Hoes Does A Felon Get Civil Rights and Gun Rights Restored in Washington?
Full Question:
Answer:
The Governor of the State of Washington has the authority to restore those civil rights abrogated by state law. In order to apply for restoration of rights upon completion of probation, supervised release, or parole, you should write to:
Chair, Clemency and Pardons Board
c/o Office of the Governor
PO Box 40002, Legislative Bldg.
Olympia, WA 98504-0002
In this letter you should provide the following information:
1. That you are a convicted Federal felon and have completed your term of probation, supervised release, or parole.
2. That you are interested in restoration of your rights.
3. The circumstances of the offense, court of conviction, and disposition. Include a copy of the court order discharging you from probation or supervised release, or the "Notice of Discharge" from parole.
4. Your present address, and telephone number, and your employer.
5. The name, address, and telephone number of your Federal probation/parole officer.
6. Letters of recommendation from your employer or other interested parties may be helpful.
Please be advised that the Clemency and Pardons Board requires one year to have lapsed since
termination of supervision and/or probation before they will review petitions for the restoration
of civil rights.
The Bureau of Alcohol, Tobacco and Firearms is authorized to restore Federal firearm privileges
to convicted felons under 18 U.S.C.925(c), but has not been permitted since fiscal year 1992 to
expend funds for this purpose. The only other provision in Federal law which explicitly relieves persons of the Federal firearms disability is a Presidential Pardon, authorized under the United
States Constitution, Article II, Section 2; C.F.R. 1.1 et seq; and 28 C.F.R. 0.35 and 0.36.
Additionally, it is noted that Title 9, Section 41.040 of the Revised Code of Washington (state
law) forbids ownership or possession of any firearm (including a concealed weapons permit) by
an individual convicted of a crime of violence, serious drug offenses, or qualifying misdemeanor
offenses.
Section 1.1-1.9 of Title 28 of the Code of Federal Regulations set forth the procedure for applying for Executive Clemency by means of a Presidential Pardon. In order to be eligible for consideration, a convicted felon must have complied with the rules published in the Code of
Federal Regulations, and must have completed at least five years (and in some cases seven years) of arrest-free existence from the date of release from supervision. Additionally, he/she must have demonstrated good citizenship and complete rehabilitation.
A Petition for Pardon After Completion of Sentence can be obtained from the Office of the Pardon Attorney, United States Department of Justice, 500 First Street, N.W., Suite 400,
Washington, DC 20530. This form may be obtained from their internet website:
www.usdoj.gov/pardon/pardon_petition.htm
Please see the following WA statutes:
RCW 9.96.010 Whenever the governor shall grant a pardon to a person
convicted of an....
Whenever the governor shall grant a pardon to a person convicted of an
infamous crime, or whenever the maximum term of imprisonment for which any
such person was committed is about to expire or has expired, and such
person has not otherwise had his civil rights restored, the governor shall
have the power, in his discretion, to restore to such person his civil
rights in the manner as in this chapter provided.
Sec. 2 RCW 9.92.066 and 2003 c 66 s 2 are each amended to read as
follows:
(1) Upon termination of any suspended sentence under RCW 9.92.060 or
9.95.210, such person may apply to the court for restoration of his or
her civil rights not already restored by RCW 29A.08.520. Thereupon the
court may in its discretion enter an order directing that such defendant
shall thereafter be released from all penalties and disabilities
resulting from the offense or crime of which he or she has been
convicted.
(2)(a) Upon termination of a suspended sentence under RCW 9.92.060 or
9.95.210, the person may apply to the sentencing court for a vacation of
the person's record of conviction under RCW 9.94A.640. The court may, in
its discretion, clear the record of conviction if it finds the person has
met the equivalent of the tests in RCW 9.94A.640(2) as those tests would
be applied to a person convicted of a crime committed before July 1,
1984.
(b) The clerk of the court in which the vacation order is entered
shall immediately transmit the order vacating the conviction to the
Washington state patrol identification section and to the local police
agency, if any, which holds criminal history information for the person
who is the subject of the conviction. The Washington state patrol and any
such local police agency shall immediately update their records to
reflect the vacation of the conviction, and shall transmit the order
vacating the conviction to the federal bureau of investigation. A
conviction that has been vacated under this section may not be
disseminated or disclosed by the state patrol or local law enforcement
agency to any person, except other criminal justice enforcement
agencies.
Sec. 3 RCW 9.94A.637 and 2007 c 171 s 1 are each amended to read as
follows:
(1)(a) When an offender has completed all requirements of the
sentence, including any and all legal financial obligations, and while
under the custody and supervision of the department, the secretary or the
secretary's designee shall notify the sentencing court, which shall
discharge the offender and provide the offender with a certificate of
discharge by issuing the certificate to the offender in person or by
mailing the certificate to the offender's last known address.
