Washington Reentry GuideCopyright 2018 by Washington Appleseed
Printed in the United States of America
ISBN:
Cover image by Davide Bonazzi
Book design by Side x Side Creative

ABOUT THE AUTHOR
Washington Appleseed works to address social and economic problems in our state by developing new public
policy initiatives, challenging unjust laws, and helping people better understand and fully exercise their rights.
We believe that by engaging both volunteer lawyers and community partners in these eﬀorts, we better identify
systemic problems, outline potential solutions, and achieve eﬀective and lasting social change.

DISCLAIMER
The Washington Reentry Guide provides general legal information, but not legal advice. No attorney-client
relationship is created by using any information in this guide. You should always consult your own attorney if
you need legal advice specific to your situation. For more help, see the “Need a Lawyer?” section below.
All information in the print version of this publication is current as of December 2017. While we haveattempted to provide the most current information possible, laws change frequently and the information inthis publication may not always be up to date. It is always your responsibility to be sure that the law has notchanged and applies to your particular situation. The most current version of this guide will always be onlineat www.wareentryguide.org.

A MESSAGE FROM THE EXECUTIVE DIRECTOR
The Washington Appleseed Center for Law in the Public Interest is pleased to offer this guidebook as a tool
to help you get back on your feet after a period of incarceration. We know that knowledge is power, and wehope the information in these pages will help you navigate the numerous systems you will encounter in yourlife post-prison.
This guidebook contains legal information on sixteen different topics related to coming home: from finding
employment, to securing housing, continuing your education, figuring out how to get around, and much more.
While it is impossible to cover every individual circumstance, we included answers to the most frequently asked
questions in each topic and organized the content in a question and answer format.
Our hope is that you will be able to easily locate information related to your most pressing needs and that you
will be pointed in the right direction on your next step to take. The guidebook is designed for you to get the
information you need, when you need it. In other words, you are free to skip around to the topics that are most
relevant to your circumstances and then come back to the guidebook when you need more information.
Washington Appleseed recognizes that the information contained in this guidebook reflects a system that all
too often sets returning citizens up for failure rather than success. With one in three people returning to prisonin the first three years after getting out, systemic reform must be a priority, and we are supporting efforts topromote new policies that will give people like you a clean slate. While we fight alongside others to make thosechanges a reality, we hope this guidebook will help you navigate the current system more easily.
We have also included stories of men and women who have gone before you. We hope their wisdom andexperience will serve as real-life guides for what you may experience.
You are our most important teacher. We need you to help us improve this publication. Please write to us or callour office to let us know what you liked, to share ideas for additional topics, or to tell us what is missing.
Washington Appleseed and the many, many volunteers who made this guidebook possible believe in yoursuccess. Let us be one of the first to welcome you back home.

Warmly,Angeline Thomas
Executive Director, Washington Appleseed

Write to us at:
Washington Appleseed
P.O. Box 1111
Seattle, WA 98108
Submit feedback electronically on our website: www.wareentryguide.org
Call us:(415) 95-APPLE / (415) 952-7753*NOTE: We are unable to accept collect calls at this time.

NEED A LAWYER?
While the Washington Reentry Guide attempts to address many of the common legal issues facing returning citizens,
there may come a time when you need an attorney of your own. If you need a lawyer and don’t know how to find one,here are a few places to start:• Low-income people living outside of King County can call the CLEAR hotline, which is operated by the Northwest
Justice Project. CLEAR is open on weekdays from 9:15 a.m. to 12:15 p.m. If you need it, CLEAR can also provide
language interpretation at no cost to you.
Phone: (888) 201-1014
Website: https://nwjustice.org/apply-online• Low-income people living in King County can call the Washington Information Network by dialing 2-1-1 on
weekdays from 8:00 a.m. to 6:00 p.m. to be referred to an appropriate legal services provider. If you need it, 211 canalso provide language interpretation at no cost to you.
• People who are at least 60 years old living anywhere in Washington state, regardless of their income, can call
CLEAR*Sr. People who call CLEAR*Sr will be asked to leave a voicemail and wait for a call back. Low-income
seniors who are eligible may also call the regular CLEAR hotline.
Phone: (888) 387-7111
I f you do not qualify for legal assistance because you are not low-income, you may need to find your own attorney. If
you don’t know where to find one, you can use one of the lawyer referral services listed below:
King County Bar Association Lawyer Referral
Phone: (206) 267-7010
Email: LRS@KCBA.org
Website: www.kcba.org/For-the-Public/Hire-a-Lawyer. You can also fill out the online form at
www.kcba.org/For-the-Public/Hire-a-Lawyer/LRS-Request-Form
Southwest Washington Lawyer Referral
Phone: (360) 695-0599
Email: LRS@ccbawashington.org
Website: www.ccbawashington.org/community-resources/southwest-washington-lawyer-referral
Lewis County Bar Legal Aid
Phone: (360) 748-0430
Website: http://thelcbla.org/
Snohomish County Bar Association Lawyer Referral Service
Phone: (425) 388-3018
Website (with online form): www.snobar.org/LRS/lrsform.html
Spokane County Bar Association
Website (with online form): www.spokanebar.org/online-referral-service/
Tacoma-Pierce County Bar Association
Phone: (253) 383-3432
Website: www.tpcba.com/public/lawyer-referral-service/4

Washington Reentry Guide•

If you still need help, the following publications on how to find a lawyer may be useful:◦◦ How to Find a Lawyer and Other Legal Resources in Washington State, Legal Voice,www.legalvoice.org/how-to-find-a-lawyer◦◦ Get Legal Help, Northwest Justice Project, https://nwjustice.org/get-legal-help• inally, Washington LawHelp has information on a wide range of common legal issues.
F
Visit www.washingtonlawhelp.org/ to learn more.

VIEW THIS GUIDE ONLINE!
We recognize that if you are reading a print copy of this Guide, there will be manyreferences to web-based resources that you may not be able to access while you areincarcerated. We have included those references for completeness and so that you knowwhat resources are available in case you want to ask a friend or family member to looksomething up for you.
When you are released, you can find the entire Washington Reentry Guide online atwww.wareentryguide.org. The online version will be updated in real time and will always
have the most current version of this information.

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Table of Contents
Chapter 1: Criminal Records and Background Checks........................................................15
1. What is in a background check?...........................................................................................................................................................................16
2. Who might order a background check on me?..................................................................................................................................................16
3. How does someone get background check information?................................................................................................................................16
4. What is the source of the criminal history information that is found in a background check?.................................................................... 17
5. Can a background check include very old criminal history information?....................................................................................................... 17
6. Can I obtain my own criminal history report?.................................................................................................................................................... 17
7. Can I clear my criminal record?............................................................................................................................................................................18
8. How do I remove an out-of-state conviction from my criminal history?....................................................................................................... 23
9. How do I get off the sex offender registry?....................................................................................................................................................... 23

Voices of Reentry: Sherry.........................................................................................................................29

Chapter 2: Debt................................................................................................................... 31
1. What types of debt and financial obligations might I have?............................................................................................................................ 32
2. Can falling behind on my debt or financial obligations send me back to jail or prison?............................................................................. 32
3. What types of debt might I have? How do I find out how much I owe?......................................................................................................... 32
4. What is a credit report? What is the impact of my credit rating?.................................................................................................................. 33
5. How can being incarcerated affect my credit rating?...................................................................................................................................... 34
6. Are there some debts which I should pay before other ones? Which ones?................................................................................................. 35
7. Can collection agencies collect debt from me while I am incarcerated?....................................................................................................... 37
8. What are the first things I should do about debt while incarcerated?........................................................................................................... 37
9. What can I do while in custody to minimize the negative effects of my debt?............................................................................................ 37
10. What can I do about traffic tickets or other non-criminal fines that accumulate while I am in custody?................................................ 38
11. What happens to the funds I earn while incarcerated or on work release?.................................................................................................. 38
12. What happens to my bank account while I am incarcerated?....................................................................................................................... 38
13. How do I use my bank account while incarcerated?....................................................................................................................................... 39
14. What can I do when I am first released to best manage my debt?...............................................................................................................40
15. When a collection agency contacts me, what are they required to say?.....................................................................................................40
16. Can I stop collection agencies from contacting me? How do I do that?......................................................................................................40
17. Can a collection agency contact other people about my debt?.....................................................................................................................41
18. Can a collection agency contact me at any time of the day?.........................................................................................................................41
19. What if I think I do not owe the debt the collection agency is claiming I do? .............................................................................................41
20. Are there any debts that cannot be collected?...............................................................................................................................................41
21. Are there types of property or income which are protected from collection agencies? Which ones?..................................................... 42
22. What are some examples of things collection agencies cannot do to collect a debt from me?............................................................... 42
23. What should I do if I think a collection agency is violating the law?........................................................................................................... 43
24. What do I do if I am being sued for debt collection?..................................................................................................................................... 43

Voices of Reentry: Durrell.........................................................................................................................49

Chapter 3: Education and Loans.........................................................................................51
1. What educational opportunities are available while I am incarcerated?....................................................................................................... 52
2. How can I pay for educational opportunities while I am incarcerated?.........................................................................................................54
3. What documentation do I need of education completed while incarcerated?.............................................................................................54

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4. What if I was previously enrolled in higher education and owe student loans while I am in prison or jail?............................................. 55
5. What can I do while incarcerated to prepare for schooling and financial aid after release?...................................................................... 57
6. What are my education options when I am released? Are there programs or
schools are aimed at people who are exiting jail or prison? .......................................................................................................................... 57
7. How will my incarceration affect my ability to go to school post-release?................................................................................................... 58
8. How can I pay for educational opportunities after I am released?................................................................................................................. 58
9. How does my conviction history affect my ability to get financial aid to help pay for school? .................................................................61

Voices of Reentry: Mary Jo....................................................................................................................... 67

Chapter 4: Employment..................................................................................................... 69
1. What are my employment options when I am released?.................................................................................................................................70
2. Will my conviction impact my ability to work in some jobs?..........................................................................................................................70
3. What can I do to prepare for the job hunt while still in custody?3 ..................................................................................................................71
4. Where can I look for job listings?....................................................................................................................................................................... 72
5. How can I find the employers that are most accepting of those with criminal records?............................................................................. 73
6. What other types of job searching assistance are available to me? .............................................................................................................. 74
7. What job training options are available to me while still in custody? ........................................................................................................... 74
8. How do I apply for a job upon release?.............................................................................................................................................................. 74
9. What types of questions can an employer ask me about my criminal history?............................................................................................ 74
10. How should I answer questions on a job application about my criminal record?....................................................................................... 75
11. Should I give more information than the employer asks for?......................................................................................................................... 75
12. What do I say about vacated or sealed cases?................................................................................................................................................ 76
13. Can I submit documentation to show that I am rehabilitated since a conviction? ..................................................................................... 76
14. Do I have a right to know whether an employer is doing a background check on me?............................................................................. 76
15. What’s included in an employee background check?..................................................................................................................................... 76
16. What kinds of information are CRAs prevented from including in their background check reports?...................................................... 77
18. How should I respond to an employer who plans not to hire me as a result of information in my background check?........................ 77
19. Do I have a right to know if an employer has denied me employment based on my background report?.............................................. 77
20. How can I remove or change incorrect information from a background report?....................................................................................... 78
21. What must a CRA do when I ask for it to correct information from my background report?.................................................................... 78
22. What can I do if the CRA or the employer does not follow the law regarding my background check?.................................................. 78
23. Can an employer refuse to hire me because of my criminal history?........................................................................................................... 79
24. How old of a conviction can an employer use to deny me employment? ..................................................................................................80
25. Can an employer deny me employment because of an arrest?....................................................................................................................80
26. Can an employer deny me employment based on poor credit?...................................................................................................................80
27. What can I do, or where can I go, if I’m turned down from employment because of my criminal history?.............................................80
28. Can I get unemployment benefits while I look for a job immediately after release? .................................................................................81
29. Can I do anything to encourage an employer to hire someone with a criminal record?............................................................................81
30. What reasons related to my criminal record can get me fired?.................................................................................................................... 82
31. Can I be fired for an arrest that does not result in a conviction?................................................................................................................... 82
32. What is an employer allowed to disclose about my criminal history to coworkers, future employers, and others?............................. 82
33. If I lose my job, how can I get unemployment benefits?............................................................................................................................... 82
34. Can my criminal record or incarceration affect unemployment benefits?.................................................................................................. 83
35. What can I do if I feel I was wrongly denied unemployment benefits?....................................................................................................... 83

Voices of Reentry: Kyrrah.........................................................................................................................89

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Table of Contents

Chapter 5: Family Law: Child Support................................................................................91
1. What is child support?.......................................................................................................................................................................................... 93
2. How does a child support case start?.................................................................................................................................................................94
3. Who is a “parent” of a child?...............................................................................................................................................................................94
4. How can I dispute paternity?.............................................................................................................................................................................. 95
5. How is a child support order established?......................................................................................................................................................... 95
6. How are child support amounts determined?...................................................................................................................................................96
7. How does DCS enforce a child support order?..................................................................................................................................................96
8. What happens to my child support obligation while I am in prison?.............................................................................................................96
9. Does DCS enforce my support obligation while I am incarcerated?.............................................................................................................. 97
10. Can the State deduct funds from my prisoner trust account or work program earnings to pay for child support obligations? ......... 97
11. What should I do if I am served legal papers concerning child support while I am incarcerated?............................................................ 97
12. What do I do if I can’t respond before the deadline to the paperwork I received?....................................................................................98
13. How do I participate in a child support hearing if I am incarcerated? .........................................................................................................98
14. Do I have a right to free legal help at child support hearings?......................................................................................................................99
15. Can I change my child support order because I am incarcerated?...............................................................................................................99
16. What should I do about child support once I am released?......................................................................................................................... 100
17. If my child support order was modified during incarceration, what will happen to my support obligations once I am released? .... 100
18. What happens once I go back to work?.......................................................................................................................................................... 101
19. What if I can’t find work after I am released?................................................................................................................................................. 101
20. W
 hat do I do if I receive notice that the Division of Child Support (DCS)
is trying to get my license suspended because I am behind on my child support payments?................................................................ 101
21. What resources exist to help me deal with my child support obligation?................................................................................................. 102
22. What can I do about child support debt from before I went to prison, or debt that accrued while I was in prison?........................... 102
23. What if I was the custodial parent before I was incarcerated? What happens to the child support I was receiving?......................... 103
24. What can I do if I disagree with an action taken by the Division of Child Support (DCS)?..................................................................... 103

Voices of Reentry: Karol......................................................................................................................... 109

Chapter 6: Family Law: Custody, Visitation, and Parental Rights .................................... 111
1. What happens to my child when I go to prison?...............................................................................................................................................113
2. What is a parenting plan?....................................................................................................................................................................................115
3. Where can I find my parenting plan?.................................................................................................................................................................115
4. What do I need to consider before getting a parenting plan? ...................................................................................................................... 116
5. How can I get a parenting plan if I don’t have one?........................................................................................................................................ 116
6. What if I cannot comply with my parenting plan because I am incarcerated?.............................................................................................117
7. What is a parenting plan modification? How do I respond to a petition to modify my parenting plan?...................................................117
8. What is a dependency action and when can a dependency action be initiated against me? How do I respond?.................................. 118
9. What should I expect during the dependency process?................................................................................................................................. 118
10. Can I lose my parental rights forever? ............................................................................................................................................................ 119
11. Do I have a right to an attorney to help me with custody and visitation issues?........................................................................................ 119
12. Can I get custody of my children while I am incarcerated?.......................................................................................................................... 120
13. Can my children visit me while I am incarcerated?....................................................................................................................................... 120
14. Do I have the right to attend custody and visitation court hearings?........................................................................................................ 120
15. What are the best things I can do while still incarcerated to ensure I can get or retain custodyor visitation with my child after I am released?............................................................................................................................................. 120
16. Can I get or regain custody of my children when I am released? How do I do this?...................................................................................121
17. How can my conviction record affect future custody and visitation judgements?....................................................................................122

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Washington Reentry Guide

18. How does it affect my custody and visitation rights if the other parent or my child has a protection order against me?...................123
19. Once I am released, can the other parent refuse to comply with the parenting plan that existed before I was incarcerated?...........123
20. What can I do if my child’s other parent refuses to comply with the parenting plan?.............................................................................123

Voices of Reentry: Derek.........................................................................................................................127

Chapter 7: Getting Or Reinstating Your Driver's License.................................................129
1. Can I start the process to get my driver’s license while I am incarcerated?................................................................................................. 130
2. How do I get a new Washington State driver’s license?..................................................................................................................................131
3. How do I find out the status of my Washington State driver’s license?........................................................................................................132
4. My license has expired. How do I renew it?......................................................................................................................................................132
5. My license has been suspended. What do I do now? .....................................................................................................................................133
6. How much does it cost to reinstate my Washington State driver’s license?................................................................................................135
7. W
 hat do I do if my license is suspended or revoked but I absolutely need to drive in order to get to a job,a treatment program or some other vital appointment?................................................................................................................................135
8. What if my driver’s license is suspended in another state?31........................................................................................................................137

Voices of Reentry: David......................................................................................................................... 141

Chapter 8: Healthcare Benefits.........................................................................................143
1. What is health insurance?....................................................................................................................................................................................145
2. How does health insurance work? ....................................................................................................................................................................145
3. If I have health insurance, how much will I have to pay?................................................................................................................................147
4. What is the Affordable Care Act and how does it affect my health care?................................................................................................... 148
5. Can I keep the health insurance I had while in prison once I am released?................................................................................................. 148
6. What differences are there between my old prison health care and the health care I can get once I am released?............................. 148
7. Can I get the health insurance I had before I was in prison?.......................................................................................................................... 148
8. Can Department of Corrections Staff help me apply for new coverage for when I am released?............................................................ 149
9. How does the process work?............................................................................................................................................................................. 149
10. What can I do if my application is denied?.................................................................................................................................................... 150
11. What can I do if DOC staff cannot help me apply for Apple Health?........................................................................................................... 150
12. What else should I do to prepare for a smooth transition?.......................................................................................................................... 150
13. How can I apply for health coverage after I am out of prison?.................................................................................................................... 150
14. What is Medicaid/Apple Health? ......................................................................................................................................................................151
15. How do I sign up for Apple Health? ..................................................................................................................................................................151
16. What does Apple Health cover?.......................................................................................................................................................................152
17. Can I get help with treatments for addiction or substance abuse through Apple Health?.......................................................................152
18. Does Apple Health cover mental health services?.........................................................................................................................................152
19. What happens once I’ve signed up for Apple Health and been accepted?................................................................................................152
20. How do I report changes to my income and household size?......................................................................................................................152
21. What kinds of plans other than Apple Health can be found on Washington Healthplanfinder?..............................................................153
22. How much will Qualified Health Plan insurance cost if I don’t have Apple Health?..................................................................................153
23. Can I get help with paying for my Qualified Health Plan insurance?..........................................................................................................153
24. When does my Qualified Health Plan coverage start?..................................................................................................................................154
25. Will my Qualified Health Plan insurance cover treatment for substance abuse or addiction?................................................................154
26. Will my Qualified Health Plan insurance cover mental health treatment?.................................................................................................154
27. Can I get health insurance from my employer? .............................................................................................................................................154
28. What happens if I don’t have health insurance?............................................................................................................................................155

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29. How do I avoid paying the penalty?................................................................................................................................................................155
30. What other resources should I consider for getting access to health care services?...............................................................................155
31. What is an insurance card and what do I do with it?.....................................................................................................................................156
32. How do I replace a lost insurance card?..........................................................................................................................................................156
33. How do I get medicine?....................................................................................................................................................................................156
34. What do I do if I can’t pay a bill?.....................................................................................................................................................................156
35. How can I get help with paying for a medical bill?........................................................................................................................................157
36. What if I have a medical emergency and do not have health insurance?...................................................................................................158
37. How do I make a doctor’s appointment?........................................................................................................................................................158
38. How do I prepare for a doctor’s appointment?.............................................................................................................................................159
39. How do I obtain medical records once I am out of prison?..........................................................................................................................159
40. How do I find a mental health, addiction or substance abuse treatment program?................................................................................159

Voices of Reentry: Charles..................................................................................................................... 165

