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Having a conviction on your record, even one for something as small as misdemeanor pot possession, can really put a lot of hurdles in your life that you'll have to get over.

Lawmaker wants to toss out Washington's misdemeanor pot convictions

BY Chris Sullivan  on February 20, 2013 @ 5:52 am (Updated: 8:16 am - 2/20/13 )

When voters legalized marijuana in November, prosecutors around the state started to throw out all the misdemeanor possession cases on their desks. That got one lawmaker thinking about all the misdemeanor possession convictions the state had racked-up and whether they should be tossed out too.

Having a conviction on your record, even one for something as small as misdemeanor pot possession, can really put a lot of hurdles in your life that you'll have to get over.

Now that marijuana possession is legal, state representative Joe Fitzgibbon thinks it's time to give those convicted of possession a chance to clear their records.

"Maybe we should find a way to help them start over so they don't have this conviction on their record every time they go to apply for a job, or for housing or for eduction," he said.

Fitzgibbon is sponsoring a bill in Olympia that would allow all misdemeanor pot possession convictions to be thrown out.

"Misdemeanor marijuana convictions are something that the people of Washington don't think should be a crime anymore," Rep. Fitzgibbon said. "This is about giving people a second chance. That's the state's interest."

All a person would have to do under Fitzgibbon's bill is go to a judge and ask for their conviction to be wiped from their record. It would work for those that were convicted and even those who pleaded guilty.

"There's thousands of people out there who this is going to impact in a positive way," said Fitzgibbon.

To give you a little perspective on how many people this would help, Fitzgibbon said there were more than 19,000 misdemeanor possession convictions in Washington in just the last five years.

Chris Sullivan, KIRO Radio Reporter
Chris loves the rush of covering breaking news and works hard to try to make sense of it all while telling stories about real people in extraordinary circumstances.
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Comments (33)


