2954EN | December 2016 Filing a Petition for Certificate of Restoration of Opportunity Should I use this? Yes, if you have a criminal conviction history, especially one that caused you to lose an occupational license you have finished your sentence/s You plan to look for work/housing, or you want to get (back) an occupational license Read our publication called Certificate of Restoration of Opportunity (CROP) before using this packet. What forms are in this packet? You must fill out and file all of these: Petition for Certificate of Restoration of Opportunity - CRO 01.0100 Notice of Filing a Petition for Certificate of Restoration of Opportunity – CRO 01.0200 Proof of Service of Notice of Filing a Petition for Certificate of Restoration of Opportunity – CRO 01.0300 Order and Certificate of Restoration of Opportunity – CRO 01.0700 What else will I need that is not in this packet? If you cannot afford to pay the fee to file the petition, you can ask the court to reduce (lower) or waive (excuse you from paying) the filing fee. Our publication called Filing Fee Waiver has more info. Our packet called Filing for Waiver of Your Filing Fee has forms and instructions. What info will I need to fill out the forms? Before you start filling out forms, get together this info: Your criminal history Your date of release from jail/prison If you were not sentenced to jail/prison, the date of your sentencing Information about your legal financial obligations 1 2954EN | December 2016 Proof that you completed all the terms of your sentence like community service, drug rehabilitation or required classes. How do I get info about my criminal history? Use the watch.wsp.wa.gov site. It will cost $12 to use the service online. If you do not want to or cannot use the service online, it will cost $16 to mail in your request for your criminal history. How do I get info about my legal financial information? You can contact the clerk of the court in the county or city where you were convicted and ask for a printout showing what you owe what you paid You can also get a copy of your Judgement and Sentence from the Clerk. This will show what fees, fines or restitution the court ordered you to pay. How do I get info showing I completed the terms of my sentence? The information stating what you were required to do will be in your judgement and sentence. You can ask your former attorney if they have any of this info. You can also contact the agency where you completed any required treatment, community service, or classes. Will I have to go to a hearing? Maybe not. The court does not need to hold a hearing to decide whether to sign a CROP for you. The judge may do so if s/he has questions about your case. Can the court sign a CROP for convictions from other counties, or just its own? The judge can hold a hearing to decide that. The judge could also decide to only sign a CROP for convictions from its own county. A. Filling out each form 1. Petition for Certificate of Restoration of Opportunity - CRO 01.0100 Fill out the caption: County of: Put the county where you are filing this petition. Petitioner: Put your name. 2 2954EN | December 2016 Civil case no.: leave this to fill out when you file with the clerk. The clerk will assign your case a number and tell you how to fill out this blank. In the first paragraph, check the box showing what you want. If you check only these Washington state convictions or adjudications, you must fill out the table directly below. Dated: put the date you are signing this form. In the blank next to that, sign your name. Print your name where it says to. Petitioner’s Declaration: put your name in the blank next to I. 1. Qualified Court: Check the first box if you are filing this action in the county where you live. Check the second box if you are filing in a county where you were convicted but do not live. 2. Notice to Prosecuting Attorneys: Check this box only if true in your case. 3. Convictions or adjudications In this county: List the info requested for any convictions you have in the county where you are filing that you want a CROP for. If you need more room, check additional criminal history is attached and continue the list on a separate sheet of paper. Not in this county: List the info requested for any convictions you have in counties other than the one where you are filing that you want a CROP for. If you need more room, check additional criminal history is attached and continue the list on a separate sheet of paper. 4. I meet the timeline requirements as to all Washington convictions or adjudications because: If you want a CROP after finishing a sentence for a misdemeanor or gross misdemeanor, check one of the first three boxes. If you want a CROP after finishing your sentence for a Class B or C felony, check one of the next four boxes. If you want a CROP after finishing your sentence for a violent offense, check either Does Not Apply at the bottom of this page OR five years have passed and the appropriate box underneath it at the top of page 4. 5. I am in compliance with all sentencing requirements imposed by any court: 3 2954EN | December 2016 Check the first box. If it is not true for you and you cannot check it, STOP. Do not file this action. You must gather proof that you met all the requirements of your sentence like community service, treatment, or classes. Conditions of sentence: Do not make any changes to this paragraph. Legal Financial Obligations: Check the first box if you are done making payments. Check the second box if you are up-to-date with payments but not done yet. Check the third box if you have good reason not to be (done) paying. You must write out a statement explaining the good reasons you have for not paying. Examples: you are or were disabled and could not work; you received benefits like social security or welfare and could not afford to pay. You can also submit a detailed budget showing that you could not afford to pay your Legal Financial Obligations. 