Chapter 9: Housing............................................................................................................167
1. Do I need to find housing before I get out of custody? What assistance is available to help me find housing while still in custody?.168
2. What if I am homeless when I am released? ....................................................................................................................................................168
3. Where will I be released? Do I need housing in that county?........................................................................................................................168
4. Does my criminal conviction limit where I can live?........................................................................................................................................169
5. What are my housing options when I first get out of custody?.....................................................................................................................169
6. What government housing programs exist for lower-income individuals and families?...........................................................................170
7. How do I apply for Section 8 or public housing?..............................................................................................................................................171
8. Where can I find other affordable housing listings?........................................................................................................................................171
9. What documents or materials do I need to apply for permanent housing?................................................................................................172
10. W
 hat is a potential landlord allowed to ask me about my criminal history?
Can a potential landlord turn me down based on my criminal record?......................................................................................................172
11. Should I give more information than the landlord asks for?..........................................................................................................................173
12. Can I submit documentation to show I am rehabilitated since the conviction?.........................................................................................173
13. What do I say about sealed or vacated cases?...............................................................................................................................................173
14. Can my application for housing be rejected for reasons outside my criminal history, such as past drug addiction?...........................173
15. Will a potential landlord run a background check on me? Do I have a right to know whether a landlord
is doing a background check on me? What kinds of information will they find?.......................................................................................174
16. If I am denied housing on the basis of a background check, what can I do?..............................................................................................174
17. Do I have a right to request that a consumer reporting agency stop reporting something from my criminal history?........................174
18. What kinds of information are consumer reporting agencies (CRAs) barred from including in their background check?..................174
19. How do I remove or change incorrect information in a background check?..............................................................................................175
20. What are the obligations of a consumer reporting agency (CRA) when I request they correct information in a background check?.........175
21. What can I do if the consumer reporting agency or the landlord does not follow the law regarding my background check?...........175
22. Can I get a copy of the background check my potential landlord uses?....................................................................................................175
23. Am I entitled to know why the landlord denies me?.....................................................................................................................................176
24. What do I do if I believe a landlord is discriminating against me?..............................................................................................................176
25. Are certain landlords more accepting of those with criminal convictions? How can I find out about them?........................................177
26. How do I find out about my eviction record? How much does it cost? How long does an eviction stay on my record? ....................177
27. How can violating the terms of my release affect my housing?...................................................................................................................177
28. What types of crimes and related issues can I be evicted for?....................................................................................................................177
29. Can I be evicted for an arrest that does not result in a conviction?............................................................................................................177

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Washington Reentry Guide

Voices of Reentry: Chris...........................................................................................................................185

Chapter 10: Identification..................................................................................................187
1. Can I get a copy of my birth certificate while I am incarcerated?..................................................................................................................188
2. How do I order a birth certificate if I was born in Washington?.....................................................................................................................188
3. How do I order a birth certificate if I was born in a different state?..............................................................................................................189
4. Can I start the process to get my Washington State ID card while I am incarcerated?............................................................................. 190
5. How do I get or renew my Washington State ID card after I am released?................................................................................................. 190
6. What is a Social Security card? Why do I need it?.......................................................................................................................................... 191
7. Can I get a Social Security card while I am incarcerated?............................................................................................................................... 191
8. How do I get a replacement Social Security card?.......................................................................................................................................... 191
9. How can I get an original Social Security card?...............................................................................................................................................192
10. I changed my name. Do I need a new Social Security card?........................................................................................................................ 194
11. What is a U.S. Passport? Why might I want one?........................................................................................................................................... 194

Voices of Reentry: Clinton.......................................................................................................................197

Chapter 11: Legal Financial Obligations............................................................................199
1. What are Legal Financial Obligations?............................................................................................................................................................. 201
2. What are the differences between fines, fees and restitution? Do they have different rules?.................................................................. 201
3. What are some examples of common types of LFOs?...................................................................................................................................202
4. How does the county in which I’m convicted affect how my LFOs are handled?.......................................................................................203
5. What are the consequences of not paying LFOs?......................................................................................................................................... 204
6. Does non-payment affect my eligibility for benefits?...................................................................................................................................205
7. Does non-payment affect my credit rating?....................................................................................................................................................205
8. What happens to my LFOs while I am incarcerated? Do they accrue interest?..........................................................................................205
9. How can LFOs affect child support payments?...............................................................................................................................................205
10. What information do I already have about my LFOs?..................................................................................................................................206
11. How do I find out how much I owe?.................................................................................................................................................................206
12. To whom do I owe my LFOs?...........................................................................................................................................................................206
13. Which Clerk’s office do I contact?...................................................................................................................................................................206
14. What are the Guidelines for Payment?...........................................................................................................................................................207
15. How can I get monthly statements of the amount that I owe?....................................................................................................................207
16. If I cannot pay the full amount, should I pay some?.....................................................................................................................................207
17. What should I do if I get a job or new job?.....................................................................................................................................................208
18. Should I keep ongoing financial records?......................................................................................................................................................208
19. What should I do if I lose a job?.......................................................................................................................................................................208
20. If I get a job, will my wages be garnished to pay my LFOs? How can I avoid this?..................................................................................208
21. Are there ways for me to reduce the amount owed or the rate of interest?.............................................................................................. 210
22. Can I go to jail for failing to pay my LFOs?.................................................................................................................................................... 210
23. What should I expect if I am summoned to court for non-payment?..........................................................................................................211
24. How can I prepare for a hearing, and am I entitled to an attorney?.............................................................................................................211
25. Are there legal clinics or other resources that can help me?........................................................................................................................211
26. Will time in jail reduce my fines?......................................................................................................................................................................211
27. What are Costs of Supervision?........................................................................................................................................................................211
28. Once I have sent in the last payment, do I need to take any additional steps?.........................................................................................212
29. What additional legal/civil rights do I have once I have paid off my LFOs?..............................................................................................212
30. How long after paying off my LFOs can I have my convictions vacated?..................................................................................................212

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31. When do LFOs expire?.......................................................................................................................................................................................212
32. How will bankruptcy affect LFO debts?..........................................................................................................................................................212

Voices of Reentry: Dan............................................................................................................................ 219

Chapter 12: Other Government Benefits...........................................................................221
1. What is TANF? Can I begin the application process prior to my release?.................................................................................................... 222
2. Does my conviction history affect my eligibility for TANF?.......................................................................................................................... 223
3. What are the requirements to maintain active benefits under TANF?.........................................................................................................224
4. How does this program impact my total income for the purposes of repaying LFOs, child support, or other debts?..........................224
5. What is SSI? Can I begin the application process prior to my release?.......................................................................................................224
6. Does my conviction history affect my eligibility for SSI?..............................................................................................................................226
7. What are the requirements to maintain active SSI benefits?........................................................................................................................226
8. How does receiving SSI benefits impact my total income for the purposes of repaying LFOs, child support, or other debts?.......... 227
9. What is the Washington State Combined Application Project and how do I apply for it?........................................................................ 227
10. What is SSDI? Can I begin the application process prior to my release?................................................................................................... 227
11. Does my conviction history affect my eligibility for SSDI?...........................................................................................................................229
12. What are the requirements to maintain active SSDI benefits?....................................................................................................................229
13. How does SSDI impact my total income for the purposes of repaying LFOs, child support, or other debts?.......................................229
14. What is unemployment? Can I begin the application process prior to my release?.................................................................................230
15. Does my conviction history affect my eligibility for unemployment?.........................................................................................................231
16. What are the requirements to maintain active benefits in this program?..................................................................................................231
17. What is the Aged, Blind or Disabled Cash Assistance program and how do I apply for it?..................................................................... 232
18. What is Basic Food? Can I begin the application process prior to my release?........................................................................................ 232
19. Does my conviction history affect my eligibility for the program?............................................................................................................. 233
20. What are the requirements to maintain active benefits in this program?................................................................................................. 233
21. How does this program impact my total income for the purposes of repaying LFOs, child support, or other debts?........................234
22. What is WIC? Can I begin the application process prior to my release?...................................................................................................234
23. Does my conviction history affect my eligibility for the program?............................................................................................................234
24. What are the requirements to maintain active benefits in this program?................................................................................................. 235
25. What is the Emergency Food Assistance Program and how do I apply for it?......................................................................................... 235
26. What is the Commodity Supplemental Food Program and how do I apply for it?.................................................................................. 235
27. How can I find information about food banks near me?..............................................................................................................................236
28. What is the Housing and Essential Needs (HEN) Referral program? Am I eligible for it? How do I apply?..........................................236
29. What is Section 8? Am I eligible for Section 8 housing vouchers? How do I apply?................................................................................ 237

Chapter 13: Outstanding Warrants................................................................................... 243
1. What is an outstanding warrant? ......................................................................................................................................................................244
2. How can I find out about my outstanding warrants?.....................................................................................................................................244
3. How can I find outstanding warrants in other states or federal jurisdictions? ...........................................................................................245
4. What if I have outstanding warrants in multiple jurisdictions?.....................................................................................................................246
5. What does it mean to “quash” a warrant?.......................................................................................................................................................246
6. How do I prepare to quash my warrant?.......................................................................................................................................................... 247
7. What should I expect at a hearing on my request to quash or recall an outstanding warrant?................................................................248
8. What is different about warrants in Superior Courts?....................................................................................................................................249
9. What is different about warrants in District and Municipal Courts?.............................................................................................................249

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Washington Reentry Guide

Chapter 14: Restoring Your Civil Rights After Incarceration............................................251
1. Can I vote while I am incarcerated?................................................................................................................................................................... 252
2. What kinds of convictions affect my right to vote?........................................................................................................................................ 252
3. How do I restore my right to vote?................................................................................................................................................................... 252
4. How do I find out if I am “on community custody”?...................................................................................................................................... 253
5. If my right to vote is restored, am I automatically registered to vote?........................................................................................................ 253
6. How do I register to vote?................................................................................................................................................................................. 253
7. How far in advance of the election do I need to register?.............................................................................................................................254
8. Can I vote by mail?.............................................................................................................................................................................................254
9. Can I vote in person?..........................................................................................................................................................................................254
10. Can I still vote, even if I don’t have a permanent address?..........................................................................................................................254
11. How do I restore my other civil rights after I am released?.......................................................................................................................... 255
12. Can I still get a Certificate of Discharge (COD) if I have a “no-contact order”?........................................................................................ 255
13. How do I serve on a jury?.................................................................................................................................................................................256
14. What should I do if I get a jury questionnaire, but I am not eligible to serve on a jury?..........................................................................256

Chapter 15: Transportation and Getting Around............................................................. 259
1. What is public transportation and how do I use it?.........................................................................................................................................260
2. How can I get reduced bus fare? ......................................................................................................................................................................260
3. What can I do if I am banned from public transportation? ...........................................................................................................................260
4. Are there other ways to get around without owning my own car if public transportation is not convenient?.......................................261
5. What if I need help getting to doctor’s appointments?..................................................................................................................................261
6. What if I want to drive my own car? What should I know before buying a car?.........................................................................................262
7. How do I get a disabled parking placard?........................................................................................................................................................263
8. Do I need auto insurance in order to drive in Washington?5........................................................................................................................263

Chapter 16: Work Release................................................................................................ 265
1. Where are Work Release facilities located in Washington State?.................................................................................................................266
2. What are the eligibility requirements for work release?................................................................................................................................266
3. Am I still “in prison” while in work release?.................................................................................................................................................... 267
4. Is a work release program right for me?.......................................................................................................................................................... 267

Acknowledgements.......................................................................................................... 269

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Washington Reentry Guide

Chapter 1: Criminal Records
and Background Checks
The Bottom Line:•

During your reentry, it is likely that potential employers, landlords, and creditors will learn about yourcriminal history by running a background check on you. While your criminal history will not necessarily
disqualify you from employment or housing opportunities, it is important to understand what information
is in your background check so that you are prepared to answer questions about it.

•

In some cases, you may be able to limit what information is available in your criminal record. Here is a brief
overview of your options; see section 7 in this chapter for more information.
»» If you have an adult record: In some limited circumstances, you may be able to have your conviction
vacated, which would make it as if you were never convicted of a crime at all (note that this willprobably not be an option if you committed a violent offense or a crime that victimized anotherperson). You will also have to wait several years from the completion of your sentence before you
can attempt to get your conviction vacated. If your conviction is successfully vacated, you may also
be able to have your record sealed, which means that no one will be able to see a record of yourconviction.
»» If you have a juvenile record: You may be able to get your juvenile record sealed if you havesuccessfully completed all diversion agreements and you do not have any criminal charges pending
against you in juvenile or adult court. You will have to wait several years from the completion ofyour sentence before you can attempt to get your record sealed. If you are at least 23 years old andyour criminal record consists entirely of referrals for juvenile diversion, you may be able to get yourcriminal record destroyed.

•

You may be able to get yourself removed from the sex offender registry. Note that this process iscomplicated, and you will need to wait at least ten years after completing your sentence before you canpetition the court to be removed. If you were convicted of a serious offense, you will probably not be able
to get off the registry at all. The process of getting removed from the registry involves making arguments
in court against the county's prosecuting attorney, so you should strongly consider hiring an attorney tohelp you.

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Chapter 1: Criminal Records & Background Checks

CRIMINAL RECORDS & BACKGROUND CHECKSIntroduction
This chapter will provide information on what is contained in a background check, who might check yourbackground, and how to limit the information that is available in background checks.
As you read this chapter, it is important to understand the difference between vacating, sealing, expunging, or
destroying information on your criminal record.
•

Vacating a conviction means that the court will withdraw the guilty charge and then dismiss the case againstyou. If your conviction was vacated, you have the right to say that you were not convicted of a charge.

•

Sealing court records means that your court records will not be available to the public. The law tends tosupport keeping court records public, so it can be difficult, but not impossible, to seal them.

•

Expunging non-conviction information means removing the information about your arrest and charges
from the Washington State Patrol records.

•

Destroying information contained in your juvenile record means that the information is deleted so that it
cannot be retrieved and used against you.

This chapter will help explain which of these options are available to you depending on your circumstances andwill provide you with resources you can use to limit access to your record.

Understanding Your Criminal Record
1. What is in a background check?
Background checks can contain different types of information, ranging from criminal history information,
financial information, or eviction information. This chapter focuses on criminal history information that may be
included in a background check.

2. Who might order a background check on me?
Potential employers, landlords and creditors routinely perform background checks on individuals as part of an
application process. Understanding what part of your criminal history is accessible is important so that you areprepared to answer questions about it.

3. How does someone get background check information?
Background checks can be performed in a variety of ways. The most common are the following:•

Washington State Patrol criminal history reports. A landlord or employer may purchase a criminal history
record online. Criminal history record information available to the public is limited to conviction information,
arrests less than one year old that have dispositions pending, and information regarding registered sex/
kidnapping offenders.

•

Consumer Reporting Agency (CRA) reports. There are hundreds of companies, called consumer reporting
agencies, that produce consumer reports that may include a criminal background report. These agencies

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Washington Reentry Guide

are governed by federal law, which means that if an employer or landlord obtains your background checkfrom one of these agencies, you may be entitled to certain rights. There are different types of consumer
reports, such as credit reports, tenant-screening services, and reference-checking services.
•Fee-based online resources. These companies may provide employers with access to a variety ofbackground information, including criminal history.

•

Free online court case information search. An employer or landlord may search the Washington court
records for free online at www.courts.wa.gov. The search may be performed by name and provides
basic procedural information about cases, including, the party names, case number, date of charges andconviction or dismissal.

4. What is the source of the criminal history information that is found in a background check?
The three primary sources for criminal history information are court records, the Washington State Patrol, andthe FBI. The Washington State Patrol and FBI have information about your arrests and convictions. Court clerk’s
offices have all of the information about your case if you were charged with a crime, including, but not limited
to, whether the case ended with a conviction or dismissal.

5. Can a background check include very old criminal history information?
In general, yes, but it depends in part on who is performing the background check. Court record information is
public record and is accessible by individuals no matter how old it is.
Some organizations that disseminate criminal history information, however, have limits on disseminating old
criminal history information, so it is possible that older convictions will not show up in your background check.
For example, the Washington State Patrol does not report arrest information that is more than one year old.1
They do not, however, have any limits on the age of the conviction information they may report.2 Private
background checking companies, or consumer reporting agencies, are subject to the Washington Fair Credit
Reporting Act (CRA).3 The CRA prohibits consumer reporting agencies from including convictions that are
more than seven years old from the date of disposition, release or parole.4 Most employers use private agencies,
so the seven-year rule will typically apply.

6. Can I obtain my own criminal history report?
Yes. You can obtain information about your criminal history in the following ways:•

You can order a criminal history report from the Washington State Patrol Criminal History Records Section.
There is a $12-$38 fee depending on what type of background check you want to order. You can accessyour record at the following website: www.wsp.wa.gov/Crime/Crimhist.htm. You can also reach the Criminal
History Records Section by phone at (360) 534-2000.

•

You can request a criminal history report from the Federal Bureau of investigation. The FBI calls the reportan "identity history summary." There is an $18 fee to process your request and you make the request at thiswebsite: www.fbi.gov/about-us/cjisfidentity-history-summary-checks.

•

You can search the case records on the Washington Courts website. The amount of information displayed
about each case on the Washington Courts website is not always complete, but seeing the information
about your case will give you an idea of how readily the information is available. You can locate thisinformation on the court’s website: www.courts.wa.gov.

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Chapter 1: Criminal Records & Background Checks•

You can order a background check through a private company. There are multiple background checking
companies online. You can simply search for "background check” online and you will have many choices.
Background checks typically cost from $10-$20.

•

During business hours, you can go to the clerk's office of the court where your case took place and request
to view the copies of your case records. Most case records are public records and can be viewed for free.

Limiting the Information in Your Criminal Record
7. Can I clear my criminal record?
"Clearing your record" is not as straightforward as it may seem. As stated above, there are different sources
for criminal history information and it is important to understand where the information in your backgroundcheck is coming from and whether you have the right to limit access to the information. The two main types ofrecords used in background checks are court records and arrest and conviction information maintained by law
enforcement agencies. Court records are maintained by the court system and arrest and conviction information
are maintained by the Washington State Patrol and FBI.
The primary way to limit access to your criminal history is by limiting access to court records. Limiting accessto your court records will generally limit the information the Washington State Patrol and FBI disseminate
about your arrest and conviction history.
The Washington Courts website has a "Guide to Sealing and Destroying Court Records, Vacating Convictions,and Deleting Criminal History Records in Washington State" which contains extensive information about
limiting access to court record and arrest record information and the differences between the records. It
is an essential starting point for understanding how you might limit your criminal history information. You
can access the court’s guide to Sealing and Destroying Court Records, Vacating Convictions, and Deleting
Criminal History Records in Washington State at the following link: www.courts.wa.gov/newsinfo/content/
GuideToCrimHistoryRecords.pdf.
Whether you are eligible to have your record cleared is case-specific because it depends on a variety of
individual factors, such as your prior criminal history, the nature of the charge, and much more. The possible
avenues for limiting access to adult court records, juvenile court records and law enforcement agency records
are described below.

Adult Court Records
There is no way to completely destroy your adult criminal record. Under certain circumstances, however, you
can limit access to your criminal history. Whether you are eligible to have access to your criminal record limited
will depend on a variety of factors, including whether you were convicted of a felony or misdemeanor, whether
you have more than one conviction on your record, the nature of the crime you committed, and how much time
has passed since you were convicted of the offense.
If you are an adult with a felony or misdemeanor conviction, your best option for limiting access to your record
is to have your conviction vacated. Note that a court will only vacate your conviction in limited circumstances.
If you successfully have your conviction vacated, you may also wish to have your record sealed. In most cases,
having your conviction vacated is a prerequisite to having your record sealed. More details on both of theseprocesses are provided below.

18

Washington Reentry Guide(i) Vacating adult felony and misdemeanor convictions in court
In limited circumstances, you may petition the Court to have your conviction vacated.5 If your conviction isvacated, you are legally entitled to state that you have never been convicted of the offense,6 the Washington
State Patrol will not include the conviction in a criminal history report,7 and only limited information about thecase will be displayed on the Washington Courts website.
The eligibility requirements are different for felony and misdemeanor convictions. Note that if you committed
a violent offense or a crime that victimized another person, you will likely not be able to get your conviction
vacated. The chart below describes the wait period before you are eligible to go through the process:Classification

Wait Period Before Vacating

Felony – Class A

Can’t be vacatedFelony – Class B

10 years from end of sentence (including probation or community custody)

Felony – Class C

5 years from end of sentence

Gross Misdemeanor

3 years from end of sentence

Simple Misdemeanor

2 years from end of sentence

The Washington Courts website provides an instruction guide for vacating convictions, which is available atwww.courts.wa.gov/newsinfo/content/GuideToCrimHistoryRecords.pdf. This guide will help you determine
whether you are eligible to have your conviction vacated based on your specific circumstances. The Resources
section of this chapter provides links to guides for vacating felonies and misdemeanors, which may also be
useful in determining if you are eligible.
If you determine that you are eligible to have your conviction vacated, you may petition the court without theassistance of a lawyer. The Washington Courts website provides blank pleadings that you can fill out and filewith the court clerk's office where you were convicted. See the Resources section at the end of the chapter.
Once your conviction is vacated, it is technically no longer considered a conviction. However, the court record
will still show the original conviction and the vacation, and both are accessible to the public. Therefore, if you
file a motion to have your conviction vacated, you should also consider making a motion to seal the record. (Forinformation about making a motion, talk to the clerk of the court where you were convicted; more informationis also provided in the resources linked in the list at the end of this chapter.) If your conviction is vacated andsealed, the only information the court will keep open to the public is your name, the notation "case sealed," andthe cause of action or charge.

