Seattle Will Vacate Misdemeanor Marijuana Convictions

SEATTLE, WA - Up to 600 people could see their misdemeanor marijuana possession convictions vacated under an initiative by Mayor Jenny Durkan and City Attorney Pete Holmes. City officials said Thursday they would seek a blanket motion to vacate sentences handed down in Seattle Municipal Court between about 1997 and 2009.

The federal drug war and sentencing disparities between whites and minorities are two main reasons the city is seeking to vacate the sentences, officials said. Recreational marijuana became almost entirely legal in Washington in 2012. Prior to 2012, Holmes had not been prosecuting misdemeanor possession cases. Still, an old conviction can prevent people from getting jobs, apartments, or loans.

"The war on drugs was more of a war on people who needed help," Durkan said Thursday at the Rainier Community Center in Columbia City. Statewide, Durkan said, blacks were arrested for possession three times more than whites.

City officials aim to set up a web portal to provide information for people who qualify for a conviction vacation. Holmes said the portal might be ready within a week.

Holmes and Durkan have spoken to Seattle Municipal Court Presiding Judge Karen Donohue about the effort. Durkan said Donohue is in favor of vacating the old convictions.

The Seattle Municipal Court handles misdemeanor and gross misdemeanor cases with punishments up to one year in jail and a $5,000 fine. Felony marijuana cases are handled by county and state courts. Convictions before 1997 are out of Seattle's jurisdiction, Holmes said, because the county handled misdemeanor cases before year.

Holmes said he has been in touch with King County Prosecutor Dan Satterberg about a county-wide effort. The city has also approached Attorney General Bob Ferguson about a statewide effort.

The San Francisco prosecuting attorney on Jan. 31 announced he would seek to vacate misdemeanor and felony marijuana possession convictions. Durkan said Seattle's plan has been in the works since before the San Francisco announcement.

Image courtesy Seattle police