Reversing Wrong Punishments

[dropcap class=”kp-dropcap”]T[/dropcap]he state of Washington has taken a step further toward vacating all misdemeanor cannabis convictions. Gov. Jay Inslee signed Senate Bill 5605 on May 13. Approximately 60,000 people are now eligible to request to have their convictions vacated, but the decision has not come without opposition.

This recent move was made seven years after Washington voters approved Initiative 502, which legalized recreational cannabis in the state. This forgiving of convictions has been a long time coming, to say the least.

Requests to vacate misdemeanor cannabis possession charges from before cannabis was legalized will be granted by judges under the new law. However, for charges to be reversed, those convicted of possession must have been at least 21 at the time of charges.

A vacated conviction will benefit those who have been unfairly punished for an action that is no longer punishable in the state. Those formerly convicted will have the conviction removed from their personal records. It will also no longer be considered if the person is facing future sentencing. Also, the formerly convicted will not need to mention the misdemeanor conviction on applications for employment or housing.

While other cities like San Francisco and Los Angeles in California have moved forward with automatic expungement processes, this bill does not grant people with convictions the same convenience. Instead, people will have to file a motion in court in order to request a conviction to be vacated by a judge. However, this new bill still is less strict than a previous cannabis pardon process in Washington. “This is a matter of fairness and justice,” Inslee said. “We should not be punishing people for something that is no longer illegal in this state.”

Democratic State Sen. Joe Nguyen is another proponent of the bill. He has been vocal in stating how much these convictions have negatively impacted convicted people’s abilities to secure housing and employment. He further explained his support in a Feb. 12 public hearing on the bill. “What we’re doing today is righting the wrong of injustice in the past,” Nguyen said. He gave the example that one of his constituents has been unable to chaperone her child’s school field trips due to a past misdemeanor possession conviction.

“This is a matter of fairness and justice. We should not be punishing people for something that is no longer illegal in this state.”

Although this is common sense legislation to many, there are still some lawmakers showing opposition to the new bill. Republican Rep. Brad Klippert, for instance, voted against the bill in the Washington State House of Representatives. He followed up his opposition on May 13 with a statement. “At the time they committed the crime, it was a crime,” said Klippert. He continued to explain that even if a law changes, the consequences should reflect the laws that existed at the time a decision to break the law was made.

Yakima County authorities also expressed opposition to SB-5605. In particular, Yakima County Prosecuting Attorney General Joe Brusic echoed Klippert’s sentiment above. According to the Yakima Herald, Brusic stated that his office may choose to deny applications to vacate Yakima county misdemeanor cannabis convictions. “Individuals in Yakima County can call an attorney, and we can discuss it,” Brusic said. “But we are not going to agree to it just because it is legal now. When they were convicted, they were breaking the law.”

Taking effect 90 days from April 28, this new law will become active and ultimately change many lives in the process.