(ii) Sealing your adult record in court
If you were successful in getting your conviction vacated, you may also wish to file a motion to seal your entire
record. There is a presumption that adult court records should remain open to the public, so it can be difficult
to show that you have a compelling privacy or safety concern to overcome that presumption. Also, note that if
the court was unwilling to vacate your conviction, it is unlikely that you can get your record sealed.
An entire court record or parts of a record may be sealed. The process is the same, regardless of whether you aretrying to seal all or only part of a court record. You may request a hearing to seal or redact your court records
before the Court that presided over your case (for more information on this process, talk to the clerk of the court

19Chapter 1: Criminal Records & Background Checks

where you were convicted or see the Washington Law Help publications in the resource list at the end of thischapter). Reasonable notice of the hearing must be given to all parties in the case, including the victim and any
probationary agency supervising you. Although “reasonable notice” is not defined by court rule, you want tomake sure that the other interested parties have enough time to be heard.
In order to get your record sealed, you must be able to show that there are compelling privacy or safety concernsthat outweigh the public interest in accessing Court records. The fact that a conviction has been vacated is an
important factor for the court to consider in your request to seal a criminal record, but it is not the only factor.
Other factors the court must consider include:• Whether there is a serious and imminent threat to an important interest;• Whether anyone present in court objects to the sealing;• Whether there is any way to protect the defendant’s interest that is less severe than sealing;• Whether the public's interest in the file is outweighed by the defendant's need for sealing; and• The period of time the order shall be in effect.
One of the most important factors to think about is whether you can show that there will be a serious and imminent
threat to an important interest if your record is not sealed. For instance, if you have been told that you will be fired
from your job in the near future if your record is not sealed, a court might find that this is a serious and imminent
threat to an important interest. If you think it might be harder to get a job if the record is not sealed, but have notactually been denied a job offer yet, a court might find that the threat is not “imminent.” Every case is different,and different courts might weigh these factors differently. Regardless, you need to think about all of these factors
in your request to seal a criminal record and be ready to explain why they favor your request.
Even if your court record is sealed, your case information is not completely hidden from public view. Evidenceof the existence of a sealed file, unless protected by statute, is available for viewing by the public, but is limited
to the case number, names of the parties, the notation "case sealed,” the case type in civil cases, and the causeof action or charge in criminal cases.12(iii) Help from pro bono legal clinics
Determining whether you are eligible to have your conviction vacated or your record sealed can be challenging
even after reviewing all the material provided by the courts. Fortunately, there are several legal clinics providing
free consultation on matters like criminal records and employment.
The Public Law Library operates a free legal help center and hosts free legal clinics. Both the legal help centerand the law clinics are held in the Seattle Law Library’s conference rooms on the sixth floor of the King County
Courthouse and are staffed by volunteer attorneys who provide free legal advice but do not represent clinic
visitors. The lawyers at these clinics may be able to assist you with understanding the requirements for vacating
or sealing your record. To learn about the legal clinics online, see the Resources section at the end of this guide.
The Center for Justice in Spokane will help you vacate, expunge, and seal your records for $200. They only
assist with adult convictions in Spokane county court. Find out more by following this link: https://cforjustice.
org/legal-services/clearing-my-record/.
If none of these resources are available to you, call the ACLU of Washington at 206-624-2180. They cannot
provide you with representation but they can provide you with information and referrals. You can also try
calling the Northwest Justice Project’s CLEAR Hotline at 1-888-201-1014 (M-F 9:15am to 12:15pm).

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Washington Reentry Guide

Juvenile Records
Washington law provides greater privacy protections for juvenile records than it does for adult records. This
guide will describe two processes that are applicable to juvenile records, namely, "destroying" and "sealing."(i) Sealing a juvenile record
Having your juvenile record sealed means that your record is no longer public and access to it is limited. As
mentioned above, it is generally easier to have a juvenile record sealed than an adult record, but you must meetcertain conditions.13 If the court seals your record, the record is not available to the public.14 The records are
not, however, destroyed, and they may be unsealed if you are convicted of a new crime or are charged with afelony offense.15
In order to seal your juvenile record, you must meet ALL of the following conditions:•

You do not have any criminal charges pending in juvenile or adult court;•

You are not currently completing a diversion agreement;•

The charge you are trying to seal is not classified as a sex offense(for information on sex offenses see Section
9 below related to getting off the sex and kidnapping offenses registry for a juvenile offense);•

You do not owe restitution to the victim for the case you are trying to seal;•

If you are trying to seal the record of a Class A felony as a juvenile:»» Five years have passed since the end of your sentence, and»» The felony is not Rape or Indecent Liberties by Forcible Compulsion (this means using force to makeanother person have sexual contact with you or someone else);•

If you are trying to seal the record for any other juvenile case (not including sex offenses):»» Two years have passed since the end of your sentence.

The eligibility requirements for having your record sealed are described extensively in Team Child's "Sealing
Juvenile Court Records in Washington State” Guide. See the Resources section at the end of this chapter.

(ii) Destroying a juvenile record
Having your juvenile record destroyed means that the information contained in your record will be destroyedby any public officials and offices that hold it in a way that makes it permanently irretrievable. There is one
circumstance in which you may have a juvenile record destroyed. Juvenile records, including those maintainedby any court, the prosecutor's office, or law enforcement agency are eligible for destruction when the person
who is the subject of the record:•

is at least 18 years old,•

has only one diversion agreement, or counsel and release agreement on their record,•

two years have passed since completion of the diversion agreement,•

has no criminal case pending, and•has paid all restitution in the case.16

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Chapter 1: Criminal Records & Background Checks

If you are at least 23 years old and your criminal history consists only of referrals for juvenile diversion, you may
request that the court order destruction of your records. Your request will be granted if the court finds that all
diversion agreements have been successfully completed and there are no pending criminal charges against you.17(iii) TeamChild's pro bono juvenile record sealing clinic
TeamChild is a youth advocacy organization. Among other things, they have an entire project devoted tosealing juvenile records in Washington. The project is intended to increase access to information about
sealing juvenile records and to help individuals in sealing their juvenile criminal history. You can learn more
about the program or find a clinic by visiting http://teamchild.org/record-sealing/. TeamChild holds record
sealing clinics in King, Spokane, and Pierce counties, and also provides an online tool to help you complete
the required forms yourself.

Removing arrest and conviction information through the Washington
State Patrol(i) Adult Records
If your conviction is vacated or sealed, the Washington State Patrol will not disseminate the conviction
information.18 It is still a good idea to order your own criminal history report from the Washington State Patrol
after your conviction is vacated or sealed to make sure they are not reporting the conviction information. For
information on how to obtain your criminal history report from the Washington State Patrol, see section 6 (“CanI obtain my own criminal history report?”).
In some cases, you may request that the Washington State Patrol delete your criminal record altogether. You
are eligible to make this request if:•

At least two years have passed since your case was dismissed;•

The case was not a diversion or deferred disposition;•

Your Washington State Patrol record only contains non-conviction data;•

You have no prior convictions; and•You have no charges pending against you.19

If you meet these criteria, you should fill out the “Request for Expungement/Deletion of Non-Conviction
Records” form provided in the Resources section of this chapter. After you fill out the form, mail it to the
Criminal History Section of the Washington State Patrol. Processing time may vary from 14-28 days but you will
be notified of any action taken by the WSP on the request.

(ii) Juvenile Records
If a juvenile court record is destroyed or sealed, the Washington State Patrol will not disseminate any information
they have about the case.20 If your juvenile court record is destroyed or sealed, it is a good idea to order abackground check with your name to ensure that information about your case is not reported.
If information is included that shouldn’t be, you can submit a “Request for Modification of Record” form provided
in the Resources section of this chapter. If the Identification and Criminal History Section of the WSP refuses tomodify your record, you may request a review of the refusal within twenty business days of the date you receive

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Washington Reentry Guide

notice of their refusal. The request must be made in writing, and you must complete the “Request for Review
of Refusal to Modify Record” form found in the Resources section of this chapter. Denial of the request by the
WSP Chief is a final decision.

8. How do I remove an out-of-state conviction from my criminal history?
The laws regarding criminal records vary from state to state, so the specific processes for removal of an out-ofstate conviction from your criminal record are beyond the scope of this guide. For each state where you havea conviction, you need to contact the clerk’s office for the court in which you were convicted and ask whether
there is a process for limiting access to your record.

9. How do I get off the sex offender registry?
This section will explain the circumstances under which you can petition the court to relieve you of your duty
to register after committing a sex or kidnapping offense. Whether you can petition the court depends onwhether you were charged as a juvenile or an adult, the severity of the offense, how much time has passed since
you completed your sentence, and whether you have remained out of trouble since then. Note that getting
removed from the sex offender registry is complicated, and you will likely need to consult with an attorney
before proceeding.

Adult Offenders
If you were charged as an adult, you will have to wait 10 to 15 years after completing your sentence before you
can petition the court to relieve you of your duty to register.
If you were convicted of a Class A Felony that was committed with forcible compulsion on or after June 8,
2000, you will not be able to get off the registry. However, after 15 years without a disqualifying offense you
can petition the court to be exempted from the community notification requirements. This means that, while
you will still be registered for your sex or kidnapping offense, you will not be required to notify those in yourcommunity.
If you were convicted by the State of Washington for a sex or kidnapping offense that is less severe than aClass A Felony, then you will have to spend 10 consecutive years in the community without being convicted of adisqualifying offense before you can petition the court to relieve you of your duty to register. You must petition
the court that convicted you for the sex or kidnapping offense.
If you were convicted by a Federal, Tribal, or out-of-state court for a sex or kidnapping offense, you will have to
wait 15 years without being convicted of a disqualifying offense before you can petition the court for relief. You
must petition the Washington Superior Court in the county in which you are registered.
When you petition the court for relief, the prosecuting attorney for the county will be notified, and will beallowed to argue against your petition for relief. The prosecuting attorney is required to make “reasonable
efforts” to notify the victim of your sexual or kidnapping offense so that he or she can testify.
In order for the court to grant you relief from your duty to register or exempt you of your community notification
requirements, you must provide clear and convincing evidence that you have been sufficiently rehabilitated.
The court may look at the following factors in determining whether that is the case:•

The nature of the offense, including the number of victims and the length of the offense history;•

Any subsequent criminal history;

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Chapter 1: Criminal Records & Background Checks•

Your compliance with supervision requirements;•

The length of time since the incident occurred;•

Input from community corrections officers, law enforcement, or treatment providers;•Participation in sex offender treatment;•

Participation in other treatment and rehabilitative programs;•

Your stability in employment and housing;•Your community and personal support system;•

Any risk assessments or evaluations prepared by a qualified professional;•

Any updated polygraph examination;•

Any input from the victim; and•Any other factors the court may consider relevant.

The petition form provided on the Washington Court’s website (available at www.courts.wa.gov/
forms/?fa=forms.contribute&formID=84) allows you to select the issues on which you will submit evidence.
You should then attach any paperwork you have that can be used to show that you have been rehabilitated (e.g.
certificates for completion of treatment programs, letters or reports from your case manager or therapist, etc.).
Because you will be arguing against the county’s prosecuting attorney, it is recommended that you get a lawyer
to argue your side. Unlike in criminal cases, an attorney will not be provided if you cannot afford one. Thismeans you will likely have to pay for an attorney. Calling your county’s Bar Association may be a good place tostart looking for a lawyer who can help you.

Juvenile Offenders
If you were charged as a juvenile you will have to wait significantly less time before you can petition the court
for relief, and you can seek relief for Class A sex and kidnapping offenses.
For Class A sex and kidnapping offenses committed as a juvenile, you will have to wait 60 months (or 5 years)
since the completion of your sentence (assuming that you have not been convicted of any other sex or kidnapping
offenses within that time period). For all other sex or kidnapping offenses (those less serious than a Class A
Felony), you may petition the court after only 24 months (or 2 years) since the completion of your sentence.
As is the case for adult offenders described above, the county prosecutor will be arguing against your petition
for relief and the victim of your crime will be notified of your petition so that he or she can testify.
In order for the court to grant you relief from the duty to register, you are only required to prove by a“preponderance of the evidence” that you have been sufficiently rehabilitated to warrant removal from theregistry. That means that you just have to show that it is more likely than not that you are rehabilitated. This is alower burden than the "clear and convincing" standard for adult offenders. The court may look at the following
factors in determining whether that is the case:•

The nature of the offense, including the number of victims and the length of the offense history;

24

Washington Reentry Guide•

Any subsequent criminal history;•

Your compliance with supervision requirements;•

The length of time since the incident occurred;•

Input from community corrections officers, law enforcement, or treatment providers;•Participation in sex offender treatment;•

Participation in other treatment and rehabilitative programs;•

Your stability in employment and housing;•Your community and personal support system;•

Any risk assessments or evaluations prepared by a qualified professional;•

Any updated polygraph examination;•

Any input from the victim; and•Any other factors the court may consider relevant.

The petition form provided on the Washington Court’s website (available at www.courts.wa.gov/
forms/?fa=forms.contribute&formID=84) allows you to select the issues on which you will submit evidence. You
should then attach any paperwork that can be used to show that you have been rehabilitated. Because you will
be arguing against the county’s prosecuting attorney, it is recommended that you get a lawyer to argue yourside. Unfortunately, this means you will likely have to pay for an attorney. Unlike in criminal cases, an attorney
will not be provided to you if you cannot afford one. Calling your county’s Bar Association may be a good place
to start looking for a lawyer who can help you.

Resources
Documents:•

Getting and Reading Criminal History Reports in Washington, ACLU of Washington,www.aclu-wa.org/docs/getting-and-reading-criminal-history-reports-washington•

Guide to Criminal Records and Employment in Washington State, ACLU of Washington,www.aclu-wa.org/docs/guide-criminal-records-and-employment-washington-state•

A Guide to Sealing and Destroying Court Records, Vacating Convictions, and Deleting Criminal History
Records in Washington State, Washington Courts,
www.courts.wa.gov/newsinfo/content/GuideToCrimHistoryRecords.pdf•

Instructions for Vacating Misdemeanor and Gross Misdemeanor Convictions, Washington Law Help,
www.washingtonlawhelp.org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/
attachments/8EB4DA82-C3E4-4694-B6B7-591B36299A0A/9911en_vacating-misdemeanor-convictions_aoc.pdf•

Sealing Juvenile Court Records in Washington State: Forms and Instructions, http://teamchild.org/wpcontent/uploads/2017/07/Sealing-Juvenile-Court-Records-in-Washington-State-2015.pdf

25

Chapter 1: Criminal Records & Background Checks

Forms and instructions for vacating, sealing, or destroying criminal records:•

Vacating/Sealing Records, Washington Courts,
www.courts.wa.gov/forms/?fa=forms.contribute&formID=38•

Vacation of Record of Felony Conviction, Washington Courts,
www.courts.wa.gov (Use the search bar in the top right-hand corner to find the document entitled“Vacation of Record of Felony Conviction” and download the Word Document provided)•

Vacating Non-Violent Class B or C Felony Convictions, Washington Courts,
www.washingtonlawhelp.org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/
attachments/3925EC9F-99AB-0422-84A9-89BEE8BCE79F/9910en_criminalhistory_felonyco.pdf•

Request for Expungement/Deletion of Non-Conviction Records, Washington State Patrol,
www.wsp.wa.gov/crime/docs/misc/request_expungement-deletion_non-conviction_records.pdf•

Request for Modification of Record, Washington State Patrol,
www.wsp.wa.gov/crime/docs/misc/modification_record_request.pdf•

Request for Review of Refusal to Modify Record, Washington State Patrol,
www.wsp.wa.gov/crime/docs/misc/modification_record_request.pdf

Clinics and other resources to help you with your criminal record:•

The Public Law Library of King County Legal Clinics provide free, limited legal advice and help with fillingout court forms. Visit http://pllkc2.org/legal-clinics/ for a clinic schedule and more information.

•

The Center for Justice provides record clearing assistance for individuals with adult convictions in the
Spokane County court system. Visit https://cforjustice.org/legal-services/clearing-my-record/ for more
information or call (509) 835-5211 and ask for “Conviction Clearing Intake.”•

TeamChild operates Juvenile Record Sealing Clinics in King, Pierce, and Spokane Counties; visit http://
teamchild.org/record-sealing/ for more information. They also have an interactive online tool that you can
use to help you determine whether you are eligible to have your juvenile record sealed; the tool is available
at https://lawhelpinteractive.org/Interview/GenerateInterview/1411/engine.

Glossary
Conviction Record: Criminal history record information relating to an incident that has led to a conviction orother disposition adverse to the defendant; i.e., a result other than a decision not to prosecute, a dismissal, oran acquittal.
Criminal History Record Information: Data contained in records collected by criminal justice agencies otherthan courts, consisting of descriptions and notations of arrests, detentions, indictments, or other formal criminal
charges, and any dispositions, including sentences, correctional supervision, and release.
Deferred Sentence: A sentence that will not be carried out if the defendant meets certain requirements such ascomplying with conditions of probation. A deferred sentence is considered adverse to the defendant.
Delete/destroy criminal record: To eliminate existing information.
Dismissal: The court-ordered termination of a case.

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Washington Reentry Guide

Disposition: The formal conclusion of a criminal proceeding.
Expunge: To physically destroy information.
Felony: The offense classification for serious crimes. Felonies are designated class A, class B, and class C, withclass A felonies subject to the longest terms of confinement.
Gross Misdemeanor: An offense punishable by no more than 365 days in jail and $5,000. Gross misdemeanors
may be filed in either courts of limited jurisdiction (district or municipal courts) or superior court.
Juvenile Offender: A person under the age of 18 years who has not been transferred to adult court and who has
been found to have committed an offense by the juvenile court. Individuals 18 years of age or older over whom
jurisdiction has been extended are also juvenile offenders.
Misdemeanor: An offense punishable by no more than 90 days in jail and $1,000. May be filed in either courtsof limited jurisdiction (district or municipal courts) or superior court.
Motion: A written request or proposal to the court to obtain an asked-for order, ruling, or direction.
Non-conviction data: Criminal history record information relating to an incident that has not led to a conviction
or other disposition adverse to the individual, and for which proceedings are no longer actively pending.
Pleading: A formal statement filed with the court that states your cause of action, or what brings you to court.
Presumption: A rule of law which allows a court to assume a fact is true until there is enough evidence to provethat the assumption is more than likely false.
Seal: To prevent access to a record.
Vacate: To set aside a conviction. If a conviction is vacated, it is as though the conviction did not happen.

1
2
3
4
5
6
7
8
9
10
11
13
14
15
16
17
18
19
20

RCW 10.97.050, www.wsp.wa.gov/crime/chrequests.htm#privacy
RCW 10.97.050(1)RCW 19.182
RCW 19.182.040(1)(g)
RCW 9.96.060, RCW 9.94A.640
RCW 9.96.060(5), RCW 9.94A.640(3)RCW 9.96.060(7), RCW 10.97.050
See GR 15
GR 15
GR 15
GR 15(c)(2)(C)w12
GR 15(c)(4)
RCW 13.50.260
RCW 13.50.260(6)(a)RCW 13.50.260(8)(a)RCW 13.50.270
A Guide to Sealing and Destroying Court Records, Vacating Convictions, and Deleting Criminal History Records in Washington
State, Washington Courts, www.courts.wa.gov/newsinfo/content/GuideToCrimHistoryRecords.pdf (July 2017).
RCW 9.96.060, RCW 9.94A.640, RCW 10.97.050
RCW 10.97.060
RCW 13.50.260(6)(a)27

Washington Reentry Guide

Voices of Reentry: Sherry

Sherry left prison for the last time eight years ago.
On life after release: The first week that I got to Oxford House, I was really shaky. Nothing was like I’d expected
it in my mind, and I wanted to leave but my DOC officer wouldn’t let me. I wasn’t locked up that long that time,
just 29 months, and just going to the grocery store was huge, all the choices that you had to make. It’s just really
all about reaching out and finding support and having support being there.
On life after eight years: I bought a house, I have a car, I have credit cards. A lot of my crimes were property
crimes, so there’s a lot of things I never imagined being able to have again. My daughter and my grandkids
and I are the ones who got the house together. My daughter has had her daughter Destiny back since about
six years ago also.
On what she’d tell someone just about to leave prison: Grab all the support you can. Don’t be so hard on
yourself, just do the next great thing and things will be okay. It’s really just one step at a time, because you getout and you do want all these things to happen, you want it all now because that’s what you’re used to. Being
a drug addict, which I believe 90% of incarcerated people are, we want everything NOW, that’s how our minds
work. We want quick results. But life isn’t that way, you do have to work hard for what you get. If you keep doing
that, you will get things, things will end up how they are supposed to be. And even more important, you will bein the position to restore family and friend relationships in your life and finally have some peace.

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Chapter 2: Debt
The Bottom Line•

Except for child support, taxes, and legal financial obligations (LFOs), you will not be jailed for failing to
pay your debt. However, getting behind on your debts can have other consequences, such as lowering yourcredit score and making it more difficult to get a loan.

