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FAQ: How a Criminal Record Affects Your Life in Washington State

by | Oct 3, 2024 | Criminal Defense

Q: What is a criminal record, and how is it created in Washington State?

A: A criminal record is an official document that contains information about an individual’s criminal history, including arrests, charges, convictions, and sentences. In Washington State, a criminal record is created when a person is arrested, charged, or convicted of a crime. This information is recorded in various databases, including those maintained by the Washington State Patrol and the court system. Even if the charges are dismissed or the person is acquitted, the arrest may still appear on their criminal record unless steps are taken to clear it.

Q: How does having a criminal record affect employment opportunities?

A: In Washington, employers can consider an applicant’s criminal history during the hiring process, though there are some legal protections. Under the Fair Chance Act, employers are prohibited from asking about criminal records during the initial stages of the hiring process. However, once the employer deems an applicant qualified and offers them a job, they may inquire about their criminal history and use it to make hiring decisions. Depending on the nature of the job and the type of conviction, having a criminal record can limit employment opportunities, especially in fields that require background checks, such as healthcare, education, or law enforcement.

Q: Can a criminal record affect housing options?

A: Yes, landlords in Washington State often conduct background checks on prospective tenants. A criminal record, particularly for serious offenses like violent crimes or drug-related charges, can make it harder to find housing. Landlords may legally deny rental applications based on certain criminal records. However, Seattle has enacted the Fair Chance Housing Ordinance, which prohibits landlords from denying housing based on criminal convictions, except for sex offenders required to register.

Q: Will a criminal record affect my ability to obtain professional licenses?

A: Many professional licenses in Washington State require applicants to pass a background check. For example, individuals seeking licenses in fields like law, healthcare, real estate, and childcare may face barriers if they have a criminal record. Licensing boards typically review the nature and severity of the offense, how much time has passed since the conviction, and whether the applicant has taken steps toward rehabilitation. Depending on the specific license, a criminal record can delay or prevent approval.

Q: How does a criminal record impact educational opportunities?

A: Most colleges and universities in Washington State do not require disclosure of a criminal record during the admissions process. However, some institutions, particularly those with specialized programs like healthcare or law, may require background checks before students can enroll in certain courses, internships, or clinical programs. A criminal record could limit access to these programs, affecting educational opportunities and career prospects.

Q: Can a criminal record affect child custody or adoption in Washington State?

A: A criminal record can influence family law matters, including child custody or adoption. In Washington, family courts prioritize the best interests of the child, and a parent’s criminal history can be a factor in determining custody arrangements. For example, a history of violent crimes, domestic violence, or substance abuse may lead the court to limit a parent’s custody or visitation rights. Similarly, individuals with certain criminal convictions may face challenges when applying to adopt a child, as adoption agencies and the courts will consider whether the person’s history raises concerns about the safety and welfare of the child.

Q: How does a criminal record impact voting rights in Washington State?

A: In Washington, individuals with felony convictions regain their right to vote once they are no longer under the supervision of the Department of Corrections (DOC). This means that people who have completed their prison sentence, parole, and any community supervision may register to vote. However, if a person is re-incarcerated for a new felony conviction, their voting rights will again be suspended until they complete their new sentence.

Q: Can a criminal record affect my ability to travel?

A:  Yes.  Many other countries have strict immigration standards for admission.  Please see our blog on that issue.

Q: Can a criminal record be expunged or sealed in Washington State?

A: Washington allows individuals to clear certain criminal records through a process called “vacating” a conviction. Vacating a conviction removes it from your public record, meaning it won’t appear in background checks. However, not all offenses are eligible for vacation. For example, violent crimes, sex offenses, and DUIs cannot be vacated. Additionally, the person must meet several requirements, such as completing their sentence, staying crime-free for a certain number of years, and fulfilling any financial obligations like restitution. Arrests that did not result in a conviction can also be removed from your record, though this requires a separate process.

Q: Does a criminal record affect immigration status?

A: For non-citizens, having a criminal record in Washington State can have serious immigration consequences, including deportation, denial of entry, or being barred from obtaining lawful permanent resident status (a green card). Certain crimes, such as drug offenses, violent crimes, or crimes involving moral turpitude, can trigger deportation proceedings or prevent an individual from adjusting their immigration status. It is critical for non-citizens facing criminal charges to consult with an attorney who understands both criminal and immigration law.

Q: How can an attorney help with a criminal record?

A: A criminal defense attorney can help minimize the impact of a criminal record in several ways. First, they may assist in preventing a conviction altogether by negotiating plea deals, challenging evidence, or mounting a strong defense. After a conviction, an attorney can help with expungement or vacating records, depending on eligibility. They can also provide guidance on how to explain a criminal record to potential employers, landlords, or licensing boards. Additionally, for non-citizens, an attorney can offer critical advice on how criminal charges might affect immigration status and work to mitigate those consequences.

Conclusion

A criminal record in Washington State can have far-reaching consequences that extend beyond the courtroom. It can affect employment, housing, professional licensing, education, family law matters, and more. However, options like record expungement or vacating a conviction can help mitigate these effects. Consulting with an experienced criminal defense attorney is essential to understanding your rights and options.

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