harassment; first, second, or third degree child molestation; first or second degree sexual misconduct with a minor; patronizing a juvenile prostitute; child abandonment; promoting pornography; selling or distributing erotic material to a minor; custodial assault; violation of child abuse restraining order; child buying or selling; prostitution; felony indecent exposure; criminal abandonment; or any of these crimes as they may be renamed in the future. DEFENDANT'S MOTION FOR ORDER TO VACATE/SEAL CRIMINAL HISTORY RECORDS - Page
13 (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." RCW.A.0(). If a motion to vacate the record of conviction is granted, 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. RCW.A.0(). IV. RELIEF REQUESTED By applying the facts to the law as laid out above, it is clear that the standard for vacating Defendant's conviction and ordering the sealing of the applicable records has been met. The presence of a conviction of Defendant's record remains an impediment to employment and other opportunities. Consequently, Defendant respectfully requests that this court exercise its discretion in granting the following relief: A. That the court vacate the record of Defendant's conviction in the above-numbered case. The means by which this would occur is that the court would SET ASIDE the guilty verdict in the abovenumbered case and then DISMISS the information against Defendant. B. That the court order that Defendant be released from all penalties and disabilities resulting from the offense in the above-numbered case. C. That the court order that for all purposes, including responding to questions on employment applications, Defendant may state that Defendant has never been convicted of the crime involved in the above-numbered case. DEFENDANT'S MOTION FOR ORDER TO VACATE/SEAL CRIMINAL HISTORY RECORDS - Page
14 D. That the court order that all law enforcement records and all court records regarding this offense shall be sealed from public dissemination. DATED this day of, 0. Respectfully submitted, Signature Printed Name DEFENDANT'S MOTION FOR ORDER TO VACATE/SEAL CRIMINAL HISTORY RECORDS - Page
15 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF 1 STATE OF WASHINGTON, Plaintiff, vs., Defendant. Case No. DEFENDANT'S DECLARATION IN SUPPORT OF DEFENDANT'S MOTION FOR ORDER TO VACATE/SEAL CONVICTION RECORD PURSUANT TO GR 1 and RCW.A.0 1 I This Declaration is made by: Name: Address: Telephone: Age: 1 0 I DECLARE the following: II. 1 A. On (date), I was convicted of (crime) under RCW (statute citation) in the (name of court) with (name of judge) presiding. DEFENDANT'S DECLARATION IN SUPPORT OF MOTION TO VACATE/SEAL CONVICTION RECORD - 1
16 B. The court sentenced me as set forth in the attached copy of Judgment/Sentence. C. On (date), based on my compliance with the requirements of my sentence, an Order of Discharge was entered. copy of order attached). D. I have not been convicted of a new crime in any state or federal court since the date I was discharged. E. There are no criminal charges pending against me in any state or federal court. F. The offense for which I was convicted was not a "violent offense" as defined in RCW.A.00. G. The offense for which I was convicted was not a "crime against persons" as defined in RCW..0. H. The offense for which I was convicted was a class (B or C) felony and more than ( or ) years have passed since I was discharged. I. Having the record of conviction has affected, and continues to affect, my professional and personal life, and therefore I am seeking vacation and dismissal as authorized by law J. In support of my motion, I have attached copies of relevant court and other official documents including); a copy of my criminal history report from WSP; a copy of my Order of Discharge; a copy of my Judgment/Sentence; and a copy of my Satisfaction of Judgment. III. In accordance with RCW A..0 and GR 1, I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Signed at, on day of, 0. (City and State) Signature Printed/Typed Name DEFENDANT'S DECLARATION IN SUPPORT OF MOTION TO VACATE/SEAL CONVICTION RECORD -
17 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF STATE OF WASHINGTON, Case No TO: vs. Plaintiff,, Defendant. NOTICE OF HEARING RE MOTION FOR ORDER TO VACATE/SEAL CRIMINALCONVICTION RECORD PURSUANT TO GR 1 and RCW.A.0 CLERK'S ACTION: REQUIRED THE COUNTY CLERK; PROSECUTING ATTORNEY; (Identified Victim, if applicable) (Probationary/Supervisory Agency, if applicable) PLEASE TAKE NOTICE that on a hearing on Defendant's Motion for Order to Vacate/Seal Conviction Record will be heard at the following date, time and location: DATE: TIME: PLACE: County Superior Court Judge 's courtroom ADDRESS: NOTICE OF HEARING RE DEFENDANT'S MOTION TO VACATE - Page 1
18 PHONE: DATED this day of, 0. Signature Printed/Typed Name Address Phone NOTICE OF HEARING RE DEFENDANT'S MOTION TO VACATE - Page