•Your borrowing history is reflected in your credit score, a number between 300 and 850 (higher is better)that indicates how good a job you have done at paying back your debts. When you apply for a job or anapartment, or try to get a credit card or a loan, the person processing your application may look at yourcredit score. If your score is too low, you may be rejected or you may have to pay more when you take out
a loan. You can improve your credit score by making regular payments on your debts. Visit www.consumer.
ftc.gov/articles/0152-credit-scores for more information on your credit score and how you can improve it.

•

If you have so many bills that you cannot pay them all, think about which are the most important to pay off
first. In general, you should prioritize paying your LFOs, child support, and debts related to basic necessities
like food, utilities (e.g. heat, water, and electricity), essential medical expenses, and housing. See section 6
for more information on prioritizing your debts.

•

If you have debt, you may be contacted by collection agencies. There are rules about what a collection
agency may and may not do when they are trying to collect a debt; for more details about what a debt
collector may and may not do, see sections 15-18.

•

Debt that you have not made payments on in more than six years is called time-barred, or stale debt. Thismeans that while collection agencies or creditors may still contact you about it, if they attempt to sue you,
you have a defense that the debt is time-barred. Note that making a payment on the debt will reset the sixyear clock, so debt collectors will often try to get you to make a small payment on an old debt. If you think
you have stale debt that someone is trying to collect, it is a good idea to talk to an attorney.

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Chapter 2: Debt

DEBT
Introduction
This document contains information relating to your debt and debt-related issues that you may face while
incarcerated and post-release. We have also provided you with important information about how to get a copyof your credit report, how to dispute incorrect information on your credit report, and how credit will affect youreveryday life. At the end of this chapter, we have also included a glossary of common debt-related terms, a listof resources that you may find useful, and copies of forms that will help you along the way.

Understanding Your Debt
1. What types of debt and financial obligations might I have?
Examples of the types of debt1 you may have include legal financial obligations (LFOs)2, civil penalties (such as
traffic tickets), child support, medical bills, rent or mortgage payments, utility bills and other living expenses,
auto loans, credit cards, payday loans3, student loans and taxes.

2. Can falling behind on my debt or financial obligations send me back to jail or prison?
If you fail to make child support payments4 or pay your taxes,5 you can be subject to criminal prosecution andsent back to prison. If you do not pay the required child support, you may also face jail time because of a civil
proceeding. It is common that the person to whom you owe child support will take you to court and obtain ashow cause order, which is an order that says you owe the money and that you may be jailed for not paying.
Then if you are pulled over by the police for a minor traffic infraction, for example, you will be taken directly
to jail until you pay the child support.6 Additionally, failing to pay LFOs is a crime for which you could be sent
back to prison.7 It is not a crime to fall behind on other types of debt, and failing to pay other debts would not
subject you to imprisonment.

3. What types of debt might I have? How do I find out how much I owe?
There are a number of common types of debt that you may have accumulated, and you can always find out how
much you owe, though the process will be different depending on the type of debt and to the kind of creditor.
You may have legal financial obligations (LFOs) related to your conviction. To check if you have any LFOs, you
can contact the County Clerk’s office for the county in which you were sentenced.8 For more information on
LFOs, see the LFOs chapter in this Guide.
Civil penalties, like LFOs, are imposed by legal processes, but are the result of civil infractions rather thancrimes. Some examples of civil infractions that may result in fines or other financial penalties include failure to
pay traffic tickets, parking tickets, Good to Go tolls, or court-ordered sanctions.9 These fines are paid to districtor municipal courts, depending on which police agency issued the ticket and where it was issued.10 If you havereceived a ticket or citation, it will include the name, address and contact information for the court to which
you need to pay the fine. You can also find out how much you owe directly from the court.11 If you were issued acitation by the State Patrol, you can contact the district court in the county where you received it.12 If you need
information about any civil penalties related to traffic violations, you can request a driving record from the
Department of Licensing (DOL) (fee $13), which will include information on your driving convictions, violations,collisions, and license suspensions.13 You can also have a family member or friend print out a driving record
request form: www.dol.wa.gov/driverslicense/drivingrecord.html.14

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Child support obligations are generally owed on a monthly basis. The amount of child support is determined bya court based on the number and ages of the children and the parents’ respective incomes. The court orderingchild support payments can also make adjustments if you are unable to pay.15 You can only adjust the amountof child support once every two years and you must show a change of circumstances.16 To find out how muchchild support you owe, see the Child Support chapter of this Guide.
If you have any unpaid medical bills, you can determine the amount owed by contacting the particular doctors
or medical providers. The relevant contact information can usually be found on the Internet or on a bill fromyour provider’s office.
In order to determine the amount of housing payments owed, you should request a statement of obligations
from your landlord or property manager (if you rent) or the bank or mortgage lender (if you own your home
and are making mortgage payments). Upon your request,17 landlords are required by law to provide at least one
replacement copy of a written lease during the term of the lease and written receipts for any payments you
have made.
For other loans, like auto loans, credit card balances, payday loans and student loans, you should contact thelender directly to find out your remaining balance. There are also loan calculators online (for example, at www.
calculator.net/loan-calculator.html) that can help you get a rough estimate of the remaining balance. Most
lenders will also have websites where you can check your loan balances and related information, or have atrusted family member or friend do that for you. The first time you use such a website, you will need to create an
online account, which will require identifying information such as your loan number, Social Security number, andcontact information. After that, you will need to log in with the user name and/or account number, password,
and possibly additional personal information that you provided when you created the online account.
For payday loans, you should contact the lender directly and request a written statement of your debt. Do notgive a payday lender your bank account information or a post-dated check, because this gives the lender the
power to automatically withdraw funds from your bank account, which could cause an overdraft and fees if you
don’t have enough money in your account, or remove money that you need for essential living expenses likerent or groceries.18 Additionally, some payday lenders will attempt to make withdrawals in excess of what you
have authorized if you provide them bank account access information.
For federal student loans, you can check your loan and balance through the National Student Loan Data System
at www.nslds.ed.gov. You will need your social security number, personal information, and Federal Student Aid(FSA) ID. You can create an FSA ID on any federal student loan website (including nslds.ed.gov). If you haveprivate student loans, you should contact the lender directly or check their website.
You can check your federal tax obligations with the IRS by calling 1-800-829-1040 or visiting www.irs.gov.
They will be able to give you information gathered from the forms they have received, such as tax returns you
filed or wage and income statements they have received. Their reports are called transcripts and you will needto have your identifying information available in order to access it.

4. What is a credit report? What is the impact of my credit rating?
When assessing your finances, you should obtain a credit report from one of the main credit reporting agencies(CRAs): Equifax (www.equifax.com), Experian (www.experian.com) and TransUnion (www.transunion.com).
Your credit report is a record of all the debts you have taken out and your progress towards paying themback. The three major CRAs are required by federal law to give you a free report once per year.19 Additional
credit reports from these major CRAs range from $10–$40, depending on the package you purchase. Your
credit history will also be reflected in your credit score, a number ranging from 300-850 (higher is better)that indicates how good a job you have done at paying back your debts. Note that your credit score may not

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Chapter 2: Debt

be included in a free credit report from a CRA, but you can approximate your score for free on websites likecreditkarma.com.
Businesses use your credit report to decide if they want to lend you money or give you a credit card. Sometimes,
employers look at your credit report when you apply for a job. Cell phone companies and insurance companies
look at your credit report, too. If your credit score is low, you may be rejected, or you may have to pay morewhen you take out a loan. You can improve your credit score by making regular payments on your debts.
Visit www.consumer.ftc.gov/articles/0152-credit-scores for more information on your credit score and how to
improve it.
Because your credit has such a significant impact on your finances, it is important to know what your credit
report says about you and to make sure all the information is correct. Though each agency organizes theinformation differently, all credit reports contain the same basic categories of information including:•Identifying information: Your name, address, Social Security number, date of birth and employment
information are used to identify you.

•

Credit Accounts: Lenders report on each account you have established with them. They report the typeof account (bankcard, auto loan, mortgage, etc.) the date you opened the account, your credit limit or loan
amount, the account balance and your payment history.

•

Credit Inquiries: When you apply for a loan, you authorize your lender to ask for a copy of your credit report
and these inquiries will appear on your credit report. The inquiries section contains a list of everyone who
accessed your credit report within the last two years. The report you see lists both “voluntary” inquiries,
prompted by your own requests for credit, and “involuntary” inquires, such as when lenders order yourreport so as to make you a pre-approved credit offer in the mail.

•Public Records and Collections: Credit reporting agencies also collect information from public records
like state and county courts and information on overdue debt from collection agencies. Public record
information includes bankruptcies, foreclosures, lawsuits, , liens and judgments.20 People can also see if acreditor has received a court order to garnish your wages.21

As you can see, your credit report has a lot of information. Check to see if the information is correct. Is it yourname and address? Do you recognize the accounts listed?
If there is wrong information in your report, try to fix it. You can write to the credit reporting company. Askthem to change the information that is wrong. You might need to send proof that the information is wrong – forexample, a copy of a bill that shows the correct information. The credit reporting company must check it out
and write back to you. However, your credit report will not contain information about every debt that you owe,
so you should check the other sources listed below to get a full picture of your circumstances.

5. How can being incarcerated affect my credit rating?
A good credit rating can help you get a loan more easily, get better interest rates, obtain an apartment and job,or pay less for deposits on utilities and auto insurance. Businesses use your credit score, which is contained onyour credit report, to learn about you before they lend you money. A high credit score means you have good
credit. A low credit score means you have bad credit. Different companies have different scores. Low scores arearound 300. High scores are around 700-850.22
Your credit rating may suffer during incarceration because you may be unable to manage your finances or
pay your existing debts and bills. Additionally, some credit providers may close your account because of yourincarceration. This may reflect negatively on your credit score.

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Washington Reentry Guide

Different companies have different policies on imprisoned credit holders. You can learn about these policies bycalling the company and requesting general policy information without identifying yourself.

6. Are there some debts which I should pay before other ones? Which ones?
The Northwest Justice Project has a useful guide for helping you determine which debts to prioritize paying off.
The following is largely derived from “Prioritizing Debt: Which Bills do I Pay First?” by the Northwest Justice
Project, listed in the Resources section below.
First, it is important to understand the difference between secured and unsecured debt. Car loans or mortgages
are examples of secured debts. This means that your promise to pay the debt back is secured by a piece ofproperty known as collateral (in this case, your car or your house). If you don’t pay secured debts, your car orhouse or other collateral could be repossessed or foreclosed, so it is important to keep your payments on thesedebts current. Sometimes you will still owe the creditor some remaining balance even after they’ve repossessed
the collateral and sold it. This is called a deficiency, and most times it will also include the amount that thecreditor had to spend to repossess and sell the collateral.23
Credit card or medical debts are examples of unsecured debts. This means that initial extension of credit was
based solely on your promise to pay it back. If you don’t pay unsecured debts, you may be contacted bya collection agency. Since there is no collateral, there is nothing that can be repossessed; however, it is still
important to pay your unsecured debts because not paying them can damage your credit score and result inyour being sued and your wages possibly being garnished to pay a judgment.
In general, secured debts are a higher priority because if you don’t pay you could lose the collateral. However,there are some exceptions. Here is a priority list of the types of debts that you may have and the best order to
pay them:•

LFOs. As discussed above, failure to pay your LFOs could result in wage garnishment or an order sending
you back to prison.

•

Family necessities like food, essential medical expenses, housing, and essential utilities. Housing bills,
including rent, mortgage payments, real estate taxes, and insurance are important because failure to pay
these items can result in you or your family losing your residence. Essential utilities are things like heat,water, and electricity, which your family needs to survive.

•

Car loans or leases, IF you absolutely need your car to get to and from work. Car loan or lease payments
are particularly important when the car is necessary to get to work or other essential transportation. If yourcar is extremely important, then you should be sure to make all of your car payments on time. Even one
missed payment can result in your car being repossessed. If you use a car, remember to also make sure you
have car insurance, as required by Washington state law. If you do not absolutely need a car for your job orsome other essential purpose, this can move down the priority list significantly.

•

Child support. You absolutely must pay child support debts, which will not go away and can have serious
consequences, including prison time for nonpayment. For more information on child support payments,
see the Child Support chapter of this Guide.

•

Student loans. If you are in default on your federal student loan debt, the Department of Education may beable to garnish your wages or Social Security benefits. They may also be able to take your tax refund, if you
have one. Therefore, it is important to make payments on your federal student loans if you can. Note that
if you have private student loan debt, your repayment options are different. Contact a lawyer or visit www.
studentloanborrowerassistance.org for more information.

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Chapter 2: Debt•

Income tax debts. It is very important to pay any income taxes not automatically deducted from your wages.
You must file your federal income tax return even when you cannot afford to pay what is due to the IRS.24

The following debts should be a lower priority: unsecured loans like credit cards, hospital bills or open accounts
with merchants, and secured loans with only household goods as collateral. For example, it is likely easier tolive without a piece of furniture or an appliance than it would be to deal with the legal ramifications of failingto pay LFOs or child support.
Most credit card debts and medical bills are low priority when you have no pledged collateral for these loans.
There is little that creditors can do to hurt you in the short-term.25
Do not move a debt up in priority when a creditor threatens suit. Many creditors do not follow through with
their threats of lawsuits. Even if they sue, it will take a while for them to be able to reach your property, bankaccount or wages. And even if the court issues a judgment in favor of the creditor (known as a court judgment),
many of your assets will be protected. In particular, the creditor will not be able to take from you:•

Most forms of government assistance;•

A certain portion of your wages;•

Clothing;•

Household goods;•

Equity in a motor vehicle or a home•

Work tools; or•Other miscellaneous property, all up to specified limits.26

In contrast, non-payment of rent, mortgage, and car debts may result in immediate loss of your home or car.27
Do not pay any amount for goods that were defective when purchased, or any amount requested by creditors
whom you do not owe. If you think these situations apply to you or you have another legal defense, seek legal
advice, such as from the National Consumer Law Center or the National Association of Consumer Advocates(see link in the resources below). Remember that it is dangerous to stop making mortgage or rent payments
without legal advice, as it could result in you losing your residence.28
Take court judgements very seriously. If a creditor or collection agency obtains a court judgment against you,that debt should move up the priority list because the creditor can then enforce the judgment by asking thecourt to seize your property, or garnish a portion of your wages or bank account.29 It is better to communicate
with the creditor or its attorney and voluntarily set up a payment plan than to ignore the judgment and force
the creditor to seek alternate collection methods, such as wage garnishment.30
The Northwest Justice Project suggests that you should be polite to collectors but make your own decisions
about which debts to pay based on what is best for you and your family. Debt collectors will not give you good
advice, and may be most aggressive about the debts you should pay last, so their efforts should not affect yourdebt priorities.31

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7. Can collection agencies collect debt from me while I am incarcerated?
There is nothing about being incarcerated that prohibits a collection agency from attempting to collect a debt
from you. However, you can often negotiate repayment terms for a valid debt with a collector. Notifying yourcreditors that you are incarcerated and requesting that they freeze interest or give you a more flexible payment
plan can be a good idea. Note that creditors are not obligated to give you any special treatment with payment
plans and negotiations simply because you are incarcerated.
Additionally, there are no restrictions on a creditor’s ability to contact you or your family members while you arein prison. However, unless your family members are co-borrowers on the debt, it will not be their responsibility
to repay or otherwise address it.

8. What are the first things I should do about debt while incarcerated?
It is important to figure out whom and how much you owe, and then verify that the amounts are correct. Thatbeing said, it will be difficult, if not impossible, to do this while you are in prison.
It can be extremely helpful to give a trusted family member or friend a Power of Attorney (POA) for financial
matters.32 The POA allows you to name an attorney-in-fact (the trusted family member or friend) to act on
your behalf while you are incarcerated. They can legally make decisions for you and have access to your bankaccounts, which can make it easier to access finances. Most creditors will not discuss your accounts or debts
with someone other than you or your attorney-in-fact.33 If you do decide to grant POA to someone, make sure
you can trust them. You are legally bound for the actions of someone employing a valid POA on your behalf. Ifthey make an agreement, you must honor the agreement. If they break the law, you can be punished.34
Whether you do it yourself or through an attorney-in-fact, you should contact all of your creditors (or collection
agencies, if they are attempting to collect from you). Let them know that you are incarcerated and try tonegotiate a manageable payment plan for your time in prison. Ask if they will at least freeze the interest on yourdebt while you are incarcerated. Be especially sure to notify the Division of Child Support (DCS) at (800) 4576202 that you are incarcerated. This will show you are doing your best to keep up with payments, and they may
allow you to work out a more reasonable payment plan. We should emphasize that keeping debt from growing
is the best strategy. There are fewer forms of relief once debt has accumulated.
Once you have negotiated or attempted to negotiate modified payment arrangements, figure out which debts aremost important and make sure to pay those first, as explained in Section 6 above. For the most important debts
and bills, you may want to consider asking a family member or friend to help you stay current while incarcerated.
Since you likely won’t have access to external bank accounts while in prison, you will need to authorize a family
member or friend to access your external bank account(s), or transfer money into your inmate account before
your sentence begins, in order to make payments while incarcerated. You may also want to cancel any services,such as cell phones or television that are not essential to you or your family.

9. What can I do while in custody to minimize the negative effects of my debt?
Keep thorough records of communications with collection agencies. Your success in a later unfair debt collection
claim often depends on the amount and strength of the proof you have. The Northwest Justice Project suggests
you keep all correspondence and materials (including envelopes) from collection agencies in a safe place, andkeep notes of every phone call from a collection agency to you or anyone else (including date, time, content
and names of all persons involved in the conversations).35

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Depending on your circumstances, you may want to file for bankruptcy. Bankruptcy allows a person to start
fresh by forgiving most debts. Some debts such as certain taxes, money owed to government entities and childsupport cannot be forgiven in bankruptcy.36,37 Bankruptcy is a lot of work and can be done with or without theassistance of an attorney. A bankruptcy filing will stay on your credit report for ten years. If your credit scoreis below 600 when you file, your credit score will likely increase after you file because most of your debts are
forgiven. After bankruptcy, you have to work to continue increasing your credit score. For several years after
you file, you may have to pay a higher interest rate on any secured debt, like car loans.38
Consult with an attorney to see if bankruptcy is right for you. You could also have a family member orfriend visit the U.S. Courts “Bankruptcy Basics” guide (www.uscourts.gov/FederalCourts/Bankruptcy/
BankruptcyBasics.aspx) and Washington Law Help bankruptcy section (www.washingtonlawhelp.org/issues/
consumer-debt/bankruptcy) and print out resources and guides. Keep in mind that LFOs are generally notdischarged in bankruptcy.39

10. What can I do about traffic tickets or other non-criminal fines that accumulate while I
am in custody?
Washington traffic ticket fines vary by jurisdiction.40 If you have the money, obligations like traffic tickets andcivil penalties should be a priority and should not be ignored. If you cannot pay the tickets, you should contact
the court to arrange a payment plan. This can keep the court from suspending your driver’s license41 or sending
your fine to a collection agency. Calling the court before the payment deadline and explaining why you will missa payment will likely result in the court being more lenient with you. Courts can extend the deadline for payment
if you have a good reason.42 Once a fine is sent to a collection agency, the agency will charge additional fees
and interest. These can add up to much more debt than you anticipated. Additionally, the fines for tickets willgrow over time, so immediate payment is the most cost-effective approach. If your driver’s license is suspended
as a result of unpaid tickets or other debts like child support, you will encounter additional challenges. See theIdentification chapter for more information.
You also can request that the court allow you to do community service instead of paying the fine. However, a
court does not have to do this.43
If the case for your infraction is pending when your sentence begins, contact the court using the information on
its website or the correspondence related to the case and inform court staff that you will be unable to attend
any hearings.

11. What happens to the funds I earn while incarcerated or on work release?
Funds that you earn while incarcerated are deposited into an inmate trust account for you. Funds that you
earn while participating in a work release program, minus payroll deductions required by law, are held by the
Department of Corrections and released to you upon discharge or put in your inmate trust account if you
return to prison.44 Any funds that remain in your inmate trust account when you are released must be madeavailable to you.45

12. What happens to my bank account while I am incarcerated?
Your bank account will be unaffected by your incarceration unless you do something to change it, like authorize
another trusted user or transfer the funds and close the account. Being incarcerated does not stop any automatic
payments that you previously arranged. If you do not have enough money in the account, your account canbecome overdrawn.46 If you have no bank account, you will want to open an account to process your debt

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payments. Be careful that you do not write checks that are not covered by the amount in your account, becausethat will subject you to overdraft fees, which can be very significant.

