Those with felony convictions can have their financial obligations reviewed

Washington’s recent New Hope Act really does offer new hope to people who are struggling with felony conviction records. The law applies to all Superior Court cases – whether the sentence is recent or many years old. It allows our judges to reconsider the financial portions of felony sentences (other than restitution), based on a person’s financial circumstances, and to reduce those financial obligations to a level the person can pay. The new law also increases the types of cases in which a court may consider vacating a person’s conviction after the person has completed the sentence.

In the past, the law included substantial fines and court costs in a felony sentence, and required interest at 12 percent per year. This put many people thousands of dollars in debt. The New Hope Act allows a judge to reduce fines and fees, except for restitution to the victim, and to eliminate the interest that has accrued. Then, the person can make a realistic payment plan for any balance remaining. For people who have already served their time and met their other sentence requirements, paying off the financial obligations means the conviction can be “discharged” (the law’s recognition that the sentence has been fully performed).

The New Hope Act also permits the court to vacate convictions for all but the most serious felony crimes (generally, Class A felonies and crimes of abuse or violence) after a person has fully completed their sentence and stayed out of criminal trouble for a set period of time (generally five to 10 years depending on the circumstances). Vacating a conviction removes it from the person’s criminal record.

The Superior Court Clerk’s Office helps people prepare and file motions for reconsideration of their financial obligations. Now is an especially good time to act, because the court will soon refer delinquent accounts to a collection agency, adding collection fees to these accounts. The accounts of people who are working with the court will not be sent to collection, and our clerk’s office will continue to help people meet their obligations, discharge or vacate their convictions, and get on with their lives.

If you or someone you know has a Superior Court conviction, get more information by reading the Clerk’s Office website: whatcomcounty.us/782/Legal-Financial-Obligations. You can contact the Clerk’s Office on the third floor of the county courthouse between 8:30 a.m. and 4:30 p.m. Monday through Friday. The phone number is 360/778-5619.

A felony conviction is a serious matter, but it doesn’t have to put goals like finding a good job, buying a home or living without debt out of reach. The New Hope Act can help people meet their legal obligations and move ahead to better, happier lives.

Judge Garrett is the Superior Court’s presiding judge.