19 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF 1 1 STATE OF WASHINGTON, Plaintiff, vs., Defendant. Case No. ORDER TO VACATE/SEAL CRIMINAL CONVICTION RECORDPURSANT TO GR 1 and RCW.A.0 [ ] AGREED ORDER CLERK'S ACTION: REQUIRED THIS MATTER having been brought before the court by Defendant seeking an order to vacate/seal Defendant's record of conviction in the above referenced case, and the Court having read the records, files, pleadings and other supporting materials herein hereby ORDERS, ADJUDGES AND DECREES the following: A. Defendant's guilty verdict for (crime) in the abovenumbered action is VACATED and the information is DISMISSED. B. All court and law enforcement records of the conviction in the above-numbered action are now hereby ordered to be SEALED. C. D. Defendant shall be RELEASED from all penalties and disabilities resulting from the offense in the above-numbered action. ORDER TO VACATE/SEAL CRIMINAL HISTORY RECORDS -Page 1
20 E. Defendant shall for all purposes, including responding to questions on employment applications, be able to state that Defendant has never been convicted of the crime involved in the above-numbered action. F. CLERK'S ACTION: Pursuant to RCW..0, the clerk of this court shall promptly provide at no expense a certified copy of this order to the agency initiating the criminal history record for the charge ultimately resulting in the conviction at issue AND to the identification section of the Washington State Patrol. Dated this day of, 0. JUDGE/COMMISSIONER Presented by: DEFENDANT ORDER TO VACATE/SEAL CRIMINAL HISTORY RECORDS -Page Agreed to in Form/Substance by: PROSECUTING ATTORNEY Printed Name WSBA No.
21 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF STATE OF WASHINGTON, vs. Plaintiff, Case No. DECLARATION OF SERVICE , I DECLARE that: Defendant. I. A. I hand-delivered/mailed by regular mail First Class U.S. Mail postage prepaid/mailed by certified mail First Class U.S. mail return receipt requested postage prepaid/ ed/faxed (circle one or more) to the Office of the Prosecutor of County the following documents: 1. Notice of Hearing Re Motion for Order to Vacate/Seal Conviction Records;. Defendant's Motion for Order to Vacate/Seal Conviction Record; and. Defendant's Declaration in Support of Motion for Order to Vacate/Seal Conviction Record. On/at the following date, time and place: Date: Time: a.m./p.m. Address: DECLARATION OF SERVICE - Page 1
22 B. I hand-delivered/mailed by regular mail First Class U.S. Mail postage prepaid/mailed by certified mail First Class U.S. mail return receipt requested postage prepaid/ ed/faxed (circle one or more) to (the identified victim) [ ] To the Prosecuting Attorney's Office to be forwarded to victim identified above. The following document: 1. Notice of Hearing re Defendant's Motion to Seal/Vacate. On/at the following date, time and place: Date: Time: a.m./p.m. Address: C. I hand-delivered/mailed by regular mail First Class U.S. Mail postage prepaid/mailed by certified mail First Class U.S. mail return receipt requested postage prepaid/ ed/faxed (circle one or more) to the office of (supervisory/probationary office e.g., Department of Corrections) at the following address: The following document: Agency Name Address 1. Notice of Hearing re Defendant's Motion to Seal/Vacate. On/at the following date, time and place: Date: Time: a.m./p.m. Address: DECLARATION OF SERVICE - Page
23 II. In accordance with RCW A..0 and GR 1, I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Signed at, on day of, 0. (City and State) Signature Printed/Typed Name DECLARATION OF SERVICE - Page
24 DATE: TO: RE: Records Officer Washington State Patrol Criminal Records and Identification Section P.O. Box Olympia, WA 0- Court order vacating and sealing record of, Date of birth Dear Officer: On, 0 the court, pursuant to RCW.A.0, entered the attached order vacating and sealing my felony conviction. I am requesting that your office take appropriate action to implement this order. To effectuate the court s order, this action should include sealing the record from dissemination in background checks. This will allow me, consistent with the court s order, to state that I have not been convicted of this offense. WAC states that a conviction may be disseminated only until it is vacated by a court. Such vacation has occurred here. The court has further ordered that I am released from all penalties and disabilities resulting from my conviction. The State Patrol has the authority to seal the conviction from public disclosure, not only as to its own records but also as to all other law enforcement agencies who may have given the record to the State Patrol (such as local police) or received it from them (such as the FBI). See, RCW..00. Again, in order to effectuate the court's order, it is necessary, and I request, that you remove the record from your databases and that you in turn notify any other agency you would have transmitted the record to or received it from of the court s order and its impact.
25 I would appreciate your notifying me in writing to confirm that the nature of the action you have taken pursuant to the court order. Having this record sealed is very important to my ability to put my past behind me and be a healthy and productive member of our community. Your cooperation is very much appreciated. Sincerely, Print or Type Name Address Phone
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