Even though Washington has a reputation for somewhat lenient drug laws, thousands of people still get arrested and prosecuted for substance-related offenses every year. Those who plead guilty or get convicted have to cope with having a criminal record that may follow them for the rest of their lives in some cases.
Criminal records can affect everything from what rent housing someone can secure to their employment opportunities. Occasionally, the records of certain criminal infractions are eligible for sealing, meaning that they are no longer available to the general public during a search of official records. The courts may even vacate conviction records in certain scenarios. Those with prior felony criminal record related to a simple possession offense might actually be eligible to vacate their criminal record under certain circumstances.
A court ruling helped expand post-conviction relief eligibility
There have always been ways for those convicted of a crime to seek post-conviction relief. However, sometimes there are changes to the law or court rulings that lead to sweeping reform. That is effectively what happened in 2021.
The Washington Supreme Court ruled on a case and determined that a state felony drug possession statute was unconstitutional. That ruling paved the way for those with offenses prior to that ruling to apply to have the courts vacate a prior conviction. Those incarcerated at the time of the ruling were among those most likely to seek relief. However, thousands of others could also be eligible.
Individuals with a felony drug possession offense on their record from before 2021 can theoretically seek the vacation of that conviction from their record. In some cases, this ruling might help someone eliminate the only real blemish on their criminal record.
Removing a prior conviction can open up new opportunities for an individual. They may have an easier time getting a job, enrolling in higher education or connecting with financial aid. If they ever get arrested again, the vacation of a prior offense can impact the charges or penalties that they might face in criminal court.
Learning about different solutions for criminal records, including vacating a prior conviction, could help people improve their lives after a run-in with the law. People who take control of their criminal records can also take control of their futures.