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  • murr wrote...
    Yea Yea Yea
    February 20, 2013 6:19 am
    Just toss it out like it was not crime. Like undocumented, guns, immigrants, DIMOCRATS.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • shark75 wrote...
    A crime was commited. Read: They broke the law.
    February 20, 2013 7:15 am
    But they vote for democrats, so all is good.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • CldWtrSrf wrote...
    We, as Americans, have a DUTY
    February 20, 2013 8:55 am
    To disregard and nullify UNCONSTITUTIONAL "Laws". You like the Constitution right shark75? I mean, I have seen you screaming about the Liberals and the 2nd Amendment. So it would stand to reason that you would be against Unconstitutional "laws" right? All drug laws are Unconstitutional. You can't have it both ways buddy.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • bigdogina4x4 wrote...
    cldwtrsrf
    February 20, 2013 11:29 am
    I am curiuos, can you inform me what part of the US Constitution limits government from making drug use illegal?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • CldWtrSrf wrote...
    bigdog...
    February 25, 2013 12:50 pm
    That would be the 10th Amendment.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • BikerDude wrote...
    It was a CRIME at the time
    February 20, 2013 7:48 am
    So they should be held to that crime and pay up. Murr.... Love the DIMOCRATS comment.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Cbrew wrote...
    Why not?
    February 20, 2013 8:00 am
    Say you're a 18-19 year old and you get caught smoking weed... say while you're in college, and now after these kids have matured and are 23-24 years old college grads etc. they can't get work because they were convicted of a crime... how does that make sense, how does that help our society? Sometimes you Conservatives take moral stands on things that don't make sense... I'm no liberal, but i see the sense in doing this... Smoking Pot never should have been a crime, it was a bunch of idiots (Reagan) that decided to crack down on this stuff and honestly it was a mistake, I'm not pot head, never even smoked it, but I know plenty of people who have or do and I'm much more terrified of a drunk than a pot head.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • shark75 wrote...
    Cbrew, I think a potential employer would be interested in the fact that they broke the law.
    February 20, 2013 8:18 am
    It doesn't matter about what is legal now. You're criminal history says something about your character. I for one (and this will come as no shock to you) would find it very revealing if I was looking at a candidate's criminal history and saw they they were convicted of pot possesion. Same as opium, that is "au naturale"...No?
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  • Cbrew wrote...
    Shark75... Why?
    February 20, 2013 9:50 am
    Why would the employer need to know that a kid in his late teens smoked a joint and got caught? Why should that matter? Especially since it's no longer even against the law. Do you know, do you really have a CLUE how many people have smoked weed? How many have broken the law and not gotten caught... I bet you over half of people have used a drug that has been or is illegal, not to mention those who abuse perscription pain medicine etc. There's literally no point in holding these stupid things against people for the rest of their lives, unless you're so stupid and uneducated about the real world to the point that you think a kid smoking pot in his late teens or early 20's automatically makes this person a bad choice for employment... See i view people like you as just so ignorant of the real world that you really don't deserve to speak on a topic like this.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • shark75 wrote...
    I know democrats love to rewrite history.
    February 20, 2013 10:26 am
    But a criminal record is just that, a record. Just because something changes in the future does not mean that the event didn't occur. Therefore, if its not such a big deal, then it should be an easy explanation when in a job interview. "Oh that conviction was ancient history man, besides the pig was being a dick and that law was so unconstitutional so I was exercising my rights to smoke weed, dude."
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Cbrew wrote...
    shark75 - I wish everyone could see your history
    February 20, 2013 10:37 am
    You're probably a terrible person with all sorts of demons in your closet. You're a moron and i bet all sorts of people you know have smoked weed in their past, I bet people you care about, people you look up to, people you hold up as examples have done stupid things like this when they were younger and you're such a moron with your stupid head in the sand that you've got no idea... I guarantee you're a fackin fraud... but go ahead and keep throwing stones in your glass house you idiot... nobody takes you seriously anyway you stupid windbag.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • shark75 wrote...
    Thank you Cbrew. Those are compliments coming from you.
    February 20, 2013 10:58 am
    Like I said, if its so not a big deal since its legal now then why not leave it on the record. After all, its kinda presidential to smoke dope these days. The only thing i can think of is that employers typically like to avoid bringing stoners onboard. Can your clogged pot brain get around that one? What's next? Pardons for convicted drug dealers and traffickers? It's just an herb right? They needed it for their glaucoma right? It was for their dear mother who had cancer right? None if us are that stupid.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Cbrew wrote...
    Shark you're so ignorant and hypocritical
    February 20, 2013 12:56 pm
    I guarantee you were sitting here saying that if the Government banned Guns you'd keep yours and to heck with what the Government said, yet if they did pass a law like that, and you were caught and arrested you would have a criminal record and for the rest of your life you would be a criminal in the eyes of your employers... tell me moron... how happy would you be? Point is youre a hypocrite, other people have believed for many years that the Marijuana laws are unjust and have ignored them, just like you would ignore a gun ban calling it unjust... (I would too) but you in favor of having their record stick with them forever but would be staunchly supportive of having gun violations removed from your record if you were caught disobeying a law you disagreed with, Typical hypocritical highhorse moron.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • shark75 wrote...
    Last I checked I have the freedom to bear arms
    February 20, 2013 2:28 pm
    Not pretend to have glaucoma so I can smoke a plant. The government outlawed it. It was illegal. Those who got caught and convicted have that on their record. They knew at the time that they were breaking the law. Who's ignorant. You're arguing about your constitutional right to smoke dope. I'm surprised I'm taking the time to argue with your stoner a.ss. I'm not doctor but I'd say you're on something other than pot with your these constitutional rights you're pulling out of the air LOL. Cherrio...
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Cbrew wrote...
    Shark75 - You're an idiot
    February 20, 2013 2:35 pm
    and i've never smoked weed in my life, I know many people who have, many who are registered Republicans in fact... You're just ignorant is the problem, you're so facking ignorant it's incredible... I sincerely hope you fall on something sharp because the world doesn't need your kind of bull headed ignorance in it.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • shark75 wrote...
    And no, gun owners like me do have weapons charges on our records
    February 20, 2013 2:36 pm
    Because we follow the law. We go buy permits, get background checks etc. You know, a gun in your pocket without a permit is like pot in your pocket. It's illegal. Back to weapons violations - go talk to your dope smoking gangsta thug brothers about weapons charges on their record. It's usually pot that accompanies illegal weapons on people....go watch an episode of COPS, you'll see. ;)
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • shark75 wrote...
    I meant DON'T have weapons charges on our records
    February 20, 2013 2:37 pm
    Typing too fast.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Cbrew wrote...
    My dope smoking gangsta brothers?
    February 20, 2013 3:03 pm
    AHAHAHAHA! yep you just proved how ignorant you are. I'm a White kid that grew up in the sticks, I'm about as much of a "gangsta thug" as you are you ignorant piece of trash. The reason you don't know what the fack you're talking about is you've never lived in the real world, you watch people on Cops and think that's what society is like everywhere. Kids from every walk of life experiment with Marijuana either in Highschool or College and most of them just try it for a while and never do it again, just like drinking or anything like that, then they grow up and they don't do that kind of crap anymore and it is what it is they grow up become productive members of society, you're sitting here saying that if some of those kids from the burbs even from extremely wealthy families that tried weed in college and got caught, those kids should be shackled to that for the rest of their lives even though they were using a drug that is weaker than alcohol and that drug is no longer even illegal to use. That's absolutely arrogant, and absolutely ignorant of you... Congrats on being a person that grew up never trying any drugs or whatever, I never tried them either, but i know Dozens of people that do/have, many are very intelligence hard working people guess what they're even more successful than you are... and they aren't criminals like you suggest, are you really that ignorant lol, where do you live you sound like the dumbest person... like you never lived outside in the real world. You're pathetic.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • crafty_lexi wrote...
    It's the nature of law....
    February 20, 2013 8:21 am
    The law(s) in place at the time of the activity are what are used in determining whether or not charges are filed. Typically, this is thought to mean new laws can't be applied retroactively. I will be surprised if this is allowed as it creates a slippery slope of "if this law can be applied retroactively, which one is next?" That is a dangerous precedent.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • WAmovesRight wrote...
    I understand from a sympathy point of view...
    February 20, 2013 8:56 am
    ... but I also get that you did commit a crime.. knowingly broke the law.

