Second chances with strings attached: DUI record vacation bill clears key hurdle in Washington

Yahoo

19-02-2025

Washington residents convicted of Driving Under the Influence (DUI) or Actual Physical Control While Under the Influence (PC) could soon petition to have their criminal records vacated, thanks to a new bill that just passed an important committee vote.
House Bill 1110 passed the Community Safety Committee on Monday with a party-line vote of 6-3, with Democrats in the majority. The bill reflects a theme this year from the Democratic Caucus of offering second chances to people convicted of serious crimes by loosening penalties.
The bill allows individuals convicted of DUI, PC or a prior offense for either, to have their conviction records cleared if they haven't been convicted of another alcohol- or drug-related traffic offense within five years.
Before the committee's final vote, the bill's co-sponsor and committee chair, Representative Roger Goodman (D-Kirkland), made several changes. While the core concept of the bill remains intact — allowing individuals who meet specific criteria to have their DUI convictions vacated — several new conditions were added.
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The bill now requires individuals to wait at least five years from their sentencing date or three years from their release from supervision or probation before applying. This ensures that only those who have demonstrated sustained responsibility after their conviction are considered for record vacation.
Additionally, applicants must prove that their driver's license is eligible for reinstatement by the Department of Licensing (DOL), ensuring that the individual has complied with all driving-related requirements.
Another new criterion specifies that the applicant was not holding a commercial driver's license or a commercial learner's permit at the time of the offense, nor were they operating a commercial vehicle. This change prevents individuals involved in more serious, professional driving roles from seeking record vacation for DUI offenses tied to their employment.
Supporters of DUI record vacation bill weigh in
Representative Lillian Ortiz-Self (D-Edmonds), a main sponsor of the bill, shared her perspective during the bill's public testimony.
'This policy will only apply to a very narrow set of individuals,' she said, emphasizing that only those without additional alcohol- or drug-related convictions would be eligible.
Ortiz-Self also highlighted the positive impacts of vacating criminal records for other offenses, noting that it has helped individuals access housing, employment and education.
'I believe in second chances, and I believe in positive incentives to get the results we want,' she added. 'This policy ensures that people are held accountable, because it allows for the vacation to be revoked if there is another offense.'
Supporters, like Oscar Aguirre, a staff attorney with the King County Bar Association, argue the bill will not impact law enforcement's ability to enforce DUI laws but will instead help people reintegrate into society by removing a major barrier to employment and housing.
'This bill advances uniformity among Washington's post-conviction laws,' Aguirre stated. 'Vacating a conviction promotes successful re-entry into society.'
However, detractors of the bill raise serious concerns, particularly regarding its potential to undermine existing legislation.
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Linda Thompson of the Washington Association for Substance Misuse and Violence Prevention warned that the bill would conflict with a previously passed law, House Bill 1493, which restricts certain DUI offenders from receiving a second deferred prosecution.
'We don't think that the pathway to recovery is by concealing the offense in the first place,' Thompson said. 'We appreciate the provisions in here that allow these priors to be resurrected upon a subsequent charge, but we have concerns about what happens if a person wants to drive a commercial vehicle.'
James McMahon, representing the Washington Association of Sheriffs and Police Chiefs, echoed these concerns. He pointed out the potential inconsistency with existing policies that prohibit individuals with DUI convictions from becoming Uber or Lyft drivers.
'How can the legislature continue to support that policy if it also enacts this one?' McMahon asked, questioning whether the two could coexist effectively.
HB 1110 now moves forward for a potential full House vote. If passed into law, the new provisions will take effect on July 1, 2026.
Matt Markovich often covers the state legislature and public politics for KIRO Newsradio. You can read more of Matt's stories here. Follow him on X, or email him here.