Legal Question in Criminal Law in Washington

10 years after being charged with a felony, what rights can I recover, and how do I go about recovering them


Asked on 3/19/10, 2:43 pm

1 Answer from Attorneys

Paul Ferris Law Office of Paul T. Ferris

Your civil rights - to vote, hold elected office and serve as a juror - are restored upon successful completion of all conditions of the judgment and sentence, including financial obligations, with a certificate of discharge. If a certificate has not yet been filed, you can find forms at www.courts.wa.gov .

Restoration of your firearm rights requires a separate petition and order. Some counties provide forms and instructions. Even with forms, it is important to review the applicable statutes (RCW 9.40.040) and case law to ensure that the forms are sufficient.

Certain felony convictions may be vacated, after which you may state for all purposes that you have not been convicted of the offense. The applicable statute is RCW 9.94A.640 (other statutes cited therein must be reviewed). Be advised that vacating the conviction does not destroy, seal or expunge the record; it does dismiss the charge and prohibits law enforcement agencies from disseminating conviction information. However, anyone can still view the court file in the clerk's office and access certain information online.

You may also be eligible to seal the court file, but there is a difficult burden to meet. Forms for vacating and sealing may also be found at the above link.

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Answered on 3/24/10, 3:09 pm


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