13. How do I use my bank account while incarcerated?
While you are incarcerated you are not allowed to open a bank account or make any withdrawals or deposits toany bank accounts, investments, certificates of deposit, or credit accounts outside of your inmate trust account.
You are also not allowed to bank through the mail or conduct any monetary transactions except through yourinmate trust account.47 Your inmate trust account is a non-interest bearing trust account where funds that you
earn or receive from family or friends are deposited, subject to certain mandatory deductions, and available forlimited use upon request.48 The mandatory deductions are made for LFOs, contributions to the public safety andeducation account for the purpose of crime victims’ compensation, contributions to your personal inmate savings
account, child support, and contributions to the Washington Department of Corrections to offset part of the costof your incarceration.49 The percentage of each deduction varies depending on the source of the deposits.50
LFO payments are forwarded to the county of your conviction twice a month.51 Crime Victims’ Compensation(CVC) is sent to the Department of Labor and Industries to assist victims of crime.52 The amount deducted
for savings is held in your personal inmate account, which you may not access until you are released fromincarceration, unless the Department of Corrections determines that you have an emergency.53 Child support
is forwarded monthly to the Department of Social and Health Services (DCS). Cost of Incarceration (COI)
payments are used to support the work programs designed to assist people with job opportunities while
incarcerated. CVC and COI payments are essentially taxes on your incarceration, but are not associated withyour judgment and sentence, and therefore the amounts are calculated automatically and are not otherwise a
debt. This means that when money is deposited into your inmate trust account, a percentage can be taken by
DOC to cover CVC and COI. Aside from that, you will not owe them any money, and you do not owe any money
for CVC and COI after you are released. Additional deductions may also be charged against your inmate trust
account depending on your individual obligations and the balance remaining after the mandatory deductions
described above are withheld.
There are two ways that family, friends and other individuals can transfer you funds while you are incarcerated.
First, they can send you money using a private service such as JPAY (www.jpay.com or 800-574-5729),
MoneyGram, or Western Union. For Western Union, they will need your State (WA) and account number (a6-digit Department of Corrections number + your last name, such as 123456Doe). The last name must matchthe DOC database exactly, even if the database does not spell your name correctly, so the sender should checkthe Offender Info page for your DOC number and last name spelling.
Second, they can mail a cashier’s check or money order, which is the least expensive option. A cashier’s checkor money order can be specifically deposited into one of four types of sub-accounts for you: spendable(unrestricted and available for your use, but subject to mandatory deductions), postage (use restricted topostage charges, exempt from mandatory deductions), medical (use restricted to payment of outside medical
services, exempt from mandatory deductions) or education (use restricted to tuition or educational fees,
exempt from mandatory deductions). The sender must have written the applicable sub-account on the cashier’s
check or money order, or the funds will default to the spendable sub-account. Personal checks and cash are notaccepted. Each cashier’s check or money order must be mailed using an outside envelope with your full nameand DOC number, the correct facility location, and a legitimate return address.54
If a family member or friend sends you a cashier’s check or money order through the mail, funds are typicallyposted to your inmate trust account within three working days of the date on the mailroom receipt. If theperson uses one of the money transfer services, funds are typically posted to your inmate trust account within

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one day of receipt by the transfer service, although faster processing may be available during business hours.
The mandatory deductions are taken at the time of posting, and the remainder is available for your use.

Managing your Debt After You Are Released
14. What can I do when I am first released to best manage my debt?
Obtain a copy of your credit report and contact all lenders as described above in Section 3 to determine thebalance owed. Prioritize payment of those debts as described in Section 6. And, of course, you’ll have to seek
employment opportunities to pay those debts.

15. When a collection agency contacts me, what are they required to say?
When the collection agency contacts you for the first time regarding a certain debt, it must provide certain
information, including the following:•

The name and address of the agency;•

The amount of the debt, including the original amount and specific amounts of other costs or interest;•

The name of the creditor;•

A statement informing you that unless you dispute the debt within 30 days after the notice, the agency willassume the debt is valid and correct;•

A statement informing you that, if requested within 30 days, the collector will provide you the name of theoriginal creditor (if different from the collector); and•A statement that, if you notify the debt collector in writing within 30 days of receiving the notice that you
dispute the debt, the collection agency will get verification of the debt and mail it to you.

Every other communication from a collector must clearly disclose that the purpose of the communication is tocollect a debt and that any information obtained from you will be used for that purpose.55

16. Can I stop collection agencies from contacting me? How do I do that?
Under the Fair Debt Collection Practices Act (FDCPA),56 you may stop collection agencies from contacting you
if you notify them in writing to stop contacting you. When you write such a letter to the collection agency, makesure to include the following information:•

Your name and address;•

The account number on the statement received from the collection agency (if you have it);•

The date;•

A statement that you are exercising your rights under FDCPA; and•A statement that you would like the collection agency to stop calling or writing you, or both. 57

After sending the collection agencies written notice, an agency may only contact you to (i) advise you that it
will stop its efforts to collect and (ii) advise you if they intend to take any further action, such as a filing a lawsuit
against you. 58 Note that writing and mailing this letter does not discharge or eliminate your debt and will not

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stop the collection agency from suing you if you fail to pay. It will only stop the agency from calling you andsending you letters; you are still responsible for paying off the debt they were trying to collect. If the collection
agency violates this law, you have the right to sue them for money damages and attorney’s fees.59

17. Can a collection agency contact other people about my debt?
Generally, a collection agency may not contact anyone other than you, your spouse, or your attorney to discuss
your debt.60 They may, however, contact a credit reporting bureau to inform them of the existence of a claim
against you. If they do, and if you notify the collection agency in writing that you dispute all or part of the debt,
they must notify the credit reporting bureau of that dispute as well.
The collection agency may contact your employer about your debt if it has received a court judgment enforcing
the debt.61 Even without a judgement, an agency may contact your employer to find out your address, your homephone number, and where you work. Collectors usually are prohibited from contacting third parties more thanonce unless they give them permission. Other than to obtain this location information about you, a debt collector
generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.62
If a collection agency contacted your employer and the debt has not been enforced by a court judgment,
consult with an attorney to see if the communication was illegal.
Furthermore, a collection agency may not:•

Tell your employer or neighbors about your debt or threaten to do so63;•

Communicate with you or anyone else in your household in any way that is harassing, intimidating,threatening, or embarrassing64; or•Publish or post (or threaten to publish) any list of debtors (often known as “bad debt lists”).65

18. Can a collection agency contact me at any time of the day?
No. Federal law prohibits collection agencies from contacting you or anybody else about your debt between
9:00pm and 8:00am.66

19. What if I think I do not owe the debt the collection agency is claiming I do?
If you do not agree with the debt they are claiming you owe, you must notify the collection agency in writing
within 30 days of receiving their initial notice. Once they receive your dispute, they must stop collection of thedebt until they send you proof that you owe the debt. Such a letter should be sent by certified mail and a copy
should be kept in your records.67 For more information, see Debtors’ Rights: Dealing with Collection Agencies
by the Northwest Justice Project, which is linked in the Resources list at the end of this chapter.

20. Are there any debts that cannot be collected?
“Stale debt” is debt that you have not made any payments on in at least six years.68 This debt still exists, andcollections agencies or creditors can still try to collect it, but if they attempt to sue you to collect it, you have adefense that the debt is time-barred and that you cannot be compelled to pay it.69
Note that if you make any payments on stale debt, the six-year time limit starts over and you will no longer haveany defense against having to make payments. For this reason, collection agencies may try to get you to makesmall payments on stale debt.70 If you believe you have stale debt and someone is trying to collect on it, it is agood idea to talk to an attorney.

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21. Are there types of property or income which are protected from collection agencies?
Which ones?
There are certain kinds of income and property which cannot be taken by an agency to collect a consumer debt.
These are called Exempt Assets, and include:•

Social security income•

Supplemental Security Income•

Temporary Assistance for Needy Families (TANF)•

All pensions: private, federal and civil service (once deposited into your bank account or cashed)•

Labor & Industries (LNI) disability payments; and•Unemployment compensation71

Note that if you took out a payday loan, you likely provided the lender with a post-dated check authorizing thelender to cash it on the date payment is due. This would allow the lender to take funds directly from your bankaccount.72 Forms of income such as Social Security that are deposited into your bank account are not protectedfrom debt collection if you have authorized a payday lender to collect in this manner.

22. What are some examples of things collection agencies cannot do to collect a debt
from me?
Under Washington and federal law, harassment, false or misleading statements, and unfair practices bycollection agencies are illegal. If you believe you are being unreasonably harassed or misled by a collector, you
may be able to sue them. If you win, the law allows you to collect damages and lawyer fees.73 The following are
examples of violations:•

A collection agency threatens to tell your employer or neighbors about the debt, or actually does tell them
about the debt.

•

The collection agency calls at hours the law has called “unreasonable” (i.e. 9:00pm - 8:00am under federal
law or 9:00pm – 7:30am under state law).

•

The collection agency threatens you with illegal action, such as threatening to take money out of yourSocial Security check, taking other exempt property, or threatening arrest or jail time.

•

The debt collector communicates with you or somebody else in your household in a harassing, intimidating,threatening or embarrassing way.

•

The debt collector communicates with you or your spouse more than three times in a week.

•

The debt collector sends you notices that intentionally look like government documents or an emergency
message.74

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23. What should I do if I think a collection agency is violating the law?
If you believe your rights under the Washington Collection Agency Act, Consumer Protection Act, or Fair Debt
Collection Practices Act have been violated, or you are being sued for a debt that you believe is not valid,contact an attorney to see if the agency’s action is actually illegal. If the agency is violating the law, you may beentitled to money damages in a lawsuit. There are also a number of free resources available, including:•Crisis Clinic: Call 2-1-1 in King County;•

Coordinated Legal Education, Advice and Referral (CLEAR) - Call 1-888-201-1014 weekdays
9:10am –12:25pm for areas outside King County.

You can apply online with CLEAR* Online at http://nwjustice.org/get-legal-help.
You may also wish to make a complaint to a state or local government agency. A government agency will notprovide you with legal representation, but may penalize the collection agency so they cannot continue violating
the law. Agencies which take such complaints are:•Department of Licensing
Collection Agency Board
PO Box 9034
Olympia, WA 98507-9034•

Federal Trade Commission
915 2nd Avenue, Room 2806
Seattle, WA 98174

See “Debtor’s Rights: Dealing with Collection Agencies” by the Northwest Justice Project for a listing of local
agencies that take consumer complaints (www.washingtonlawhelp.org/resource/debtors-rights-dealing-withcollection-agenci?ref=FtboC).

24. What do I do if I am being sued for debt collection?
If someone is suing you, you will be personally served with a summons and complaint. The complaint is theinitial document in the lawsuit that lets you know that someone is suing you and why. When you receive thecomplaint, it is very important to respond; if you do not answer the complaint within 20 days, you will be in“default,” which means that the plaintiff (the person who is suing you) will get a judgement for the amount they
asked for without further notice to you.75 The Northwest Justice Project has created a useful guide outlining
your rights and how to answer a debt lawsuit. To access this guide, visit www.washingtonlawhelp.org/resource/
how-to-answer-a-lawsuit-for-debt-collection?ref=q6oFc. If you are incarcerated or cannot access the internet,
you can have a family or friend print out this guide for you. The Northwest Justice Project has also developed
an online tool to help you draft your answer, which is available at www.washingtonlawhelp.org/resource/
answering-a-lawsuit-for-debt-collection-self-help-forms?ref=q6oFc.

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Resources
Documents:•

Bankruptcy Basics, United States Courts,
www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics.aspx•

Consumer Information: Debt Collection, Federal Trade Commission,www.consumer.ftc.gov/articles/0149-debt-collection•

Debtors’ Rights: Dealing with Collection Agencies, Northwest Justice Project,www.washingtonlawhelp.org/resource/debtors-rights-dealing-with-collection-agenci?ref=spz3k#d•

Debtor’s Rights in a Lawsuit, Northwest Justice Project,www.washingtonlawhelp.org/resource/debtors-rights-in-a-lawsuit?ref=F23QP•

How do I Answer a Lawsuit for Debt Collection?, Northwest Justice Project,www.washingtonlawhelp.org/resource/how-to-answer-a-lawsuit-for-debt-collection?ref=F23QP•

Answering a Lawsuit for Debt Collection: Interactive Forms, Northwest Justice Project,www.washingtonlawhelp.org/resource/answering-a-lawsuit-for-debt-collection-self-helpforms?ref=q6oFc•

Money That Cannot Be Taken From You (“Garnished”) to Pay Off a Debt, Northwest Justice Project,www.washingtonlawhelp.org/resource/money-that-cannot-be-taken-from-you-garnished?ref=F23QP•

Payday Loans: What to do if You Get Caught in the Debt Trap, Northwest Justice Project,www.washingtonlawhelp.org/resource/payday-loans-what-to-do-if-you-get-caught-in?ref=F23QP•

Prioritizing Debt: Which Bills do I Pay First?, Northwest Justice Project,www.washingtonlawhelp.org/resource/prioritizing-debt-which-bills-do-i-pay-first?ref=F23QP•For Consumers: How to Get Legal Assistance, National Consumer Law Center,
www.nclc.org/for-consumers/how-to-get-legal-assistance.html

Glossary
Annual Percentage Rate (APR): The yearly interest rate charged for borrowing a loan.
Attorney-in-fact: A person to whom you have given power of attorney.
Bankruptcy: When you are unable to pay your loans or claims against you, you are “insolvent” and can filefor bankruptcy. The process is started by filing a petition with the federal Bankruptcy Court for the District inwhich you reside. A court then divides their non-exempt property among creditors.
Collateral: Something of yours that you pledge as security for repayment of a loan. If you fail to meet theconditions of your loan agreement, you may lose your collateral. Collateral can be real estate, furniture, atelevision, a vehicle, or other valuable property.
Collection agency: Businesses that have the primary business of collecting debt. Whether a business is a“collection agency” is important because such businesses are regulated by the federal Fair Debt Collection
Practices Act (FDCPA) and Washington Collection Agency Act.

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Creditor: A person or company to whom money is owed.
Default: Default occurs when you have not met your legal obligations according to the debt contract.
Exempt assets: Dollar values of categories of assets that creditors cannot take away from you. See RCW
6.15.010 to see a complete list of these assets.
Fair Debt Collection Practices Act (FDCPA): A federal law which regulates collection agencies. It prohibits
collection agencies from communicating with you in certain ways, and requires them to disclose certain
information when collecting a debt from you.
Garnishment: One way that debt collectors can collect debt from you if they received a court order enforcing
the debt. The most common type of garnishment is wage garnishment, which is the process of automaticallydeducting money from your paycheck.
Insolvency: The state of being “insolvent,” which means your debts exceed the value of your assets or you
cannot pay your debts as they become due.
Payday loan: Also known as a paycheck advance, this is a small, short-term loan intended to cover necessary
expenses until you receive your next paycheck. These loans carry very high interest rates.
Power of Attorney: A type of authority that you can give to a trusted friend or family member that allows
them to make legal and financial decisions on your behalf.
Principal: The amount borrowed or still owed on a loan, separate from the interest.
Secured debt: Debt that is backed by collateral to reduce the risk of lending money. If you default on
repayment of secured debt, the creditor can come and take the collateral back; however, they cannot breachthe peace or break and enter to get the collateral. Rather, they can get a court to order you to surrender thecollateral.
Unsecured debt: Any debt where collateral is not involved.
Washington Collection Agency Act: Washington State’s law regulating the way collection agencies cancollect debt.76

1	See Prioritizing Debt: Which Bills Do I Pay First, Washington Law Help (June 2015), www.washingtonlawhelp.org/files/C9D2EA3F0350-D9AF-ACAE-BF37E9BC9FFA/attachments/392FB168-9076-C988-0426-65A2D4DF3B2B/0110en_prioritizing-debt.pdf.
2 	Legal Financial Obligations (LFOs), Washington Law Help (October 2016), www.washingtonlawhelp.org/files/C9D2EA3F-0350D9AF-ACAE-BF37E9BC9FFA/attachments/7611EDF5-5678-4C70-A5EF-1BFC9DAA2611/9915en_legal-financial-obligations.pdf.
3	Payday Loans: What to Do If You get Caught in the Debt Trap, Washington Law Help (June 2013), www.washingtonlawhelp.org/files/
C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/3920C41B-EFB7-FB94-0A54-422A39C7DA5A/0600en.pdf.
4
RCW 26.18.050
5
26 U.S. C. §7201.
6
Michelle Kaplan, SME (Aug. 16, 2017)
7
Bearden v. Georgia, 461 U.S. 660 (1983).
8	See Legal Financial Obligations (LFOs: Understanding How LFOs Work), Washington Law Help, www.washingtonlawhelp.org/files/
C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/391CF18C-CE76-A252-E7CA-E57F02225472/472551SULFOBrochure.
pdf (last visited March 6, 2017); Legal Financial Obligations (LFOs), Washington Law Help (October 2016), www.washingtonlawhelp.
org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/7611EDF5-5678-4C70-A5EF-1BFC9DAA2611/9915en_legalfinancial-obligations.pdf.
9Michelle Kaplan, supra
10	Information – Frequently Asked Questions, Washington State Patrol, www.wsp.wa.gov/information/faqs.htm (last visited March 6,2017).

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11	See How to Pay a Traffic Ticket in Washington, Department of Motor Vehicle, www.dmv.com/wa/washington/pay-traffic-ticket (lastvisited March 6, 2017); Washington State Court Directory: www.courts.wa.gov/court_dir/.
12	Information – Agency Offices & E-Mail Directory, Washington State Patrol, (last visited March 6, 2017) www.wsp.wa.gov/information/
directory.htm.
13	Driving Record, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/drivingrecord.html (last visited March 6,2017).
14 Id.
15	
www.washingtonlawhelp.org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/392E3CD0-E24B-4AAF-235C3DE96A11FE23/3816en.pdf/
16 Michelle Kaplan, supra
17 RCW 59.18.063, 59.18.065.
18	See Payday Loans: What to Do If You get Caught in the Debt Trap, Washington Law Help (June 2013), www.washingtonlawhelp.org/
files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/3920C41B-EFB7-FB94-0A54-422A39C7DA5A/0600en.pdf.
19 See Free Credit Reports, Federal Trade Commission (March 2013), www.consumer.ftc.gov/articles/0155-free-credit-reports.
20 www.myfico.com/crediteducation/in-your-credit-report.aspx
21 Michelle Kaplan, supra
22 www.consumer.gov/articles/1009-your-credit-history
23 Michelle Kaplan, supra
24	See What If You Can’t Pay Your Taxes, NOLO.com, www.nolo.com/legal-encyclopedia/what-if-you-cant-pay-your-taxes.html (lastvisited March 6, 2017); If you owe taxes to the IRS, you have payment options, USA Today (April 9, 2010) www.nolo.com/legalencyclopedia/what-if-you-cant-pay-your-taxes.html (both noting that the penalties for not filing a return are severe).
25	See Prioritizing Debt: Which Bills Do I Pay First, Washington Law Help. 5 (June 2015), www.washingtonlawhelp.org/files/C9D2EA3F0350-D9AF-ACAE-BF37E9BC9FFA/attachments/392FB168-9076-C988-0426-65A2D4DF3B2B/0110en_prioritizing-debt.pdf(Noting that certain property cannot be taken to collect a debt, including $125,000 in equity in your home, your car (up to somevalue), and certain personal belongings).
26	Debtors’ Rights in a Lawsuit, Washington Law Help, 4 (January 2017), www.washingtonlawhelp.org/resource/debtors-rights-in-alawsuit?ref=F23QP.
27	See Debtors’ Rights: Dealing with Collection Agencies, Washington Law Help, 3 (January 2017), www.washingtonlawhelp.org/
resource/debtors-rights-in-a-lawsuit?ref=F23QP.
28	Prioritizing Debt: Which Bills Do I Pay First, Washington Law Help, 4 (June 2015), www.washingtonlawhelp.org/files/C9D2EA3F-0350D9AF-ACAE-BF37E9BC9FFA/attachments/392FB168-9076-C988-0426-65A2D4DF3B2B/0110en_prioritizing-debt.pdf (noting that
it is dangerous to stop mortgage or rent payments).
29 RCW 6.
30 Michelle Kaplan, supra
31	See Prioritizing Debt: Which Bills Do I Pay First, Washington Law Help, 3 (June 2015), www.washingtonlawhelp.org/files/C9D2EA3F0350-D9AF-ACAE-BF37E9BC9FFA/attachments/392FB168-9076-C988-0426-65A2D4DF3B2B/0110en_prioritizing-debt.pdf.
32	See What Happens to My Money if I go to Jail or Prison, Dennis Dwyer Law (December 2016), www.dennisdwyerlaw.com/whathappens-to-my-money-if-i-go-to-jail-or-prison; What Happens to Your Funds after You Get Arrested, Southern California Defense
Blog (April 15, 2015), www.southerncaliforniadefenseblog.com/2015/04/what-happens-to-your-funds-after-you-get-arrested.html.
33 Michelle Kaplan, supra
34	See What is POWER OF ATTORNEY, The Law Dictionary, http://thelawdictionary.org/power-of-attorney/ www.dmv.org/wawashington/traffic-tickets.php (last visited March 6, 2017).
35	Debtors’ Rights in a Lawsuit, Washington Law Help, 3 (January 2017), www.washingtonlawhelp.org/resource/debtors-rights-in-alawsuit?ref=F23QP.
36 Michelle Kaplan, supra
37	Process – Bankruptcy Basics, United States Courts, www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/processbankruptcy-basics (last visited March 6, 2017).
38 Michelle Kaplan, supra
39 1 U.S.C. 523(a)(7); Kelly v. Robinson 479 U.S. 36 (1986).
40	Traffic Tickets in Washington, Department of Motor Vehicles, www.dmv.org/wa-washington/traffic-tickets.php (last visited March 6,2017).
41	See “Got Unpaid Traffic Tickets? How to Avoid Getting Your Driver License Suspended” by The Defender Association’s Racial
Disparity Project, www.washingtonlawhelp.org/resource/got-unpaid-traffic-tickets-how-to-avoid-getti (last visited March 6, 2017).
42	See, for example, Traffic Tickets in Washington, King County, http://kingcounty.gov/courts/district-court/citations-or-tickets/
payment-options.aspx www.dmv.org/wa-washington/traffic-tickets.php (last visited March 6, 2017) (outlining the process forsetting up a payment plan for a citation or ticket).
43	See Got Unpaid Traffic Tickets? How to Avoid Getting Your Driver License Suspended, Washington Law Help (March 2014), www.
washingtonlawhelp.org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/A4F08E58-9AA1-4459-A6F6F5E2E4026896/9354en.pdf.