(b)(i) When an offender has reached the end of his or her supervision
with the department and has completed all the requirements of the
sentence except his or her legal financial obligations, the secretary's
designee shall provide the county clerk with a notice that the offender
has completed all nonfinancial requirements of the sentence.
(ii) When the department has provided the county clerk with notice
that an offender has completed all the requirements of the sentence and
the offender subsequently satisfies all legal financial obligations under
the sentence, the county clerk shall notify the sentencing court,
including the notice from the department, which shall discharge the
offender and provide the offender with a certificate of discharge by
issuing the certificate to the offender in person or by mailing the
certificate to the offender's last known address.
(c) When an offender who is subject to requirements of the sentence
in addition to the payment of legal financial obligations either is not
subject to supervision by the department or does not complete the
requirements while under supervision of the department, it is the
offender's responsibility to provide the court with verification of the
completion of the sentence conditions other than the payment of legal
financial obligations. When the offender satisfies all legal financial
obligations under the sentence, the county clerk shall notify the
sentencing court that the legal financial obligations have been
satisfied. When the court has received both notification from the clerk
and adequate verification from the offender that the sentence
requirements have been completed, the court shall discharge the offender
and provide the offender with a certificate of discharge by issuing the
certificate to the offender in person or by mailing the certificate to
the offender's last known address.
(2) Every signed certificate and order of discharge shall be filed
with the county clerk of the sentencing county. In addition, the court
shall send to the department a copy of every signed certificate and order
of discharge for offender sentences under the authority of the
department. The county clerk shall enter into a database maintained by
the administrator for the courts the names of all felons who have been
issued certificates of discharge, the date of discharge, and the date of
conviction and offense.
(3) An offender who is not convicted of a violent offense or a sex
offense and is sentenced to a term involving community supervision may be
considered for a discharge of sentence by the sentencing court prior to
the completion of community supervision, provided that the offender has
completed at least one-half of the term of community supervision and has
met all other sentence requirements.
(4) Except as provided in subsection (5) of this section, the
discharge shall have the effect of restoring all civil rights not already restored by RCW 29A.08.520,
and the certificate of discharge shall so state. Nothing in this
section prohibits the use of an offender's prior record for purposes of
determining sentences for later offenses as provided in this
chapter. Nothing in this section affects or prevents use of the
offender's prior conviction in a later criminal prosecution
either as an element of an offense or for impeachment purposes.
A certificate of discharge is not based on a finding of rehabilitation.
(5) Unless otherwise ordered by the sentencing court, a certificate
of discharge shall not terminate the offender's obligation to comply with
an order issued under chapter 10.99 RCW that excludes or prohibits the
offender from having contact with a specified person or coming within a
set distance of any specified location that was contained in the judgment
and sentence. An offender who violates such an order after a certificate
of discharge has been issued shall be subject to prosecution according to
the chapter under which the order was originally issued.
(6) Upon release from custody, the offender may apply to the
department for counseling and help in adjusting to the community. This
voluntary help may be provided for up to one year following the release
from custody.
Sec. 4 RCW 9.96.050 and 2007 c 363 s 4 and 2007 c 171 s 2 are each
reenacted and amended to read as follows:
(1)(a) When an offender on parole has performed all obligations of
his or her release, including any and all legal financial obligations,
for such time as shall satisfy the indeterminate sentence review board
that his or her final release is not incompatible with the best interests
of society and the welfare of the paroled individual, the board may make
a final order of discharge and issue a certificate of discharge to the
offender.
(b) The board retains the jurisdiction to issue a certificate of
discharge after the expiration of the offender's or parolee's maximum
statutory sentence. If not earlier granted and any and all legal
financial obligations have been paid, the board shall issue a final order
of discharge three years from the date of parole unless the parolee is on
suspended or revoked status at the expiration of the three years.
(c) The discharge, regardless of when issued, shall have the effect of
restoring all civil rights not already restored by RCW 29A.08.520, and the certification of
discharge shall so state.
(d) This restoration of civil rights shall not restore the right to
receive, possess, own, or transport firearms.
(e) The board shall issue a certificate of discharge to the offender in
person or by mail to the offender's last known address.
(2) The board shall send to the department of corrections a copy of
every signed certificate of discharge for offender sentences under the
authority of the department of corrections.
(3) The discharge provided for in this section shall be considered as
a part of the sentence of the convicted person and shall not in any
manner be construed as affecting the powers of the governor to pardon any
such person.