6, 7, & 8. Do not make any changes to these sections. “I declare under…” In the first blank, put the place you are signing this form. In the second blank, put the date you are signing. Sign where indicated. Print or type your name in the blank next to that. 2. Notice of Filing a Petition for Certificate of Restoration of Opportunity – CRO 01.0200 Fill out the caption. To: Prosecuting Attorney’s office in the following other jurisdictions: Follow the instructions for this. On: put the date you filed this action with the court. Date: Put the date you are signing this notice. Sign and print your name and put the address where it says to. 3. Proof of Service of Notice of Filing a Petition for Certificate of Restoration of Opportunity – CRO 01.0300 Fill out the caption. Whoever serves the Notice must fill out this form. You must fill out a separate Proof of Service for each Prosecutor you have served. 4 2954EN | December 2016 1. Check the box showing who served the Notice. If it is not you, the person must put their name in the blank. It should be someone age 18 or over. 2. In the first blank, put the date you or your server served the Prosecutor. In the second blank, put the Prosecutor’s county. In the third blank, put the address where you had the Prosecutor served. Check the box showing whether you had the Prosecutor served by mail (first box) or hand delivery (second box). “I declare under…” In the first blank, put the place you are signing this form. In the second blank, put the date you are signing. Sign where indicated. Print or type your name in the blank next to that. 4. Order and Certificate of Restoration of Opportunity – CRO 01.0700 Fill out the caption. 1. Hearing The judge will fill out this section. 2. & 3. Do not make any changes to these sections. 4. Petitioner meets requirements for a certificate List the info requested for all convictions you want a CROP for. 5. Petitioner does not meet requirements for a certificate Leave this for the judge. 6 & 7. Do not make any changes to these sections. Dated: LEAVE THIS FOR THE JUDGE. B. I filled out the forms. Now what? You must 1. Make copies and sets of copies 2. have a copy of the papers served on the prosecutor 3. file your papers with the court Copy your papers: Make three copies of every paper, including the proposed order and financial documents. Then make three full sets of copies of your papers: One set for you 5 2954EN | December 2016 One for the prosecutor One set of working copies, if there will be a hearing and your county requires them Working copies: If there is a hearing, local court rules may require you to deliver an extra copy of all of papers (including proposed orders) for your hearing for the judge to read. We call this set of copies Working Papers or Working Copies. To learn the rules for working papers, read local court rules and ask the court clerk. Our publication called What are Working Copies? has more info. Here is the list of court papers you will need: Petition for Certificate of Restoration Notice of Filing a Petition for Certificate of Restoration Proof of Service of Notice of Filing a Petition for Certificate of Restoration of Opportunity - Do not make copies of this form until after you have had the papers served (see below) Any other attachment you are including (any attachments to your Petition) Order (your proposed Order) Motion and Declaration for Waiver of Civil Fees and Surcharges, GR 34.0100 (if needed) GR 34 Financial Statement, GR 34.0300 (if needed) Your proposed Order Re Waiver of Civil Fees and Surcharges, WPF GR 34.0500 (if needed) How do I let the prosecutor’s office know I am filing for a CROP? You must mail or hand-deliver the prosecutor’s office a copy of everything you filed with the Superior Court Clerk. If you were sentenced in any other county in the last five years, you must also notify the prosecutors in those counties. How do I file my motion? Go to the Clerk’s office. Explain that you are filing a motion on the criminal docket AND need to schedule a hearing. Give the Clerk the set of originals for filing. Ask the Clerk to stamp your set of copies with the “Filed” stamp. Ask the Clerk how to leave a working copy for the judge. Keep your copy of your forms for your own records. 6 2954EN | December 2016 I served and filed the motion. Now what? Check your mail. The prosecutor might (but does not have to) file and mail you an answer to your motion. If s/he does, read the response so you know ahead of time what the prosecutor’s arguments are, if any. How will I know if there will be a hearing? The court should notify you. If you do not hear from the court within a week of filing, contact the court clerk or prosecutor’s office to get more info. How do I represent myself at the hearing? You must be on time for your hearing day. On your hearing day, sit down in the court room. Wait until the judge calls your case or name. This area of the law is new and still developing. At this time we cannot give more advice about how to get ready for the hearing. This publication provides general information concerning your rights and responsibilities. It is intended as a substitute for specific legal advice. This information is current as December 2016. © 2016 Northwest Justice Project — 