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44 RCW 72.65.050.
45 RCW 72.09.111(3)(c).
46 Michelle Kaplan, supra
47 Trust Accounts for Offenders, Department of Corrections, 3 (July 2015), www.doc.wa.gov/information/policies/files/200000.pdf.
48 Id.
49 RCW 72.09.111.
50	See id.; Trust Accounts for Offenders, Department of Corrections, Attachment 2 (July 2015), www.doc.wa.gov/information/policies/
files/200000a2.pdf.
51	Legal Financial Obligations (LFOs: Understanding How LFOs Work), Washington Law Help 6, www.washingtonlawhelp.org/files/
C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/391CF18C-CE76-A252-E7CA-E57F02225472/472551SULFOBrochure.
pdf (last visited March 8, 2017).
52	About Crime Victims Compensation, Washington State Department of Labor & Industries, www.lni.wa.gov/claimsins/crimevictims/
about/ (last visited March 8, 2017).
53 RCW 72.09.111(3)(a)(iii).
54	Send Money, Department of Corrections, www.doc.wa.gov/corrections/incarceration/send/money.htm (last visited March 6, 2017).
55	See Debtor’s Rights: Dealing with Collection Agencies, Washington Law Help (June 2015), www.washingtonlawhelp.org/resource/
debtors-rights-dealing-with-collection-agenci?ref=FtboC.
56 15 USC § 805(c).
57	See Debtor’s Rights: Dealing with Collection Agencies, Washington Law Help, 2 (June 2015), www.washingtonlawhelp.org/resource/
debtors-rights-dealing-with-collection-agenci?ref=FtboC.
58	See Debtor’s Rights: Dealing with Collection Agencies, Washington Law Help, 2 (June 2015), www.washingtonlawhelp.org/resource/
debtors-rights-dealing-with-collection-agenci?ref=FtboC.
59	See Debtor’s Rights: Dealing with Collection Agencies, Washington Law Help, 3 (June 2015), www.washingtonlawhelp.org/resource/
debtors-rights-dealing-with-collection-agenci?ref=FtboC.
60	See Consumer Information – Debt Collection, Federal Trade Commission, www.consumer.ftc.gov/articles/0149-debt-collection (lastvisited March, 10, 2017).
61 RCW 19.16.250(10)(b).
62 www.consumer.ftc.gov/articles/0149-debt-collection
63	See Debtor’s Rights: Dealing with Collection Agencies, Washington Law Help, 4 (June 2015), www.washingtonlawhelp.org/resource/
debtors-rights-dealing-with-collection-agenci?ref=FtboC.
64	See Debtor’s Rights: Dealing with Collection Agencies, Washington Law Help, 4 (June 2015), www.washingtonlawhelp.org/resource/
debtors-rights-dealing-with-collection-agenci?ref=FtboC.
65 RCW 19.16.250(3).
66	See Debtor’s Rights: Dealing with Collection Agencies, Washington Law Help, 4 (June 2015), www.washingtonlawhelp.org/resource/
debtors-rights-dealing-with-collection-agenci?ref=FtboC.
67	See Debtor’s Rights: Dealing with Collection Agencies, Washington Law Help, 1-2 (June 2015), www.washingtonlawhelp.org/resource/
debtors-rights-dealing-with-collection-agenci?ref=FtboC.
68 Michelle Kaplan, supra
69	Id.; April Kuehnhoff & Margot Saunders, Nat. Consumer Law Center, Zombie Debt: What the CFFB Should Do about Attempts toCollect Old Debt 4 (2015) www.nclc.org/images/pdf/debt_collection/report-zombie-debt-2015.pdf; Time-Barred Debts, Federal
Trade Commission, www.consumer.ftc.gov/articles/0117-time-barred-debts (last visited Oct. 23, 2017).
70 Michelle Kaplan, supra
71	See Debtor’s Rights: Dealing with Collection Agencies, Washington Law Help, 3 (June 2015), www.washingtonlawhelp.org/resource/
debtors-rights-dealing-with-collection-agenci?ref=FtboC.
72	See Payday Loans: What to Do If You get Caught in the Debt Trap, Washington Law Help, 1 (June 2013), www.washingtonlawhelp.
org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/3920C41B-EFB7-FB94-0A54-422A39C7DA5A/0600en.pdf.
73	See Debtor’s Rights: Dealing with Collection Agencies, Washington Law Help, 3-4 (June 2015), www.washingtonlawhelp.org/resource/
debtors-rights-dealing-with-collection-agenci?ref=FtboC.
74	See Debtor’s Rights: Dealing with Collection Agencies, Washington Law Help, 4 (June 2015), www.washingtonlawhelp.org/resource/
debtors-rights-dealing-with-collection-agenci?ref=FtboC.
75	Debtors’ Rights in a Lawsuit, Washington Law Help, 3 (January 2017), www.washingtonlawhelp.org/resource/debtors-rights-in-alawsuit?ref=F23QP.
76 RCW 19.16.

47

Washington Reentry Guide

Voices of Reentry: Durrell

Durell went to prison when he was eighteen. Though he tried to plan for life
after release, it did not turn out like he expected.
On being released: My mom, my little brother and my little sister came and picked me up. We got in the car andthey were playing Outkast. In the car, listening to music, one of my favorite things to do, my family here…I’ve
never really had that amount of happiness flowing through me. I’m out of here, I finally made it.
On adjusting to life outside prison: I just walked to the store and I’d be happy walking to the store. I went
through that moment of being able to walk anywhere I wanted. I’m very introverted but I found myself talking
to strangers. It’s just that state of euphoria for a while, I loved it. At some point reality sinks in and that goesaway. I was paranoid…I still haven’t lost it, I’m paranoid to this day. I have to know what’s going on around me,
who’s around me, every person who walks past me, you do a threat assessment.
On his difficulty finding a job: Being a young black guy in Bremerton with cornrows and a violent felony on
your record… I applied to every McDonalds in Bremerton and I couldn’t get an interview. I started thinking I justwasn’t going to be able to get a job. And I always knew that if I could ever get an interview, I can talk, present
myself a certain way, forget this piece of paper, give me a shot! But I never ended up getting any interviews on
my own.
On finding his place: I went to the church where my mom and sister went. They took me under their wing andI started working with the maintenance man at the church. Got a little money in my pocket; he was a good
mentor and he talked to me. I saw people doing different things and I ended up getting mentored by anotherguy there who was a minister. They started developing different things with me, they had youth nights andthey’d ask me to do a clean rap. So, I’d write clean stuff and perform it and the kids started to gravitate toward
me, and next thing you know I’m teaching a Bible school class. I do a play with the kids for Christmas, andthrough that, it opened up the door of people saying, “Man, you’re really good with kids!” I don’t even like kids!

49

On what he’d change about the reentry process: I believe a lot of reentry needs to start in prison. Obviously,
there’s the punishment, because you don’t want to make it a happy, fun place to go, but I think the actual
environment in prison has to be addressed. If you’re sending broken people into that type of environmentand you expect them to be better when they get out, you’re already putting the odds drastically against that
individual. I know that I dealt with anger issues and depression before I went to prison and none of those things
are going to be addressed in that environment. You come to accept being dehumanized. It should be mandatory
to get treatment or something while you’re in there so you don’t lose that piece of humanity because somepeople lose it and they don’t get it back.
On probation: We have to address the way they manage people with probation officers. That’s the mostimportant person in your life because they have the power to decide what happens with you. They’re supposed
to be helping you transition, not just handing you a list of places that hire felons. That person is critical at helping
you transition. Your probation officer should be your friend, and I don’t see that dynamic in that relationship.
Durell now works with children as a mentor and serves on the Governor’s Statewide Reentry Council. He is
also active in gang reduction efforts.

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Washington Reentry Guide

Chapter 3: Education and Loans
The Bottom Line:•All DOC facilities in Washington have a range of educational programs that are available to inmates,
including basic education classes for GED preparation, vocational training, and reentry programs. You may
also be able to participate in correspondence courses, which are college or university courses you cantake remotely. Talk to your classification counselor to learn about what educational programs exist at yourfacility and how you can enroll. Note that courses offered through a college or university may have fees
attached; see section 2 for more information. Make sure you keep documentation of any education you
complete while you are incarcerated.

•

If you have student loan debt when you enter prison, contact your student loan servicer as soon as possible
to explain your situation. While it is difficult to get relief from your student loans while you are incarcerated,
you may be able to get a deferment or forbearance or move to an income-based repayment plan. Talk to
your loan servicer for more information about these options. It is very important to keep making paymentson your student loans if you can; missing payments can negatively impact your credit and may result infines and fees. See section 4 for more information, and see the Debt chapter for more information on
managing loans while you are incarcerated.

•

After you are released, your criminal record will not bar you from enrolling in college or other educational
programs. However, some convictions may prevent you from obtaining certain professional certifications.
You may be asked about your criminal record when you apply for educational programs, and it is important
to be honest about your history. Lying about your criminal record can result in your application being
denied, and if a school finds out that you were dishonest on your application after you have already been
admitted, you could be expelled. See section 7 for more information on applying for college or university
after you are released.

•

If you go to school after you are released, you may need help financing your education. Depending on yourcircumstances, you may be able to get loans, scholarships, or work-study programs to help you pay forschool. You can apply for student aid by filling out the Free Application for Federal Student Aid (FAFSA).
Lying on your FAFSA is a federal crime and carries heavy penalties, so be sure that you are being honest.
In most cases, your criminal record will not bar you from receiving federal student aid, but there are some
restrictions for individuals convicted of drug-related crimes or sexual offenses. See section 8 for information
on applying for financial aid, and section 9 for information on eligibility for student aid programs based onyour criminal history.

51

Chapter 3: Education & LoansEDUCATION & LOANS
Introduction
Education is sometimes thought of as a luxury, but for those returning after incarceration, it can be a vital andimportant part of the reentry process. Getting a job can be a challenge with a felony conviction on your record,and obtaining a degree or a new skill can help your reentry journey in several ways: it can provide tangible
skills and knowledge, build self-esteem and a sense of confidence, increase communication skills, and give youaccess to networks and potential employers. Earning a credential or degree can also be used to demonstrate
rehabilitation. Although education isn’t always free, there are a number of resources available to help you pay
for schooling, both in prison and after you are released. In this chapter, we will discuss some of the basic preand post-release options for accessing and paying for educational opportunities. The most important thing toremember is that regardless of your educational background or your conviction history, you have many options
and opportunities available to you. The earlier you start and the more options you explore, the better!

Education and Loans, Pre-Release
1. What educational opportunities are available while I am incarcerated?
Taking advantage of educational opportunities and programs while you are in prison is important for a numberof reasons. They can help you build skills and qualifications you will need to succeed, decide what type of field
you want to pursue after you are released, and earn the necessary qualifications or degrees required in orderto make those goals a reality.
There are different types of educational programs that are available to you regardless of which prison you are
in. These include: Basic Skills Programs (i.e., Adult Basic Education and GED, English as a Second Language andHS21+), Vocational Skills Training (a series of courses or classes necessary to achieve a proficiency standard or
obtain a certificate), Associate Degrees (a series of courses necessary to achieve a two-year degree in Business,
Welding, etc.) and Offender Change Programs (i.e., Job Search and College Readiness). Your ClassificationCounselor and Education staff can help you determine which of these tracks may be right for you, but here’s a
bit more about each:•

Basic Education programs can help you learn new skills and earn your GED. A GED certificate is a substitutefor a high school diploma and is a powerful tool in earning employment after release. At some facilities you
may have the option of enrolling in HS21+ to work toward obtaining a high school diploma. To be eligible
for this you must be 21 or older. When you enter prison, you will be given an education assessment anddepending on the result you may be assigned to Basic Education classes. The priority placement order for
Basic Education programs is listed below, from highest priority to lowest priority:»» Inmates under the age of 22 who have not obtained a high school diploma or GED and have less thanfour years to release.
»» Those 22 or over without a GED or high school diploma and less than four years to release.
»» Inmates without a verified GED or high school diploma who have a low need in Education and morethan four years to release.
»» Inmates who do have a diploma or GED but score below the ninth grade level during initial assessment.
»» If you are a citizen of a country other than the United States, you will be given the lowest priority for
Basic Education programs.1

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Washington Reentry Guide•

Vocational Skills programs (sometimes called Workforce programs, i.e., welding, horticulture, drafting,business, etc.) help you learn a specific skill or trade. Vocational skills can help you prepare for a career
post-incarceration. Your Counselor must refer you to a program based on your job skills, education andhow long you will remain in prison. If you are a citizen of a country other than the United States, you will
be given the lowest priority for Vocational Skills programs. Depending on their popularity, some programs
may have a waiting list.
No fee will be charged for any vocational program that is less than 45 credits, or for the first one-year statecertified program that you complete through the Department’s vocational program. If you participate ina subsequent program, and your counselor has documented that it is associated with your work plan orcommunity employment, you may not be charged a fee. Otherwise, your ability to pay is determined byyour monthly income or the balance of funds in your account. It is the Department of Correction’s policy to
not allow you to go into debt while paying for your education in this way. It is also possible for your familyor third parties to pay for you by making deposits into your account. Monthly income will be determinedby taking the average of your most recent three months’ wages, gratuities and deposits, regardless of thesource. The portion paid by you is determined using the per credit hour fee set by the Washington State
Board for Community and Technical Colleges.

•

There are several workforce degrees offered by community colleges in the prisons. Associate of Applied
Science (AAS), Associate of Applied Arts and Science (AAAS) and Associate of Technical Arts (ATA) are
all degrees that build on technical courses required for job preparation by including college-level general
education components. Priority enrollment for these courses will be given to incarcerated individuals within
five years of release who do not already possess a postsecondary education degree and whose individual
reentry plan includes participation in a postsecondary education degree program.

•

Offender change programs prepare the students for release, whether they are planning on finding a job orenrolling in college. The Job Skills course is focused on reentry to help prepare you for successful integration
into your community. The focus of the course is on helping you find a job after you are released. The College
Readiness course is designed to help you enroll in college and to submit financial aid forms so that when
you are released you are ready to attend college.

•

In addition to the programs above, other educational opportunities may be available to you dependingon your facility. Coyote Ridge Corrections Center, Washington State Penitentiary, Monroe and Washington
Corrections Center for Women have private funding to provide Academic Transfer Degrees (AA).
A number of colleges and universities offer Correspondence classes to inmates as well. A correspondenceclass is a college class that you can take remotely. DOC has a process for inmates to participate in self-paidpost-secondary academic, vocational and theology programs through correspondence education involving
an educational course or series of classes necessary to obtain or achieve a proficiency standard. Courses
are completed through the mail with an accredited educational institution. You must have a verified GED
or high school diploma to be eligible for participation in a correspondence study. You must apply for acorrespondence program under the supervision of your assigned Counselor, in cooperation with the facility
Education Department. Before you begin any correspondence class you must first fill out appropriate forms
that you may obtain though your counselor, and you must be approved. To find correspondence programs,
visit PrisonEducation.com.

There are different opportunities at each facility and your Classification Counselor and Education staff can help
you develop an education plan and answer questions regarding the programs available at your facility.2 Yourclassification Counselor can also help you manage your work schedule so that you can take full advantage of53

Chapter 3: Education & Loans

educational opportunities during incarceration or help you secure a job within your facility that uses your new
skills and builds job experience for your resume.

2. How can I pay for educational opportunities while I am incarcerated?
Higher education programs often have fees attached. Your Classification Counselor can provide additional
information on the available programs and costs associated with such programs.
Unfortunately, inmates at federal and state institutions are generally not eligible for federal student loans while
incarcerated (see Section 8 below to learn more about financial aid after your release).3 The Second ChancePell Program is an important exception, though it is not available to everyone. In July 2015, the Department of
Education announced a pilot Second Chance program, which allows incarcerated US citizens participating in
the program to obtain Pell Grants.4 A limited number of colleges participated during the 2016-2017 school year,
and they served a limited number of prisons. Cedar Creek Correctional Facility was served by Centralia College,
Monroe Correctional Facility was served by Seattle Central Community College and Mission Creek Corrections
Centers for Women was served by Tacoma Community College. If the program is expanded, more or different
facilities may allow the use of the Second Chance Pell Program.5
Your College Readiness instructor or Education Navigator can discuss whether there are local grants, scholarships
or other programs which may be available to fund higher education programs. For example, a reentry navigatorat the community college, college or university in which you are enrolling can provide information on schoolspecific funding opportunities for which you would be eligible.

3. What documentation do I need of education completed while incarcerated?
It is important to keep documentation of any education you may have completed while incarcerated to provethat you completed the program or to receive credit at other educational institutions.
In order to transfer any credits obtained while incarcerated to another educational institution, you will need
to obtain an official transcript. An official transcript is a document that has information about what classes
you have taken and how many credits you have earned. It is possible that not all of your credits earned while
you are incarcerated will transfer; it is up to the educational institution to decide what credits they will accept(although if you earned a degree while incarcerated, all of your credits towards that degree will be transferred).
Additionally, the costs of transcripts vary. If the educational credits were obtained through a college or university,
you can find out more about getting your transcript and how much it will cost by speaking to the education
department at your facility. Each facility has a College Readiness instructor and/or a Reentry Navigator who
may be able to help get transcript fees waived. If your course was taken within the prison facility or offered by
the prison facility, you can get your transcript from your prison’s education staff.
If you have completed your GED, you can request an official GED transcript by contacting the state GED Testing
Administrator where the test was taken (contact information is included below). Additionally, in Washington
and several other states, an official GED transcript may be requested online by visiting www.gedtestingservice.
com/testers/gedrequest-a-transcript.
The current GED Administrator for Federal Prisons is:Federal PrisonsElizabeth Tutwyler
GED Administrator
Federal Bureau of Prisons
320 First Street, NW

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Washington, DC 20534(202) 305-3800
And, the current GED Administrator for Washington is:
Washington
Lou Sager
GED Administrator
State Board for Community and Technical Colleges
1300 Quince Street SE
P.O. Box 42495
Olympia, WA 98504-2495(360) 704-4321
Contact information for administrators of other states may be found at:
www.gedtestingservice.com/testers/ged-testing-administrator.