    That said, If the ONLY conviction on a person's record is a misdemeanor pot possession... they will likely not have much trouble finding a job. Sure certain fields are restricted because they are especially sensitive to criminal backgrounds. As one poster said, it does reveal character.

    Rough man, I could go either way...

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • mnpat wrote...
    ""Misdemeanor marijuana convictions are something that the people of Washington don't think should be a crime anymore," Rep. Fitzgibbon said. "
    February 20, 2013 9:15 am
    That the majority of voters felt should not be a crime anymore, not all the voters in Wa and not for all people who were busted for possesion before.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • fartforce1 wrote...
    Will Of The People.
    February 20, 2013 9:35 am
    Just because you stang against the majority does not make the law wrong. Laws are changed all the time because they are bad laws. Laws are not followed all the time because they are outdated or absurd. Just because somehtign is against the law does not make it wrong.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • HLC wrote...
    Knowingly the law shows to your character.
    February 20, 2013 11:05 am
    If you broke that law willingly how many others have you or will you break? Thats what an employer is looking at.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Oly80 wrote...
    okay...sure...
    February 20, 2013 11:21 am
    BUT...

    there should be some parameters. for instance:

    if they have a bunch or priors for other crimes, they stay in prison.

    if their crime includes ANY gang relation, they stay in prison.

    maybe more, i'm not sure. but i'm thinking those would be good parameters to stay within.

    yes, they did a crime when it was a crime. i agree. BUT, it also WASTES a LOT of tax dollars keeping these simple pot smokers and such in prison. which do you care about more? PLUS, if the things i suggested are put into action, the undesirables will stay in prison and the regular work a day pot smokers can go back to doing the menial tasks they do to earn a paycheck, thus moving the economy forward, or whatever. it just makes sense to not keep paying to lock up people who harm NO ONE.

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