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Restoring Your Rights

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All criminal convictions come with costs.  Sometimes these costs are to one’s liberty, social standing, or financial health.  Some convictions result in the loss of certain constitutional rights.  But a conviction doesn’t have to be the end of the story.

Firearms Rights Restoration:

Washington law allows for individuals to restore their rights to possess firearms if certain conditions are met.  Specifically, RCW 9.41.041  allows those convicted of certain felonies and misdemeanors to restore these rights if they have lived in their communities for certain periods of time, they have completed most conditions of their sentence, and they have no pending charges.

If an individual who has lost their firearms rights wishes to restore them, that person must file a petition to do so in the appropriate superior court.  The petition must be served on the appropriate prosecutor’s office and the prosecutor’s office is required to verify the petitioner’s eligibility by following the procedure described in RCW 9.41.041.

There are pitfalls that must be avoided during this process and the laws regarding firearms restoration have changed as recently as 2023.  If you would like to discuss the process, contact Brandon  today.

Vacating Convictions:

Many criminal convictions can be vacated provided the conviction is for a qualifying crime, the person has no pending charges, and the person has not been convicted of a new crime within certain periods of time.  If a conviction is vacated, that person “may state that the offender has never been convicted of that crime.”  Vacating felony convictions is governed by RCW 9.94A.640 and the vacating of misdemeanors is governed by RCW 9.96.060 .

The benefits of cleaning up one’s record – of setting the story straight and demonstrating redemption – are numerous.  If you think you are eligible to vacate a prior conviction, we’d love to hear your story.  Contact Brandon  to make an appointment today.