4. What if I was previously enrolled in higher education and owe student loans while I am
in prison or jail?
If you already have student loan debt when you enter prison, it is important to contact your student loan
provider immediately to explain your situation. Unfortunately, it is very difficult to reduce or stop your loan
payments while incarcerated. The best thing to do is to work to prevent interest and fines that may accumulate
for failing to make payments while you are incarcerated. Once these fines and fees accrue, it can be difficult to
reduce or remove them, so it’s best to work to prevent them. If you need information about your loans, you can
get a statement of your loan balances and status by writing to:
U.S. Department of Education
Default Resolution Group
P.O. Box 5609
Greenville, TX 75403-5609
Although stopping or reducing loan payments while incarcerated is difficult, it is not impossible. Dependingon your circumstances, you may be able to do so using deferment, forbearance, or Income Based Repayment
Programs. If you are incarcerated, you should request an "Incarceration Verification" form from the agency
servicing your loan. This form should be completed by the Warden or other appropriate official at yourinstitution, and then returned to the servicing agency.
Deferments. In some cases, you may be able to defer your loans before you go to prison, meaning you willstop your student loan payments and the interest on your loans will not accrue for one year due to your lack ofincome.6 Depending on what type of loan you have, the federal government may pay the interest on your loan
during the period of deferment. The federal government will pay your interest if you have any of the following
types of loans:•

Federal Perkins Loan•

Direct Subsidized Loan•

Subsidized Federal Stafford Loan•

The subsidized portion of a Direct Consolidation Loan•

The subsidized portion of an FFEL Consolidation Loan7

55

Chapter 3: Education & Loans

If you have a different type of loan, you can still get a deferment, but you will have to pay interest.8
Deferments are not automatically granted, so you will need to work with your loan servicer. A loan servicer isthe company that manages your student loans and handles billing and other services, including deferments.
There should be contact information for someone who can help you on your loan documents. Different loans
have different procedures for requesting deferments. You can find information about these procedures here:
https://studentaid.ed.gov/sa/repay-loans/deferment-forbearance#deferment-eligibility.
Forbearance. If you don’t qualify for a deferment, you should request forbearance. Forbearance means you canstop making or reduce your monthly payments for up to 12 months, but interest will accrue on your loans duringthat time.9 There are two types of forbearance:•

Discretionary Forbearance: Some types of forbearance are discretionary, meaning your lender will decide
whether or not to grant the forbearance. You can request a discretionary forbearance for financial hardship.10•

Mandatory Forbearance: In some circumstances, forbearance is mandatory. For example, if the total
amount you owe each month for all of your student loans is 20% or more of your total monthly grossincome (and you meet certain other criteria) you would qualify for a mandatory forbearance.11

To request forbearance, you should work with your loan servicer. Keep in mind that forbearance does not stop
interest from accruing on your loans, so you will have to pay that additional interest once your payments resume.
Income Based Repayment Program (IBR). IBR is a program that can help you reduce your monthly payments
on federal student loans and make your federal student loan debt manageable. To qualify, you must show
partial financial hardship, which generally means that your income is low in comparison to your student loan
debt.12 Before you apply for IBR, contact your loan servicer – it will be able to answer your questions about
the IBR plan and help you to decide whether IBR is the right plan for your situation. You can also find more
information about eligibility and different payment options here: https://studentaid.ed.gov/sa/repay-loans/
understand/plans/income-driven.
If you are not eligible any of these three options, but you cannot make your student loan payments, you
may still be able to rework your repayment plan so that it better suits your needs. Contact your loan servicer
immediately to find out if this is possible.
It is very important that you keep making payments on your student loan debt. If you miss a loan payment, yourloan becomes delinquent, and it will stay delinquent until you make the missed payment or get a deferment orforbearance. If the loan is delinquent for 90 days, your credit rating will go down. This can make it harder for
you to get a credit card, rent a home or get a cell phone plan.
Depending on the type of loan you have, it may go into default if you don’t make payments for a certain amountof time. A defaulted loan means that you will be immediately required to pay the entire balance to the lender.
Considering that this will almost certainly be impossible, you will also have to deal with collection agencies andmay be taken to court. Defaulting on your student loans could have far reaching consequences for you, so makesure that you keep up with payments and that you take advantage of as many ways to slow down and reduce
those payments as possible.
The Debt chapter has more information on how to handle loans while incarcerated.

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Washington Reentry Guide

5. What can I do while incarcerated to prepare for schooling and financial aid
after release?
Although restrictions exist that prevent people from receiving student loans while in prison, you can still apply
for financial assistance that will take effect upon your release so that you can enroll in school immediately. The
benefit of starting this process early is that you can speed up the enrollment process so that you don’t have to
wait before you start taking classes.
The application process for almost all student aid (including all federal and most state and institutional aid)
begins with the Free Application for Federal Student Aid (FAFSA), which may be completed online (www.
fafsa.gov) or on paper. Your facility’s College Readiness instructor or Reentry Navigator will be able to provide
more information on applying before your release date.13 It is very important that the information you provideon the FAFSA is correct, so if you are unsure of how to answer something, make sure you talk to the education
department. Please note: If you are applying while incarcerated, use your current correction institution’s mailingaddress, but once you are released, you must update your permanent mailing address, which you can do atwww.fafsa.gov. For more information on the FAFSA, see Section 8.
In addition to the FAFSA, male inmates between the ages of 18 and 25 applying for financial aid must also
register for the Selective Service to be eligible for aid.14 Selective Service registration is another way of sayingthat you are required to register for the draft. Even if there is not a wartime draft, all males between the agesof 18 and 25 living in the United States are required to register. While you are in prison, you do not need toregister, but you must do so within 30 days of release if you are 18 or older and have not turned 26 yet. You
still can register in prison if you wish.15 Registration is available online (www.sss.gov) and by mail (forms areavailable at your local post office)16 but you can also talk to your Classification Counselor about the availabilityof forms. Note that if you were continuously imprisoned between the ages of 18 and 26 you should request a
Status Information Letter from Selective Service. This letter will show that you were not required to register due
to being in prison, and you should not be penalized due to not being registered.17 You can find the application
form for a Status Information Letter by talking to your College Readiness instructor or by visiting www.sss.gov/
Registration/Status-Information-Letter. You will need to provide information about your incarceration as wellas supporting documents (a list of acceptable supporting documents is available at www.sss.gov/Portals/0/
PDFs/DocumentationList.pdf), and everything needs to be printed out and mailed to the following address:
Selective Service System
ATTN: SIL, PO Box 94638
Palatine, IL 60094-4638.
If you have served in the military, your Classification Counselor may also be able to provide you with specificstudent loan support available for veterans through the GI bill.

Education and Loans, Post-Release
6. What are my education options when I am released? Are there programs or schools
are aimed at people who are exiting jail or prison?
Regardless of whether you participated in educational programs while you were incarcerated, there are a varietyof educational opportunities that are available to you after your release, including GED programs, technicalcolleges, community colleges, and four-year universities. Ideally, you will have worked with your ClassificationCounselor and Education staff during your incarceration to develop an educational plan to meet your goals andhave a sense of what type of program will meet your needs.

57Chapter 3: Education & Loans

7. How will my incarceration affect my ability to go to school post-release?
In many cases, your conviction history should not affect your educational prospects after jail or prison. Thatsaid, you should be aware that many college and universities will collect criminal justice information during theadmission process, although not all consider it in their admissions process.18 An applicant with a criminal record
may be asked to provide further information, such as a letter of explanation, a letter from a corrections officer
or a personal interview.19 However, research shows that, for the most part, disclosure of a criminal record is more
likely to trigger additional screening rather than automatic disqualification.20
You should never lie about your criminal record on an application. Withholding information during theapplication process can result in your application being delayed or denied. If you withhold information and areadmitted into school, it is possible you can be expelled later if the school finds out about your criminal history.
If you received scholarship dollars from the school and you are expelled for lying on your application, you may
be expected to repay the money.
Some educational institutions have direct relationships with the Department of Corrections and have special
programs to enroll individuals leaving jail or prison. In Washington, there are eight community colleges withthese special relationships. For information on these colleges, see Section 2 (“How can I pay for educational
opportunities while I am incarcerated?”).
Licensed vocational programs are a different matter. Licensed professions like child care, social work, medicine
and finance are regulated by state and federal laws that prevent people with certain criminal convictions
from entering those fields. For example, someone with a delivery or manufacturing of drugs conviction iscategorically barred from working in a Department of Social and Health Services-licensed facility to provide
child or elder care. Some training programs for these jobs will not admit you if you will be prevented from taking
the job because of your criminal history, but some will admit you anyway. If you are not careful, you can wind
up wasting time and money training for a job you cannot have.
If you are put in a position where you are barred from getting a vocational license, you may be able to receive a
Certificate of Restoration of Opportunity, or CROP. This certificate prevents most licensing bodies from denying
your application for a license just because of your criminal history. You still need to meet all other requirements
for the license, and there are some special exceptions for people who would be working with vulnerable groupsof people like children. The convictions also remain on your record.
For more information about a CROP, including how to get one, see “Certificate of Restoration of Opportunity(CROP)” by the Northwest Justice Project at www.washingtonlawhelp.org/resource/certificate-of-restorationof-opportunity-crop. NJP has also put together a packet to help you file for a CROP, available at www.
washingtonlawhelp.org/resource/filing-a-petition-for-certificate-of-restoration-of-opportunity-crop. Both ofthese publications are listed in the Resources section of this chapter.

8. How can I pay for educational opportunities after I am released?
As stated above, the application process for almost all student aid (including all federal and most state andinstitutional aid) begins with the Free Application for Federal Student Aid (FAFSA), which may be completed
online (www.fafsa.gov) or on paper. It is very important that you are truthful when filling out your FAFSA. Lyingon the FAFSA is a federal crime; you can be fined up to $20,000 and/or imprisoned for up to 5 years. You mightalso be charged with other federal and state crimes of fraud. You will also have to pay back any financial aid thatyou obtained through lying, and might be expelled from your school.21 In addition to the FAFSA, all males ages
18 to 25 applying for financial aid must also register for the Selective Service to be eligible for aid, as detailed in“What can I do while incarcerated to prepare for schooling and financial aid after release?”.

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There are several different programs available to you to help pay for education once you’ve been released,
including student loans (that must be repaid), educational grants and scholarships (that do not have to be
repaid), and work-study programs (where you work in exchange for aid). In fact, some types of financial aid,such as Federal Pell Grants, can be used to pay for both educational expenses and living expenses while youare enrolled.
Below you’ll find basic information for each of these.
Student Loans. Like any other kind of loan, student loans are funds that you borrow and will eventually needto pay back. However, student loans can differ widely depending on whether you get a Federal student loan ora private student loan. While there are many more details and differences between these loans, here is somebasic information:•Federal Student Loans are loans funded by the federal government and come with many benefits thataren’t typically offered with private loans. For example, you will not need a credit check or a co-signer toqualify. You will not have to start repaying your federal student loans until you graduate, leave school, orchange your enrollment status to part-time. Interest rates for federal student loans are fixed at a low rate,
and you may qualify for a subsidized loan where the government pays the interest while you are in schoolon at least a half-time basis. When you finish school, you will have several repayment plan options and if you
are having trouble repaying your loan, you may be able to temporarily postpone or lower your payments.

•

Private student loans are nonfederal loans, made by a lender such as a bank, credit union, state agency ora school. Unlike federal student loans, the amount of your loan may depend on your credit score and you
may need a co-signer. Many private student loans require payments while you are still in school and private
student loans are not subsidized, which means that no one else pays the interest on your loan. Private loans
are generally more expensive than federal student loans and often have variable interest rates, meaning theinterest rate will rise and fall over the term of the loan in line with market rates. Repayment options varyby lender and some private loans do not offer forbearance or deferment options if you are having trouble
repaying your loan.22

The chart below explains some of the key difference between federal and private student loans. It’s importantto understand the benefits and risks of taking out either type of loan. You can use the information in this chart
to help guide your decision on what is right for you:

Federal Student Loans

Private Student Loans

You will not have to start repaying your federal
student loans until you graduate, leave school, orchange your enrollment status to part-time.

Many private student loans require payments while
you are still in school.

The interest rate on federal loans is fixed, meaning
it will not change, and is often lower than privateloans – and much lower than some credit card
interest rates.

Private student loans can have variable interest
rates which may rise to greater than 18%. A
variable rate may substantially increase theamount you pay in the end, so this makes taking
out private student loans more expensive.

Undergraduate students with financial need will likely
qualify for a subsidized loan where the government
pays the interest while you are in school on at least a
half-time basis.

Private student loans are not subsidized. No one
pays the interest on your loan but you.

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Chapter 3: Education & Loans

You don’t need to get a credit check for most federal
loans (with some exceptions). Federal student loans
can help you establish your credit record.

Private student loans may require an establishedcredit record. The cost of a private student loan
will depend on your credit score and other factors.

You won’t need a cosigner to get a federal student
loan in most cases.

You may need a cosigner.

Interest may be tax deductible.

Interest may not be tax deductible.

If you are having trouble repaying your loan, you
may be able to temporarily postpone or lower yourpayments.

Some private loans do not offer forbearance
or deferment options, so if you fall behind inpayments, you will have less options to avoid
default.

There are repayment plans, including an option to tie
your monthly payment to your income.

Repayment options vary by lender.

There is no prepayment penalty fee.

Whether there are prepayment fees depends on
the lender and the terms of your loan.

The bottom line is that student loans are expensive no matter whom you borrow from, so you should thinkcarefully about how much you can afford to borrow and what your plan is for re-paying. For example, in
2016, the average university graduate had $37,172 worth of student loan debt, and the average monthly debt
payment for a person between 20 and 30 years old was $351.23 While some student loans may be necessary,
there are other forms of financial aid that offer money that does not need to be paid back, and you should takeadvantage of as many of these forms of aid as possible before turning to loans.
Grants & Scholarships. Unlike student loans, which need to be repaid, educational grants and scholarships are
considered “gift aid” because you do not need to pay them back. There are a number of different options forboth types:•

Scholarships are usually “merit-based” aid, which means that regardless of how much money you have,your eligibility will be determined by your academic achievements, special talents, or unique demographic
traits. Unlike most loans or grants, where your past convictions might make you ineligible, most scholarship
applications do not ask about criminal history24. Scholarships are available from a number of different
sources, including faith-based organizations and churches, tribal governments, and more. Additionally,
individual educational institutions will have unique scholarship opportunities, so you should contact them
directly to learn more. Scholarship search websites are also good resources. Put in information about who
you are, how much money you have and your academic interests, and the website can show you potential
scholarship opportunities. The College Board runs one such website that you can find here: https://
bigfuture.collegeboard.org/scholarship-search.

•

Grants are often “need-based” aid, meaning that the amount that you get is determined by yourfinancial situation. Educational grants can come from a number of different sources including nonprofit
organizations, private foundations, state and local governments and the Federal government. Washington
Opportunity Grants are available at many colleges, and help low-income students complete up to one
year of college and earn a certificate in a high-wage, high-demand career. For more information about
Washington Opportunity Grants, visit www.sbctc.edu/paying-for-college/opportunity-grant-student.aspx.
There are several different types of Federal grants, including Federal Pell Grants and Federal Supplemental
Educational Opportunity Grants (FSEOG). Federal Pell Grants provide need-based funds to low-income

60Washington Reentry Guide

students who are pursuing an Associate or Bachelors degree, regardless of their school. The amount offereddepends on your financial need, costs of attending school, status as a part-time or full-time student, andwhether you plan to attend school for a full academic year or less. You can have the Grant be paid directly
towards your tuition or you can receive a cash payment. The maximum Pell Grant award for the 2015-2016
school year was $5,775.20, and you can only receive Pell Grant funds for a maximum of twelve semesters(six years).25 FSEOGs are “campus-based,” which means that there are a limited number of grants available
per school and not every school participates.26
Work-Study Programs. Work-study programs are sponsored by the federal government and provide funding
for students to work to pay for school. However, there are a number of important differences between a workstudy job and a regular job: With a work-study job, you will apply through your school, you will be paid by yourschool, and you will work either at your school or an organization that partners with your school. The kind ofwork you do is also different: usually the job you do will be related to your course work or to civic education.
And unlike a regular job, there is a limit to how much you can work and how much you can earn. Your work
hours will be determined by your academic progress and your class schedule, and you will not be able toearn more than your total work-study award. You should be aware that work-study opportunities are generally
available on a first-come, first-serve basis, so if you are interested, you should apply as soon as possible.27

9. How does my conviction history affect my ability to get financial aid to help pay forschool?
Generally speaking, eligibility restrictions on financial aid programs will be removed once you are released. Aslong as you are meeting the conditions of your sentence (such as probation, community supervision, or living
in a halfway house) you will likely be eligible for federal student aid.
However, you should be aware that for some, obstacles do exist. A few of these barriers are outlined below:•

Financial aid restrictions for drug-related convictions: When applying for aid, you will be asked whether
you had a drug conviction for an offense that occurred while you were receiving federal student aid. If theanswer is yes, you will be provided a worksheet to help you determine whether your conviction affects
your eligibility for federal student aid. Note that this restriction only applies if you were already receiving
federal student aid when you were convicted.28
Even if you are not immediately eligible, this may not be permanent. For example, if you have a conviction
for possession, your eligibility for financial aid resumes after one year for a first offense or two years for asecond offense. After a third offense, you will remain ineligible indefinitely. For a sale conviction, eligibility
resumes after two years for a first offense, but ineligibility is indefinite for a second offense. If you areconvicted of a drug-related offense after beginning the federal aid application process, you might loseeligibility for federal student aid, and you might have to re-pay any financial aid you received during aperiod of ineligibility.
If your eligibility for federal student aid has been suspended due to a drug conviction, you can regain
eligibility early by successfully completing an approved drug rehabilitation program or by passing
two unannounced drug tests administered by an approved drug rehabilitation program. If you regain
eligibility during the award year, notify your financial aid office immediately.

•

Financial aid restrictions and sexual offense convictions: Other funding restrictions apply to some sex
offenses. If you have been convicted of a forcible or non-forcible sexual offense, and you are subject to an
involuntary civil commitment upon completion of a period of incarceration for that offense, you cannot
receive a Federal Pell Grant.29

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Resources
Documents:
Certificate of Restoration of Opportunity (CROP), Washington Law Help,
www.washingtonlawhelp.org/resource/certificate-of-restoration-of-opportunity-crop
Filing a Petition for Certificate of Restoration of Opportunity (CROP), Washington Law Help,
www.washingtonlawhelp.org/resource/filing-a-petition-for-certificate-of-restoration-of-opportunity-crop

Resources to help you find and access educational programs:•

The Adams State University Prison College Program, located in Colorado, provides university-level
correspondence courses to people in prisons all over the US. It offers undergraduate degrees of all
kinds, as well as a Master of Business Administration degree. Each student is also assigned an advisor
as a single point of contact. For more information visit www.adams.edu/extended_studies/undergrad/
prisoncollegeprogram.php or contact:»» Jim Bullington, Prison Program Student Advisor: (303) 241-0550•

The College Board Scholarship Search (https://bigfuture.collegeboard.org/scholarship-search) can help
you find scholarships you may wish to apply for. The College Board is a non-profit organization that works
to connect students to college success and opportunity. Its scholarship search covers over 2,000 programs.
By entering information about yourself, your financial situation and what kinds of classes you are interestedin, the system will show you scholarships that apply to you.

•

The Freedom Education Project’s (www.fepps.org/) mission is to provide a rigorous college program toincarcerated women in Washington and create pathways to higher education after women are released
from prison. The Project believes that education reduces recidivism, teaches valuable employment skills,
prepares people for life outside prison and helps them to become providers, leaders, and examples for theirfamilies and communities.
»» Phone: (206) 729-2480•

People for People (www.pfp.org/pfp/index.aspx) is a non-profit organization that provides career
counseling, training, tuition assistance, job placement assistance, and follow up career counseling. To be
eligible for the adult program, you must be 18 years of age or older and low-income. If you are a maleborn after December 31, 1959, you must also be registered for Selective Service. People for People has job
training services in Skamania, Yakima, Klickitat and Kittitas counties.

•

Pioneer Human Services (http://pioneerhumanservices.com) contracts with the Department of Corrections
and the Federal Bureau of Prisons to offer reentry programs and work release facilities.

•

The Post-Prison Education Program (http://postprisonedu.org) offers hope and creates opportunity forpeople returning to society by providing access to higher education. Imprisoned and formerly imprisoned
people are offered the tools and human support they need to find gainful, meaningful employment, andbreak free from cycles of hopelessness, poverty, and imprisonment and become leaders for change.
»» Phone: (206) 524-3333•

You can find a variety of educational resources, including a list of recommended correspondence courses,
at www.prisoneducation.com/correspondence-schools/.

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Seattle Goodwill has 10 locations throughout the Puget Sound region that offer a variety of free training
and education programs for disadvantaged and low-income individuals. Visit http://seattlegoodwill.org/
job-training-and-education/programs-and-classes for more information.

•

The STAR Project (http://thestarproject.us) works closely with vocational and academic programs at Walla
Walla Community College. STAR partners with Washington State Penitentiary and WWCC in order to assist
with uninterrupted educational plans, bridging the gap between exiting incarceration and continuing
higher education.
»» Phone: (509) 525-3612•

University Beyond Bars (www.universitybeyondbars.org) provides college and university education topeople in prison in Washington State. It offers Associate degree programs, as well as other classes andlectures. Participating in a University Beyond Bars program is voluntary and you will not be turned away
due to your sentence.

•

Washington’s College in Prison Program, a project of the Washington State Board for Community andTechnical Colleges, provides education for people in participating prisons. For more information, see www.
sbctc.edu/colleges-staff/programs-services/prisons/ or contact:»» Brian Walsh, Policy Associate, Basic Education for Adults: (360) 704-4358

Glossary
Four-Year University: A school that provides four-year education programs and awards bachelor’s degrees.
Associate Degree: An award from a college that shows you have completed a course of study. They areawarded by community colleges, technical colleges, vocational schools and some universities.
Bachelor’s Degree: An award from a four-year university that shows you have completed a course of study.
Classification Counselor: A counselor at your facility who can help you learn about educational and otherprograms you may be able to participate in while you are incarcerated.
College Readiness Instructor: Each facility offers a College Readiness course. Instructors provide coursework
and assistance with post-release college enrollment.
Community College: A school that provides two-year educational programs and awards associate degrees.
Most credits from community colleges should transfer to four-year universities, meaning that you can take
two years of classes at a community college, transfer to a four-year university and only have to take two more
years of classes to earn a bachelor’s degree.
Correspondence class: A class in which students receive lessons and assignments in the mail or by e-mail andthen return completed assignments in order to receive a grade.
Credits: Each college or university class that you successfully complete earns you credits depending on thelength of the class. A certain amount of credits is required to earn a degree. They are sometimes called credit
hours.
Default: What happens to a student loan if you do not make payments on it for a time. The length of time thatcan pass before a loan goes into default depends on the loan. Once you have defaulted on a loan you will be
required to pay back the entire amount immediately, your credit score will drop and you may be sued.

