Overview Description

Records relating to a conviction relating to fishing activities that occurred prior to January 1, 1975, can be vacated by the court if the person convicted claims to have been exercising a treaty Indian fishing right. If the person is deceased, a family member or official representative of the tribe can file the petition. Wash. Rev. Code § 9.96.060(4).

Ineligible Category or Citation

This section applies only to fishing activities. Wash. Rev. Code § 9.96.060(4).

Procedure General

The petition must be filed in the sentencing court. For the specific procedure, see Wash. Rev. Code § 9.96.060.

Fees

There is no fee.

Effect

The petitioner is released from all penalties and disabilities resulting from the offense. The petitioner can state that they have never been convicted of a crime for all purposes, including questions on employment or housing applications. State patrol and local law enforcement agencies can disseminate information on vacated convictions to other criminal justice agencies. Wash. Rev. Code §§ 9.96.060(5), (7). Court records may remain available to the public after vacation. Please consult a legal professional for more information.

Waiting Periods

There is no statutory language regarding any waiting period.

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