Where the Expungement Process Begins
Washington State radically changed the rules for expunging convictions in 2019. There is a problem, however, many people don’t know. A lot of Internet searches still pull up the old laws and people convicted of crimes are told they have no chance at vacating those convictions when in fact they do.
The process, however, cannot begin unless you have a Certificate Of Discharge. You can only get a Certificate of Discharge if you’ve completed all the terms of your original sentence.
What that means is not as simple as it sounds.
Certificate Of Discharge – the Details
To vacate any felony conviction, it is mandatory that a person first obtain a Certificate of Discharge from the court.
Here’s how that works in theory: A person qualifies for a Certificate of Discharge when they complete all the conditions of their sentence. The law is clear that under most circumstances either the court or the Department of Corrections (DOC) must do whatever they can to ensure that a person receives their Certificate of Discharge.
Note here that the “effective” date of the Certificate of Discharge must be the actual date the conditions of sentence were completed, even if the court wasn’t informed about that fact for months or years. In other words, the Certificate of Discharge will always be retroactive to the date the sentence was completed, the date the court signs it is irrelevant.
Which is good because:
Here’s how it [usually] works in the real world: In most situations the court or DOC never get around to issuing the Certificate of Discharge and the person is so happy their sentence is over they don’t think to ask about – if, that is, they even know about it.
Luckily, the Certificate of Discharge law now allows people to directly petition the court for a Certificate of Discharge by providing proof that all sentence conditions were completed.
One more thing - a court may still issue a Certificate of Discharge even if the person has not completed all the conditions of the sentence, with one major exception.
Financial Obligations in Washington State
One condition of sentence that will not be waived: financial obligations. They must always be paid in full.
Some examples of financial obligations that currently will not be waived:
- Restitution: This is money paid directly to victims to compensate them for losses caused by your crime. Restitution is a priority and must be paid before other fees.
- Court Costs and Fines: These are fees imposed by the court system to cover the expenses of your case.
- Assessments: These are mandatory fees directed towards specific programs or services, like crime victim funds.
- Accrued Interest: Interest accumulates on unpaid legal financial obligations over time.
It's important to note that recent legislation (effective January 1, 2023) may offer some relief. The court may now waive, reduce, or eliminate certain interest charges. This is not automatic, depends on your circumstances, and must be petitioned for. Unfortunately, this has little to no effect on the principal amount.
Waiving Conditions for ‘Good Cause’
Aside financial obligations, however, a person may ask the court to waive an incomplete condition of sentence for “good cause.” If the court grants the waiver, the “effective” date for the Certificate of Discharge is either (a) five years after completion of community custody or confinement, or (b) the date legal financial obligations were paid; whichever occurred latest.
Unfortunately, the law does not define what “good cause” is. In other areas of law this term is generally defined as ‘circumstances beyond a person’s control.’ It is obviously considered on a case-by-case basis, after petitioning the court.
This petitioning must be precise, carefully worded, logical, and compelling.
Take Your First Step to Vacating Your Conviction
We are the Seattle, Washington Attorneys Who Will Show You How an Expungement Will Work for You
Just to be clear: you cannot apply for an expungement without a Certificate of Discharge. If you have one, check out our guides on who and what charges are eligible to be vacated. If this is you, call Knauss Law today and get the process started.
If you don’t have one and are unsure how to get it, call us.
Knauss Law is always available to talk about your criminal record and a possible expungement. We like nothing more than working with our clients and exploring your opportunity to start a new life, new career, and enjoy the rights your friends and neighbors have.