1-888-201-1014. (Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for noncommercial purposes only.) 7 Superior Court of Washington County of Civil Case No.:_____________________ Petitioner (name of defendant or respondent in criminal or juvenile offender case) Petition for Certificate of Restoration of Opportunity (PT) vs. State of Washington, Respondent Petitioner asks the court for an order issuing a Certificate of Restoration of Opportunity that applies to all Washington state convictions or adjudications listed in Petitioner’s Declaration or only these Washington state convictions or adjudications: Court and Location Cause Number Offense/s (as listed in sentencing documents) Date of Sentence Date of Release from Confinement This petition is based upon Laws of 2016, ch. 81, §§ 2 and 3, Petitioner’s Declaration, and the relevant court records. Dated: Petitioner/ Petitioner’s Attorney/ WSBA # Print Name Pt. for Cert. of Restoration of Opportunity (PT) - Page 1 of 4 CRO 01.0100 (06/2016) Laws of 2016, ch. 81, §§ 2 and 3 Petitioner’s Declaration: I, 1. , declare as follows: Qualified Court This superior court is a qualified court because this is the county where: I reside; or I was sentenced or adjudicated on any of the convictions or adjudications for which I am seeking the certificate. 2. Notice to Prosecuting Attorney/s I provided the prosecuting attorney in this county with written notice of this petition. I was sentenced by another jurisdiction in the five years before filing this petition. I provided written notice of this petition to the prosecuting attorney office/s in each of those jurisdictions, including Washington state, federal, tribal, and courts of other states. Copies of the notices sent to each prosecuting attorney must be attached. 3. Convictions or adjudications (Notice of this petition must be given to the prosecuting attorneys for the jurisdictions listed in this section where I was sentenced within the last five years.) In this county: I was convicted or adjudicated of the following offense(s) (list most recent criminal history first) In which court? Superior / Juvenile / District / Municipal Cause Number Offense/s (as listed in sentencing documents) Additional criminal history is attached. Pt. for Cert. of Restoration of Opportunity (PT) - Page 2 of 4 CRO 01.0100 (06/2016) Laws of 2016, ch. 81, §§ 2 and 3 Date of Sentence Date of Release from Confinement (if you were confined) Not in this County: I was convicted or adjudicated of the following offense(s) in other counties in Washington state, other states, federal court, tribal courts, district courts, or municipal courts: (list most recent criminal history first) Court and Location Cause Number Offense/s (as listed in sentencing documents) Date of Sentence Date of Release from Confinement (if you were confined) Additional criminal history is attached. I qualify for a certificate because: 4. I meet the timeline requirements as to all Washington convictions or adjudications because: As to each misdemeanor or gross misdemeanor or equivalent juvenile adjudication: Does not apply. One year has passed since a Washington state court sentenced me to probation, a deferred sentence, or other noncustodial sentence. 18 months have passed since I was released from total or partial confinement in a jail, prison, or juvenile facility in Washington state. As to each Class B or C felony or equivalent juvenile adjudication: Does not apply. Two years have passed since I was: sentenced by a Washington state court to probation, a deferred sentence, or other noncustodial sentence. released from total or partial confinement in a jail, prison, or juvenile facility in Washington state. As to each violent offense as defined in RCW 9.94A.030 or an equivalent juvenile adjudication: Does not apply. Pt. for Cert. of Restoration of Opportunity (PT) - Page 3 of 4 CRO 01.0100 (06/2016) Laws of 2016, ch. 81, §§ 2 and 3 Five years have passed since I was: sentenced by a Washington state court to probation, a deferred sentence, or other noncustodial sentence. released from total or partial confinement in a jail, prison, or juvenile facility in Washington state. 5. I am in compliance with all sentencing requirements imposed by any court I am in compliance with or have completed the terms of my sentence for each offense listed in section 3, including legal financial obligations. Conditions of Sentence: I have attached the Judgment and Sentence or Adjudication Order for each conviction or adjudication and proof that I completed or that I am in compliance with the conditions. Legal Financial Obligations: I have attached evidence as to each conviction or adjudication that: I paid all of my legal financial obligations in full; or I am fully compliant with all payment plans; or I am out of compliance with a payment plan and have good cause for my noncompliance. 6. I have never been convicted of any of the following offenses: 7. A Class A felony, an attempt to commit a Class A felony. Criminal solicitation of or criminal conspiracy to commit a Class A felony. A sex offense (as defined RCW 9.94A.030). A crime that includes sexual motivation (RCW 9.94A.835, RCW 13.40.135, or RCW 9.94A.535(3)(f)). First degree extortion under RCW 9A.56.120. Drive-by shooting under RCW 9A.36.045. Vehicular assault under RCW 46.61.522(1) (a) or (b). Luring under RCW 9A.40.090. No sex offender registration I am not required to register as a sex offender pursuant to RCW 9A.44.130. 8. No new crimes I have not been arrested for nor convicted of any crime since my most recent conviction listed above and there are no criminal charges pending against me in any court of this state, or another state, or in any federal or tribal court. