BCCU does not have the ability to remove your criminal history directly. However, there are a number of methods of removing or minimizing the effects of criminal history, which may or may not be appropriate for you based on your particular situation. The common methods are:
- Have the non-conviction information Expunged/Deleted:
- Under RCW 10.97.060, non-conviction information can be destroyed under certain circumstances, and will be unavailable. Please see WA State Patrol’s Expungement Checklist for more information.
- Have the crime Vacated:
- Effective July 28, 2019, the New Hope Act (HB 1041) modifies the criteria for vacating felonies and misdemeanors, making the eligibility requirements broader. Only certain convictions are eligible to be vacated under the act. For more information, see Vacating Record of Felony Conviction and Vacating Misdemeanor and Gross Misdemeanor Convictions.
- Under RCW Chapter 9.96, courts are authorized to vacate the record of conviction by setting aside the guilty plea/verdict. While vacated convictions may still be discoverable, for purposes of BCCU a vacated crime is not used in determining results. A person whose conviction has been vacated may legally state they have never been convicted of that crime. Please see WA Courts guide to sealing/vacating records for more information.
- Have a misdemeanor marijuana possession offense Vacated:
- On May 13, 2019, Governor Inslee signed SB 5605, Concerning Marijuana Offense Convictions. Every person convicted of misdemeanor marijuana possession offenses in Washington, who was 21 years of age or older at the time of the offense, may apply to the sentencing court to vacate his or her conviction record for the marijuana offense. Please see Marijuana Justice Initiative for more information.
- Have the crime Sealed:
- Under Washington state court rules, a court may seal a record to prevent access to the contents of the record. Sealing does not destroy the record or prevent the existence of the record from being reported, and the record may be subject to a future order unsealing it. For purposes of BCCU a sealed crime is not used in determining results. Please see WA Courts guide to sealing/vacating records for more information.
- Obtain a Pardon:
- Under the Washington state constitution the Governor may pardon an individual, which may restore certain civil rights and typically removes the conviction information from publically-accessible data. While this information may still be discoverable, BCCU treats pardoned Washington State crimes as non-convictions if they are based on rehabilitation or innocence. Please see the Clemency & Pardon Board for additional information.
- Obtain a Certificate of Rehabilitation of Opportunity (CROP):
- Under RCW Chapter 9.97, anyone may petition the courts for a certificate of restoration of opportunity. With a CROP, in many cases you may no longer be denied for a license based solely on your conviction. However, there are many exemptions to this process that apply to DSHS. Please see WA Courts Certificate of Restoration of Opportunity brochure for more information.