How can I clear my criminal record so I can enlist in the military and own a gun again?
Full Question:
Answer:
The law in the state of Washington allows people to clear their criminal record in many circumstances, a process called expunging, vacating and/or sealing a conviction. This procedure often results in the "undoing" of a criminal conviction. If your conviction is expunged or vacated, you will be legally able to tell employers, landlords, and everyone else that you have never been convicted of a crime. Your criminal record will not be disclosed to anyone who runs a criminal background check with the Washington State Patrol, local police agencies, or the court system.
There is generally a waiting period before you can apply to expunge or vacate a record, and this waiting period varies from a few years to over 10 years (for the specifics, see RCW 9.96, 9.94A, 10.97, and 13.50). This process allows people who have made mistakes to clear their record, and to rehabilitate their lives and reputations. For adult convictions, Washington law generally only allows you to vacate or expunge you latest conviction.
If you were convicted of a Class B or C felony in Washington, and it has been more than 5 years since you were convicted or released from jail, and you don't have any charges currently pending against you, you may be eligible to have your firearm rights restored.
If you were convicted of a misdemeanor in Washington that caused you to lose your right to possess a firearm, and it has been more than 3 years since you completed the terms of your sentence (including paying the fine), and you don't have any charges currently pending against you, you may be eligible to have your firearm rights restored.
The "offender score" is what Washington courts use to measure a convicted defendant's criminal history in order to determine what sentence to give him for a particular crime. A person can receive an offender score of 0 to 9+, depending on how many convictions he has on his criminal history record and what those convictions were.
The gun restoration statute (9.41.040) says that a person is eligible to petition if he has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.525.
Under 9.94A.525(2):
· Class A felonies are always included in the offender score
· Class B felonies (except sex offenses) are NOT included in the offender score if the defendant has lived conviction-free for 10 consecutive years after he was released from confinement or after entry of judgment and sentence (if no confinement).
· Class C felonies (except sex offenses) are NOT included in the offender score if the defendant has lived conviction-free for 5 consecutive years after he was released from confinement or after entry of judgment and sentence (if no confinement).
· Serious traffic offenses are NOT included in the offender score if the defendant has lived conviction-free for 5 years (doesn't have to be consecutive) after he was released from confinement or entry of judgment and sentence (if no confinement).
For instance, a person is eligible if both of his 1999 class C felonies are over 10 years old and would not therefore be counted towards his offender score.