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at (city and state) ► Signature of Petitioner , on (date) Print or Type Name Pt. for Cert. of Restoration of Opportunity (PT) - Page 4 of 4 CRO 01.0100 (06/2016) Laws of 2016, ch. 81, §§ 2 and 3 . Superior Court of Washington County of Civil Case No.:_____________________ Petitioner (name of defendant or respondent in criminal or juvenile offender case) Notice of Filing a Petition for Certificate of Restoration of Opportunity (NT) vs. State of Washington, Respondent To: Prosecuting Attorney’s Office in this county Prosecuting Attorney’s Office in the following other jurisdictions: (List the other jurisdictions where you have been sentenced in the five years before you filed your petition.) . On (date), I filed a Petition for Certificate of Restoration of Opportunity with the court clerk in this county. Dated: ► Petitioner’s signature Print Name Address Notice of Filing a Petition for CROP (NT) - Page 1 of 1 CRO 01.0200 (06/2016) Laws of 2016, ch. 81, §§ 2 and 3 Superior Court of Washington County of Civil Case No.:_____________________ Petitioner (name of defendant or respondent in criminal or juvenile offender case) Proof of Service of Notice of Filing a Petition for Certificate of Restoration of Opportunity (AFSR) vs. State of Washington, Respondent I declare: 1. I am (check one): the Petitioner (name): and am competent to be a witness in this case. 2. On (date): , I served (gave) a copy of the Notice of Filing a Petition for Certificate of Restoration of Opportunity to the Prosecuting Attorney’s Office in (county): at the following address: address city state zip by: mail personal delivery at ____________ (time). I declare under penalty of perjury under the laws of the state of Washington that the statements on this form are true. Signed at (city and state): Signature of server Date: Print or type name of server Proof of Service of Nt of Filing a Pt for CROP (AFSR) - Page 1 of 1 CRO 01.0300 (06/2016) Laws of 2016, ch. 81, §§ 2 and 3 Superior Court of Washington County of Civil Case No.:_____________________ Petitioner (name of defendant or respondent in criminal or juvenile offender case) Order and Certificate of Restoration of Opportunity (ORCROP) vs. Clerk’s Action Required: section 7 State of Washington, Respondent The court reviewed the Petition for Certificate of Restoration of Opportunity with attachments, the criminal history provided by the prosecuting attorney, and pleadings filed by the prosecuting attorney/s, if any. Findings: 1. Hearing The court determined that a hearing was: not necessary. necessary. A hearing on the petition was held on (date) ________________ at (time) _______________, at (location) ______________________________. The following persons appeared at the hearing Petitioner Petitioner’s attorney Deputy Prosecuting attorney for Prosecuting attorney for 2. Qualified Court This superior court is qualified to consider the petition. Order and Cert. of Restoration of Opportunity (ORCROP) - Page 1 of 3 CRO 01.0700 (06/2016) Laws of 2016, ch. 81, §§ 2 and 3 3. Notice The prosecuting attorney in this county and in any other jurisdiction, which sentenced the petitioner within the last five years, was/were served with written notice of this petition. 4. Petitioner meets requirements for a certificate The petitioner meets all of the requirements for a Certificate of Restoration of Opportunity as to the convictions or adjudications listed below. Court and Location 5. PCN No. Cause Number Offense/s (as listed in sentencing documents) Date of Sentence Date of Release from Confinement Petitioner does not meet requirements for a certificate Does not apply. Petitioner meets the requirement for all convictions and adjudications for which petitioner requested a certificate. The petitioner meets the requirements for some convictions and adjudications as listed in 4 but does not meet all of the requirements for a Certificate of Restoration of Opportunity as to the convictions or adjudications listed below. Court and Location PCN No. Cause Number Offense/s (as listed in sentencing documents) Order. The court: Order and Cert. of Restoration of Opportunity (ORCROP) - Page 2 of 3 CRO 01.0700 (06/2016) Laws of 2016, ch. 81, §§ 2 and 3 Date of Sentence Date of Release from Confinement 6. Grants the petition and issues a Certificate of Restoration of Opportunity that applies to the convictions or adjudications listed in section 4. This certificate does not apply to any convictions or adjudications listed in section 5 or to any future criminal justice involvement that occurs after this date. 7. Dated: The clerk of the court shall transmit this Order and Certificate of Restoration of Opportunity to the Washington State Patrol identification section. ► Judge/Commissioner What this order and certificate does: This certificate removes some statutory barriers to obtaining occupational licenses and employment based on your criminal history. What this order and certificate does not do: This order does not change the conditions of sentence in the criminal cases listed. This certificate does not restore firearm rights; is not a means to restore firearm rights or eligibility to obtain a firearm dealers license; does not require the removal of any protection orders; and does not vacate any conviction under RCW 9.94A.640 or RCW 9.96.060. Order and Cert. of Restoration of Opportunity (ORCROP) - Page 3 of 3 CRO 01.0700 (06/2016) Laws of 2016, ch. 81, §§ 2 and 3
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