Sec. 5 RCW 10.64.140 and 2005 c 246 s 1 are each amended to read as
follows:
(1) When a person is convicted of a felony, the court shall require
the defendant to sign a statement acknowledging that:
(a) The defendant's right to vote has been lost due to the felony
conviction;
(b) If the defendant is registered to vote, the voter registration
will be canceled;
(c) The right to vote is provisionally restored as long as
the defendant is not under the authority of the department of corrections;
(d) The defendant must reregister before voting;
(e) The provisional right to vote may be revoked if the defendant
fails to comply with all the terms of his or her legal financial
obligations or an agreement for the payment of legal financial
obligations;
(f) The right to vote may be permanently restored by one of the
following for each felony conviction:
(i) A certificate of discharge issued by the sentencing court, as
provided in RCW 9.94A.637;
(ii) A court order issued by the sentencing court restoring the
right, as provided in RCW 9.92.066;
(iii) A final order of discharge issued by the indeterminate
sentence review board, as provided in RCW 9.96.050; or
(iv) A certificate of restoration issued by the governor, as
provided in RCW 9.96.020; and
(g) Voting before the right is restored is a class C felony under
RCW 29A.84.660.
(2) For the purposes of this section, a person is under the authority
of the department of corrections if the person is:
(a) Serving a sentence of confinement in the custody of the department
of corrections; or
(b) Subject to community custody as defined in RCW 9.94A.030.
Sec. 6 RCW 9.94A.885 and 1999 c 323 s 3 are each amended to read as
follows:
(1) The clemency and pardons board shall receive petitions from
individuals, organizations, and the department for review and commutation
of sentences and pardoning of offenders in extraordinary cases, and shall
make recommendations thereon to the governor.
(2) The board shall receive petitions from individuals or
organizations for the restoration of civil rights lost by operation of
state law as a result of convictions for federal offenses or out-of-state
felonies. The board may issue certificates of restoration limited to in political office. Any certifications granted by the board must be filed with the secretary of
state to be effective. In all other cases, the board shall make
recommendations to the governor.
(3) The board shall not recommend that the governor grant clemency
under subsection (1) of this section until a public hearing has been held
on the petition. The prosecuting attorney of the county where the
conviction was obtained shall be notified at least thirty days prior to
the scheduled hearing that a petition has been filed and the date and
place at which the hearing on the petition will be held. The board may
waive the thirty-day notice requirement in cases where it determines that
waiver is necessary to permit timely action on the petition. A copy of
the petition shall be sent to the prosecuting attorney. The prosecuting
attorney shall make reasonable efforts to notify victims, survivors of
victims, witnesses, and the law enforcement agency or agencies that
conducted the investigation, of the date and place of the hearing.
Information regarding victims, survivors of victims, or witnesses
receiving this notice are confidential and shall not be available to the
offender. The board shall consider written, oral, audio, or videotaped
statements regarding the petition received, personally or by
representation, from the individuals who receive notice pursuant to this
section. This subsection is intended solely for the guidance of the
board. Nothing in this section is intended or may be relied upon to
create a right or benefit, substantive or procedural, enforceable at law
by any person.
Sec. 27 RCW 29A.08.520 and 2005 c 246 s 15 are each amended to read as
follows:
(1) Upon receiving official notice of a person's conviction of a
felony in either state or federal court, if the convicted person is a
registered voter in the county, the county auditor shall cancel the
defendant's voter registration.
(2) T he secretary of state in conjunction with the department of
corrections, the office of the administrator
for the courts, and other appropriate state agencies shall arrange for a
quarterly comparison of a list of known felons with the statewide voter
registration list. If a registered voter is found on a reliable list of felons who are ineligible to vote, the secretary of state or county auditor shall confirm the match through a name and date of birth comparison and suspend the voter registration from the official state voter registration list.
The secretary of state shall send to the person at his or her last known voter registration address a notice of the proposed
cancellation and an explanation of the requirements for restoring the
right to vote once all terms of sentencing have been completed. If the
person does not respond within thirty days, the registration must be
canceled.
(3) The right to vote may be restored by, for each felony
conviction, one of the following:
(a) A certificate of discharge issued by the sentencing court, as
provided in RCW 9.94A.637;
(b) A court order restoring the right, as provided in RCW 9.92.066;
(c) A final order of discharge issued by the indeterminate sentence
review board, as provided in RCW 9.96.050; or
(d) A certificate of restoration issued by the governor, as provided in
RCW 9.96.020.
Sec. 28 RCW 29A.08.610 and 2004 c 267 s 129 are each amended to read
as follows:
In addition to the case-by-case cancellation procedure required in
RCW 29A.08.420,T he secretary of state, shall conduct an ongoing list
maintenance program designed to detect persons registered in more than
one county or voting in more than one county in an election. This program
must be applied uniformly throughout the state and must be
nondiscriminatory in its application.
The office of the secretary of state shall search the statewide voter
registration list to find registered voters with the same date of birth
and similar names. Once the potential duplicate registrations are
identified, t he secretary of state shall refer the potential duplicate
registrations to the appropriate county auditors, who shall compare the
signatures on each voter registration record and, after confirming that a
duplicate registration exists properly resolve the duplication.
If a voter is suspected of voting in two or more counties in an
election, the county auditors in each county shall cooperate without
delay to determine the voter's county of residence. The county auditor of
the county of residence of the voter suspected of voting in two or more
counties shall take action under RCW 29A.84.010 without delay.
