A certificate of discharge allows a person convicted of a Washington crime to have some key civil rights restored, such as the right to serve on a jury or the right to vote. A certificate of discharge can also play an important role in establishing eligibility for vacating a felony conviction.
A certificate of discharge comes from the Superior Court that initially convicted a defendant. Those pursuing relief after a criminal conviction may need a certificate of discharge but may be unsure of when they are technically eligible to receive one.
The law has changed in recent years
Many people believe that a certificate of discharge is only available after the completion of a criminal sentence, including probation or parole terms. That may be true in some cases, but the New Hope Act, a state statute enacted in 2019, allows those convicted of criminal offenses to qualify for a certificate of discharge sooner. Those seeking relief can work with an attorney to petition the courts to request a certificate of discharge.
Typically, the defendant’s lawyer must convince the courts that they have made significant progress regarding their rehabilitation by outlining their recent work history, attempts to pursue educational opportunities and current stable living arrangements. A judge can potentially cancel any remaining conditions imposed as part of a criminal sentence and grant a certificate of discharge based on an individual’s efforts at rehabilitation.
Those seeking a certificate of discharge while they still have unfulfilled sentencing requirements may need the help of an attorney to evaluate their position and present a compelling case in court. Discussing the terms of a remaining sentence or conditions with an attorney familiar with Washington redemption law can help defendants make use of this new law that offers a relatively fresh start for those with criminal convictions.