Approximately six years ago, Washington voters passed Initiative 502, legalizing
the possession and recreational use of marijuana for those age 21 and
over. Now, Seattle’s government is taking another major step in
this process, moving to vacate low-level marijuana possession convictions.
City Attorney Pete Holmes and Mayor Jenny Durkan announced this decision
last week, calling it the next step towards undoing years convictions
for conduct that’s no longer against the law. Attorney Holmes hasn’t
prosecuted low-level marijuana crimes since taking the office back in
2010, and it’s estimated that vacating these convictions would wipe
out between 500 and 600 criminal charges, dating back to 1997. Marijuana
possession arrests rose sharply over the period of the notorious “war
on drugs,” from around 4,000 in 1986 to around 11,000 in the year
2010. Over that stretch, there were an estimated nearly quarter-million arrests.
Mayor Durkan’s office noted that these arrests have disproportionately
affected minority communities, with African Americans being arrested at
2.9 times the rate of whites, and Latinos and Native Americans being arrested
at 1.6 times the rate.
Seattle isn’t the first city to legalize marijuana consumption and
possession, but this move allows it to join San Francisco as the only
major metropolises in the country to move to vacate criminal convictions
en masse. For years, the city has had a relaxed approach to low-level
pot crimes, and the hopes are this is just the next step in erasing difficulty
and restoring liberty to citizens.
What This Means for Your Record
If you have been convicted of a misdemeanor marijuana possession charge
in roughly the last 20 years or so, there’s a chance your criminal
conviction could be eligible to be overturned by this move. At the moment
it’s unclear whether or not you’ll need to apply to have your
record expunged or sealed, or whether this process will be done automatically.
However, if you are dealing with the consequences of having one of these
low-level convictions on your record, you may be eligible to have your
record cleared through expungement or record sealing. If you’d like
to know more about this process, speak with a Snohomish County DUI attorney
about your options. If a certain amount of time has passed since your
conviction and you’ve maintained a clean record since then, you
may be eligible to either have your record destroyed (expungement) or
sealed away from public view so that it will no longer show up on criminal
It’s also important to note that this move to vacate marijuana convictions
only applies to
misdemeanor possession of marijuana charges. This means that any marijuana-driven DUI charges will not be eligible
for this removal, and that you could still have to deal with one of these
charges on your record, even if this motion comes to fruition. Even though
marijuana consumption has been made legal, it’s still against the
law for drivers to get behind the wheel while impaired.
If you are facing drug-related DUI charges, call the Law Office of Mark
W. Garka, PLLC today at 888-252-1961 to request a case evaluation!