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National

Washington enacts Certificate of Restoration of Opportunity

Washington State courts are now authorized to grant certain individuals a Certificate of Restoration of Opportunity (CROP), which prohibits many state licensing entities from disqualifying the holder solely based on his or her criminal history.  A CROP also protects employers and housing providers from liability for negligent hiring and renting.  The new certificate authority was created by HB 1533, which was signed by Governor Jay Inslee on March 31 and took effect last month.

In light of the trend toward giving courts responsibility for restoring legal rights and certifying rehabilitation, we took a closer look at who is eligible for this newest judicial certificate and the benefits it confers.

Persons convicted at any time of a Class A felony, certain sex offenses, extortion, drive-by shooting, vehicular assault, or luring are ineligible, as are registered sex offenders. Full Article

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Let me see if I understand what Washington State is doing? The way I read it is that certain sex offenses, or if currently a SO, you do not qualify for any relief under HB1533.

Eligibility

A CROP is available to individuals convicted of a misdemeanor, gross misdemeanor, or less-serious felony (or adjudicated in juvenile court for equivalent offenses) so long as certain eligibility requirements are met. To be eligible, a person must be “in compliance with or have completed all sentencing requirements imposed by a court,” must have no pending charges, and must not have been arrested for or convicted of a new crime. Persons convicted at any time of a Class A felony, certain sex offenses, extortion, drive-by shooting, vehicular assault, or luring are ineligible, as are registered sex offenders. Waiting periods apply and depend on the offense and sentence:

1 year from sentencing – misdemeanor/gross misdemeanor (probation/noncustodial sentence)
18 months from release – misdemeanor/gross misdemeanor (sentence of confinement)
2 years from sentencing (probation/noncustodial sentence) or release (sentence of confinement) – Class B/C felony
5 years from sentencing (probation/noncustodial sentence) or release (sentence of confinement) – violent offense under Wash. Rev. Code § 9.94A.030

As per most laws, the wording is so confusing and contradictory, it takes a law professor to attempt to untangle the garbage. Maybe I’m wrong, but as a SO, it still appears that you have little chance to ever have the freedom that our constitution promises. It may be a step in the right direction, but I sure don’t see much here.

Frank

Sickening!!!! Yeah, some “opportunity”!

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