A Guide to Expungement Under the New Hope Act
The New Hope Act, enacted in 2019, brought significant changes to expungement laws in Washington State, offering new opportunities for individuals with certain felony convictions to clear their records. This Act is especially important for those seeking to rebuild their lives after serving their sentences.
However, the New Hope Act introduces many nuances and differences compared to previous expungement rules, which can still be found on various websites. To navigate these complexities and understand how they apply to your situation, it's crucial to have accurate, up-to-date information.
Washington State Convictions That Cannot Be Expunged
While the New Hope Act has expanded expungement eligibility, some convictions in Washington State remain ineligible for expungement. These include:
- Class A felonies
- Felony DUI and Physical Control
- Violent offenses against children
- Violent offenses involving a deadly weapon or sexual motivation enhancements
- Assault convictions where the victim was a law enforcement officer
If your conviction falls into one of these categories, expungement is not an option. However, this does not mean all other felony convictions are automatically eligible. Understanding the specifics of your case is essential.
When Can My Washington State Felony Conviction Be Expunged?
For those whose convictions are eligible, the New Hope Act outlines specific timelines and conditions that must be met before expungement can occur. The class of felony—whether Class B or Class C—will largely determine your eligibility and the waiting period.
Class B Felony
- Residential burglary
- Theft of a firearm
- Unlawful possession of a firearm
To expunge a Class B felony, ten years must have passed since the latest of the following events:
- Sentencing date
- Release from confinement
- Release from Department of Corrections supervision
Additionally, there must be no new convictions of any kind during this ten-year period, all sentence conditions must be completed, and there must be no pending charges against you anywhere in the United States.
Class C Felony
Common Class C felonies include:
- Theft 2nd degree
- Forgery
- Unlawful possession of a firearm 2nd degree
A Class C felony conviction is eligible for expungement after five years under similar conditions to Class B felonies.
Understanding ‘Violent’ Offenses Under the New Hope Act
The New Hope Act provides some flexibility for expunging violent offenses, depending on the circumstances. For example, certain crimes like robbery 2nd degree or assault 3rd degree may be eligible for expungement if they did not involve firearm enhancements, deadly weapon enhancements, or sexual motivation.
If you have questions about whether your specific felony conviction qualifies for expungement under the New Hope Act, it's advisable to consult with a local attorney who specializes in Washington State expungement laws.
Understanding Common Charges and Their Impact on Expungement and Restoration
When it comes to expungement or restoring your firearm rights in Washington State, not all charges are created equal. Below, we've outlined some common charges and how they may impact your ability to clear your record or regain your rights.
- Assault: Assault charges can vary widely in severity. Whether or not an assault conviction can be expunged or affect your firearm rights often depends on factors like the degree of the charge and whether it involved a law enforcement officer.
- Disorderly Conduct: Typically considered a misdemeanor, disorderly conduct can often be expunged, but it’s crucial to understand how it fits into your overall criminal history.
- Domestic Violence: Convictions related to domestic violence can be particularly challenging when it comes to expungement and firearm rights restoration. These charges often carry additional legal restrictions.
- Malicious Mischief: Malicious mischief, often related to property damage, might be eligible for expungement, depending on its classification and your criminal history.
- Property Damage: Property damage-related convictions can sometimes be expunged, but the circumstances and the severity of the offense will be determining factors.
- Reckless Driving: A serious traffic offense, reckless driving can complicate both expungement and firearm rights restoration. Understanding your eligibility is key.
- Theft: Theft charges, especially felonies, have specific criteria for expungement. Whether your conviction falls under Class B or Class C can affect the waiting period and eligibility.
- Physical Control: Often related to DUI charges, a physical control conviction can have long-lasting effects on your record, making expungement and firearm rights restoration more complex.
- Negligent Driving: Another serious traffic offense, negligent driving convictions can be expunged under certain conditions, but they may still impact your overall eligibility for record clearing.
Expunge Your Criminal Record in Washington State
Expungement offers a chance to clear your record and move forward with your life. If you believe your felony conviction might be eligible, don’t hesitate to seek legal advice. The process can be complex, but with the right guidance, you can navigate the New Hope Act effectively and regain the opportunities that a clean record can bring.
For more detailed information on the expungement process and how it applies to your felony conviction, visit our expungement page or contact our Seattle office today.