In Washington state, certain rights are afforded to victims and survivors of victims. These rights are listed in RCW 7.69.010 and in the Washington State Constitution, Article I, Section 35.
RCW 9.94A.885(3) requires that the prosecuting attorney shall make reasonable efforts to notify victims, survivors of victims, witnesses, and the law enforcement agency or agencies that conducted the investigation, of the date and place of the hearing.
Information about these parties are confidential and shall not be available to the offender. The Washington State Clemency and Pardons Board ("Board") assumes that the prosecuting attorney will meet this obligation.
Are hearings open to the public?
Yes, all Board hearings are open to the public.
Do I have the right to attend a hearing?
Yes..
Victims, survivors of victims, and witnesses of crimes may have concerns regarding an offender's release. These parties may prepare a statement to be considered prior to an offender's release, pardon, or commutation. RCW 7.69.032(1).
These statements may also be presented in person, in writing, or via audio or video at any hearing regarding an application for pardon or commutation. RCW 7.69.032(2)(b).
Who else can attend a hearing?
The petitioner's family and friends, attorneys, members of the media, and other interested parties may attend.
Can someone accompany me to the hearing?
Yes. Anyone may attend the Board hearings.
How do I know when a hearing will be held?
If you are a victim, you have the right to provide input during the deliberation process.
To find the status of a case, email CPBoard@atg.wa.gov orcall 360-586-0047 (desk) or 360-463-1128 (telework cell).
To offer a written comment, email or mail that to:
Clemency & Pardons Board
Office of the Attorney General
P.O. Box 40116
Olympia, WA 98504
Email: CPBoard@atg.wa.gov
When may I speak at a hearing?
The Board publishes an agenda listing all cases to be heard on that particular day. When a case is called, those in favor of the petitioner speak first. Those opposed testify afterwards.
How will I know if an inmate is being released?
The Department of Corrections' Victim Services Program provides notification of the release of offenders from prison to those who enroll for this service. Enroll online or call (800) 322-2201.
What happens at a hearing?
The Board makes recommendations to the Governor on submissions for a pardon or commutation of a sentence (Petition A). The Board is not limited to the relief requested by the petitioner.
The Board's staff will prepare a brief summary of each petition hearing and include the Board's recommendation to the Governor to grant or deny the petition. The summary will specify the type of relief recommended, if any. These summaries are promptly sent to the Office of the Governor following each hearing.
When making its recommendation, the Board will consider the impact of the crime on the victims, survivors of victims, witnesses to the crime, and the community. The Governor is not required to follow the recommendation or take any action on the petition; however, the Governor will consider the recommendation when making a final decision.
All Board hearings are recorded by a court reporter, open to the public, and are typically broadcast on the state public affairs network, TVW. You may view prior hearings on TVW.
What happens when the Governor grants a pardon?
When a pardon is granted by the Governor, the Washington State Patrol (WSP) will remove the conviction from public criminal history reporting, (RCW) 9.94A.030(11).
However, the conviction remains on a separate criminal history available to law enforcement and others entitled to non-conviction data under RCW 10.97. The Governor's Office does ask the WSP to note the fact that a pardon has been granted on this non-public criminal record.
The pardon does not automatically remove the record of the conviction from court files. It also does not grant legal authority to state that the party has never been convicted of a crime on an application for employment. You may, however, indicate that you have received a Governor's pardon.
Pursuant to RCW 9.94A.640, the vacation of a criminal record allows you to state that you have never been convicted of a crime. . This requires an application to the court that entered the conviction. To learn more, visit Washington Courts.
If you receive a pardon for a juvenile conviction, RCW 13.50.050(14)(b) provides that "the proceedings in the matter upon which the pardon has been granted shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events upon which the pardon was received."
You may wish to consult an attorney about how this applies in particular circumstances, such as criminal history inquiries made by federal authorities or other states.
Restoration of Firearms Rights
If you wish to restore your firearm rights, you should understand that there is a very complex mix of state and federal laws relating to firearms. To date, the Governor has rarely restored firearms rights.
Should gun ownership or possession be critical to your relief, it is your obligation to research and resolve any legal complexities. It may benefit you to consult an attorney. You may wish to contact the lawyer referral services of the Washington State Bar Association or the County Bar Association where you were convicted.
Why is the board staffed by the Attorney General's Office?
The Board has been established within the Office of the Governor pursuant to RCW 9.94A.880 and RCW 9.94A.885. RCW 9.94A.885(5) mandates that the Attorney General shall provide a staff as needed for the operation of the Board.
Requesting Public Records
The records of the Board are records of the Governor's Office. All public records requests should be directed to the Office of the Governor by contacting:
Tricia Smith, Director of Public Information & Records
Office of the Governor
PO Box 40002
Olympia, WA 98504-0002
Ph: (360) 902-0611
Email: publicdisclosure@gov.wa.gov
Make a public records request | Governor Jay Inslee