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Deferment: A temporary agreement to delay your payments on your student loans. Interest does not accrue
on your loans while a deferment is in place.
Delinquent: What happens to a student loan if you miss a payment on it. You can get rid of the delinquency
by making up for the missed payment. If a loan is delinquent for ninety days, your credit score will go down.
Federal student aid programs: Loan or grant programs administrated by the federal government.
Financial Aid Administrator: A person at a college or university in charge of managing financial aid. They canbe a resource in applying for financial aid and will also be in charge of distributing aid once it arrives.
Forbearance: A temporary agreement to delay your student loan payments for up to twelve months. Unlike adeferment, interest will accrue on your loans during that time.
Free Application for Federal Student Aid (FAFSA): The application used by nearly all colleges anduniversities to determine eligibility for federal, state, and college-sponsored financial aid, including grants,
educational loans, and work-study programs.
GED: The process of earning the equivalent of your high school diploma, which is called a GED certificate orcredential.
Income Based Repayment Program: A method of reducing the payments that you make on your student
loans. The amount by which you can reduce payments depends on the type of loan you have and yourincome.
Licensed Profession: A job that requires that you have a vocational license before you can do it. Vocational
licenses require classes and tests to receive.
Loan Servicer: The organization that manages your student loans. They are in charge of sending you
information about your loans and taking payments for them. You can work with your loan servicer to set up
deferments, forbearances and other agreements to reduce the amount you have to pay.
Official Transcript: A document that has information about what classes you have taken and how many
credits you have. Official transcripts can be ordered from the college or university and usually cost money.
Pell Grants: A need-based grant given to people with low incomes who are in an undergraduate program.
Some graduate students can also receive Pell Grants. You may use your grant at any one of approximately
5,400 participating colleges and universities. Grant amounts are dependent on: your expected family
contribution; the cost of attendance; whether you are attending school full-time or part time; and whether
you attend school for a full academic year or less. Unlike a loan, Pell Grants do not have to be repaid.
Reentry Navigator: Staff members at community colleges who meet with inmates pre- and post-release to
assist with post-release college enrollment.
Registrar: The person or office at a college in charge of student records. You can talk to a registrar about
getting official transcripts.
Selective Service: A United States government agency that maintains information on men that could be
subject to a military draft; all men between the ages of 18 and 26 who are not in prison must register with theagency in order to be eligible for most financial aid.
Student Loans: Money that you borrow to help pay for your college or university education. Loans can pay fortuition, books, supplies and other things that you need for school. Many student loans are given by the federal

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government, while some are given by private lenders or by the school itself. Once you have finished college oruniversity, you must begin paying your loans back.
Technical College: A two-year college that offers employment training with a focus on the theory and sciencebehind an occupation.
Vocational College: A two-year college that offers employment training with a focus on the skills required foran occupation.
Vocational Programs: A series of courses or classes necessary to learn a profession and/or obtain avocational license that allows you to work in a specialized field.
Work-Study: A federal financial aid program where you work for a school. Payment for your work goes
towards your education.

1
Wash. Dept. of Corr., Education and Vocational Programs for Offenders DOC 500.00 (Sep. 26, 2011)2
Wash. Dept. of Corr., Prison Life – Education, www.doc.wa.gov/family/offenderlife/education.asp (last visited July 20, 2017)3	Fed. Student Aid, Incarcerated Individuals and Eligibility for Federal Student Aid, https://studentaid.ed.gov/sites/default/files/aidinfo-for-incarcerated-individuals.pdf (last visited July 20, 2017)4	Dept. of Educ., 12,000 Incarcerated Students to Enroll in Postsecondary Educational and Training Programs Through Education
Department's New Second Chance Pell Pilot Program, June 24, 2016, www.ed.gov/news/press-releases/12000-incarceratedstudents-enroll-postsecondary-educational-and-training-programs-through-education-departments-new-second-chance-pellpilot-program5	Dept. of Educ., Institutions Selected for Participation in the Second Chance Pell Experiment in the 2016-2017 Award Year, https://www2.ed.gov/documents/press-releases/second-chance-pell-institutions.pdf
6	Fed. Student Aid, Deferment and Forbearance, https://studentaid.ed.gov/sa/repay-loans/deferment-forbearance (last visited July20, 2017)
7
Id.
8
Id.
9
Id.
10 Id.
11
Id.
12	Fed. Student Aid, Income-Driven Repayment Programs, https://studentaid.ed.gov/sa/repay-loans/understand/plans/income-driven(last visited July 20, 2017)13	Fed. Student Aid, Incarcerated Individuals and Eligibility for Federal Student Aid, supra
14	Selective Serv. Sys., Fast Facts, www.sss.gov/About/Registration-Resources/Juvenile-Justice-Toolkit/Fast-Facts (last visited July2017)
15 Id.
16	U.S. Dept. of Educ., Take Charge of Your Future: Get the Education and Training You Need, July 2012, www2.ed.gov/about/offices/
list/ovae/pi/AdultEd/take-charge-your-future.pdf
17	Id.
18	Center for Comm. Alternatives, The Use of Criminal History Records in College Admissions: Reconsidered, www.
communityalternatives.org/pdf/Reconsidered-criminal-hist-recs-in-college-admissions.pdf (last visited July 20, 2017)19 Id.
20 Id.
21	Cappex, Don’t Lie on the FAFSA, www.cappex.com/hq/articles-and-advice/financial-aid/fafsa/Dont-Lie-on-the-FAFSA (last visited
July 20, 2017)22	Fed. Student Loans, Federal Versus Private Loans, https://studentaid.ed.gov/types/loans/federal-vs-private (Last visited July 20,
2017)23	Student Loan Hero, A Look at the Shocking Student Loan Debt Statistics for 2017, https://studentloanhero.com/student-loan-debtstatistics/ (last visited July 21, 2017)
24 The Scholarship Coach, Don’t let Criminal Past Block Your Path to College, Feb. 23, 2012
25 Fed. Student Aid, Federal Pell Grants, https://studentaid.ed.gov/sa/types/grants-scholarships/pell (last visited July 21, 2017)26 Fed. Student Aid, FSEOG (Grants), https://studentaid.ed.gov/types/grants-scholarships/fseog (last visited July 20, 2017)27 Fed. Student Aid, Work-Study Jobs, https://studentaid.ed.gov/types/work-study (last visited July 20, 2017)

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Chapter 3: Education & Loans

28	Fed. Student Aid, Student Aid Eligibility Worksheet, https://studentaid.ed.gov/sites/default/files/2014-15-student-aid-eligibilitydrug-worksheet.pdf (last visited July 20, 2017)29 Fed Student Aid, Federal Pell Grants, supra66

Washington Reentry Guide

Voices of Reentry: Mary Jo

Mary Jo struggled with substance abuse for decades before being sent to prison.
On making a strategy for success: I’d made a decision at the very beginning that I was going to give myself an
opportunity to ask questions and go with whatever was suggested to me by professionals or people who hadgone before and knew what was working. So I was open to suggestions and open to direction. I had not beenin trouble with the law before, but now I was in quite a lot of trouble. I thought in my mind, “I’ll try it for at leasta year, whatever’s being asked of me, whatever direction someone’s pointing me in, I’m gonna try it for at least
one year and see where that takes me. If it works then I’ll keep moving down that path, and if it doesn’t, I canalways go back to the way my life was before.”
On her struggles with substance abuse: Just being sober isn’t enough. I learned that lesson really, really hard,
and I ended up relapsing. At that point I just knew that nothing was going to change until I had a hard stop, and,sick as it sounds, I actually joked about how I would restart my life in prison. I knew in my heart that that waswhat was going to happen. I grew up with the AA program, my mom was in the AA program, she got in when
she was pregnant with me. I grew up with it, and one thing that you hear in that program is that the end resultof addiction is jails, institutions and death. So I knew that that would be the end for me, one way or another. I
guess I got lucky that it was jail, and then prison is what stopped me.
On staying out of prison: I really didn’t want to go back. It’s not even about prison. I wanted to live. I was reallyaware of the fact that the way I had been living was no way to live. It got me nowhere. I didn’t like the person I
was, I didn’t like the people I was with. I was sick and tired of being sick and tired. It doesn’t matter how many
opportunities someone is given if they’re not able to take them.
On what she’d say to someone just about to leave prison: Ask questions, be open to suggestions, don’t sell
yourself short. If you have any dreams in your heart that you’ve always wanted to do, or that you’re feeling that
impulse or that urge to do, go for it right now. When you have the energy, when you’re still on that roll of feelinggood and feeling open, harness that.
Mary now works at Pioneer Human Services and hopes to one day own a florist shop.

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Chapter 4: Employment
The Bottom Line•

Having a criminal record does not prevent you from getting a job. However, your record may make it
more difficult to find work, and some jobs may not be available to you because of your conviction. To
increase your chances, begin thinking about your job search before you are released; consider your skills
and experience, what kind of job you might want, and start working on your resume.

•

In most cases, employers cannot have a blanket rule that they will never hire anyone with a criminal record.
However, an employer can legally deny you a specific job depending on the kind of criminal record you
have and the type of job you applied for. For example, if you were convicted of a sexual offense involving achild, you will probably not be able to get a job at a school.

•Prepare to answer questions about your criminal record. Unless you are applying for a job in Seattle, potential
employers can ask about past arrests and convictions (see section 9 for more information about Seattlespecific rules). Always read questions about criminal records on job applications carefully (for instance, aquestion about felony convictions may have a different answer than a question about "all crimes"). Do notlie about your criminal history when you are seeking a job.

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Chapter 4: Employment

EMPLOYMENTIntroduction
Although having a criminal record makes it harder to get a job, many employers will still consider hiring people
with a record as long as they have the required skills, experience or knowledge needed for the job. It is importantfor people with criminal records to show employers that they have moved on from whatever led to them being
incarcerated.
To get a job after incarceration, it is crucial to begin planning as early as possible. This means gathering important
information and documentation before release. This chapter will provide information and checklists to help you
prepare for the job search while still in custody, as well as a list of what you will need for the application process.
This chapter also answers common questions about how to handle job applications when you have a criminal
record. It will help you understand the effect your criminal history will have on various areas of employment.
It will inform you about your rights regarding background checks and the application process, and your rights
once you are employed.

Pre-Release: Preparing for the Job Search
1. What are my employment options when I am released?
Some people think that you should not apply for a job if you have a criminal record. This is not true. There aresome jobs that people with certain criminal histories cannot hold (which are discussed in Section 2, “Will myconviction impact my ability to work in some jobs?”). But, apart from those jobs, you can apply to almost any
job with any employer if you have the required skills, knowledge or experience for the job. While an employer
may be able to deny you a job based on your criminal history, it is often more important to that employer thatyou have the skills to match the job.

2. Will my conviction impact my ability to work in some jobs?
As you consider jobs to apply for after release, you should be aware that some jobs may not be available to you
because of your conviction. Except for jobs in law enforcement agencies and jobs providing unsupervised accessto children and vulnerable adults (such as the elderly in nursing homes), employers cannot have a blanket rulethat they will never hire someone with a criminal record.1 But an employer can legally deny you a job dependingon the type of criminal record you have and the type of job that you applied for. For example, guilty pleas orconvictions for felony offenses involving certain sexual offenses against children will bar licensing for many
positions in education that involve unsupervised access to children, including teaching.2
To find out whether your offense will or may disqualify you from a certain type of job, you can check the Councilof State Governments Map, at https://niccc.csgjusticecenter.org/map/. To use the map, click on Washington
State, and do a search for the category “Employment.”
The Department of Health and Human Services (DSHS) also has a list of crimes that would disqualify you forjobs that require unsupervised access to vulnerable adults, juveniles and children. These jobs are generallywith nursing homes, in-home service providers, home care agencies, assisted living facilities and adult family
houses. The list is available at: www.dshs.wa.gov/bccu/bccucrimeslist.shtml.

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3. What can I do to prepare for the job hunt while still in custody?3
You will have a much better chance at getting a job soon after your release if you begin planning while still incustody. Thinking about what you can offer an employer and what you want from a job, collecting the necessary
documents, and looking for potential jobs or specific employers will speed up the application process upon
release. You can take these steps to put yourself in a better position once you are released:a. Get a copy of your criminal record. This is important so that you can answer questions accurately on job
applications. You also will want to make sure that the information on your criminal history report is correct (ifyou find incorrect information, please see Section 20, “How can I remove or change incorrect information in a
background report?”).
There are a few ways to get a copy of your criminal record. You can get detailed criminal history informationfrom the Washington State Patrol either online or by mail. You may have to pay a fee, which is usually $12. If
you are currently incarcerated, it is unlikely that you will be charged a fee.4 Note that if you submit your request
through the mail, you can only get information about convictions; if you request the information online you canalso get information about arrests less than one year old with dispositions pending. Because employers canconsider arrests under certain situations, it is best to get a copy of your criminal record from the internet, sothat you have your arrest record. Instructions on how to get these records from WSP are available at www.wsp.
wa.gov/crime/chrequests.htm.
You can also get your criminal record directly from the Washington courts. If you, or someone in contact withyou, has access to the internet, you can conduct a free search of your history in the Washington State court
system at: https://dw.courts.wa.gov/?fa=home.namesearchTerms. This will give you a list and timeline for yourcriminal cases in Washington Courts, but not specific details about each case. Because this search gives lessinformation than the WSP criminal record report, we recommend that you get a copy of your record from WSP
if possible.
These are the recommended sources for getting a copy of your criminal records, but there are other sources
as well. For information about those sources, and tips on reading your criminal record, see the American Civil
Liberties Union of Washington’s Guide to Getting and Reading Criminal History Reports, available at www.acluwa.org/docs/getting-and-reading-criminal-history-reports-washington.
b. Create a draft résumé that you can finalize after you are released. A résumé is a summary of your personal,
educational, and professional skills and experience, including your studies/degrees in school and jobs that you
have had. Make sure to include the following on your draft résumé:•

Contact information. List your name, address, phone number and e-mail address. Some of these will haveto wait until after you are released.

•

Employment history. The usual way to write this section is to list your jobs in date order (most recent
first). List names, locations, dates employed, duties, skills and achievements (like being named employeeof the month). When listing where you were employed while incarcerated, many recommend that you use“State of Washington” as your employer. This is true and prevents employers from possibly rejecting yourapplication immediately when seeing that you were incarcerated.

•

Education. List your education, including when and where you graduated or got your degree (or if you did
not graduate or get a degree, how long you worked toward it), your focus (sometimes called a major orminor), and any certificates, academic awards or honors that you received. Make sure you use the officialname for schools and degrees (for example, say “Washington State University” instead of “WSU” and“Associate of Arts” instead of “AA”). Also include industry accreditations and certifications that you have.

71Chapter 4: Employment•

Other qualifications. Add anything important that doesn’t fit anywhere else. For example, list yourcomputer knowledge, foreign language ability or other specialized skills.

•

Job objective. The best résumés explain not only what job you want, but also why you are a good fit forthat job. You should work on explaining why you want to be employed, and then fill in this section when
you know what specific job you are applying for.

Here are some general tips for creating a good résumé:•

Be brief. One page per 10 years of work experience is a good rule of thumb.5•

Only include information that relates to the job you are looking for.

•

Do not include your interests unless they relate to the job.

•

Make sure your résumé is easy to read.

•Don’t include information about the salary/wage that you want.

c. Create a list of three or more contacts from your prior jobs who can provide you good references during
the application process and collect their contact information. As you get close to release, you should contact
these people to ask if they would be willing to be a reference for you, so that they can prepare letters ofrecommendation and are ready to help you if a potential employer contacts them.
d. Go through the same process to get character references. The best character references are from people
in your community whose opinions employers would trust, like church leaders, government leaders or leadersfrom non-profit organizations (like Big Brothers or Habitat for Humanity).
e. Get your ID. You should obtain one or more of the following forms of legal identification, which you will needfor a job application:•

Birth certificate;•

Driver license or State ID card – getting a driver’s license may also be important so that you can get to andfrom a job after release;•

Social Security Card; or•Military records or Release/Discharge from active duty (DD-214)

See the Identification chapter in this guide for information on how to obtain these items.
f. Practice answering interview questions. When you apply for a job, you may have to complete an interview
where the potential employer will ask you questions about your job history, experience and qualifications.
Practicing your answers to these types of questions can make the interview process go more smoothly. Make
sure you also practice answering questions about your criminal history, so that you are as comfortable aspossible discussing this topic in a job interview.

4. Where can I look for job listings?
There are many resources that provide listings of open jobs; below are some resources that may be especiallyhelpful.

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Washington State WorkSource. WorkSource offers self-help programs, group programs and activities,
workshops, one on one consultations, and training programs for job seekers. It has an extensive website,and offices in several areas across Washington. www.worksourcewa.com , 888-316-5627.

•

Employment Security Department (ESD). The ESD provides resources for job seekers. The agency works
with local WorkSource centers and other sites in addition to providing placement assistance. www.esd.
wa.gov/jobs-and-training•

People for People. People for People provides several resources, including employment training, for people
in Eastern Washington. www.pfp.org (then click on “Departments,” and “Workforce Training”), (509) 2486726, adminreception@pfp.org.

•

Goodwill. Goodwill offers those with criminal backgrounds pre-release services, basic skills development,
employment readiness training, occupational skill training, and job placement assistance. www.goodwill.
org/find-jobs-and-services/find-a-job/ (and scroll down to “People with Criminal Backgrounds” section),(800) GOODWILL.

•

Craigslist. Craigslist lists many jobs in a variety of occupations. Sort by county listings by clicking at the topof the screen on the county where you want to work. http://seattle.craigslist.org/•

Washington State Department of Labor & Industries. The Department of Labor & Industries lists
Apprenticeship Programs in Washington. Apprenticeships are generally a mix of work and school that
results in the apprentice being trained in a specific field (often, in the construction trades). www.lni.wa.gov/
tradeslicensing/apprenticeship/programs/•

Careeronestop. This website is sponsored by the U.S. Department of Labor, and is a resource for finding
jobs and job training. www.careeronestop.org/•

Monster.com and Indeed.com. By using either of these websites you can search for jobs by type andlocation and also create accounts that recruiters use to contact you. Monster.com also features careeradvice and resume help. www.monster.com/ and www.indeed.com/

Non-internet sources such as newspaper classifieds are also useful. In addition to these resources, you can ask
a counselor where you can look for job listings while still in custody.

5.How can I find the employers that are most accepting of those with criminal records?
Apprenticeship programs typically do not care much about whether someone has a felony conviction or
criminal record.6 Employers are also less likely to deny you an entry-level job because of your criminal record
than a higher-level job. Although entry-level jobs are not as desirable, they give you stability, in the form of an
income, while you look for a better job. They also show future employers your willingness to work, and help
you build a post-release résumé. For a list of employers that hire people with felony convictions, use http://
jobsthathirefelons.org. Note that this is not necessarily a complete list, and that it is possible to work at acompany that is not listed here.
In addition, Goodwill, mentioned in the previous section, has employment specialists who work with people
that have criminal records. Contact a Goodwill specialist in the area where you want to work and ask them
about employers that are friendlier to those with criminal records. WorkSource and other independent nonprofit agencies also have employment specialists that may be able to help you.773

Chapter 4: Employment

6. What other types of job searching assistance are available to me?
If you have a disability, you may be eligible for re-training or other job placement assistance with the DSHS
Division of Vocational Rehabilitation (DVR). For more information, visit DVR’s website at www.dshs.wa.gov/dvr/.

7. What job training options are available to me while still in custody?
Under Washington law, the Department of Corrections must develop an individual reentry plan for every
offender before they are released, except those sentenced to life imprisonment or the death penalty, or those
who are deportable.8 While eligible offenders do not have a right to specific services or education, the DOC
must connect them with existing resources to serve their reentry needs.9 This includes creating a portfolio that
includes their education achievements, certifications, employment, work experience, skills, and any training
received prior to and during incarceration.10 This portfolio should provide the majority of information needed
to create a résumé.
The DOC also has an Offender Education Program that offers you opportunities to increase your knowledge,
skills, and ability to function effectively while incarcerated and upon release. There are several standard classes
in every Offender Education Program, but some class availability depends on where you are incarcerated.11
Programs address a broad range of offender needs, including Adult Basic Education, English as a Second
Language, vocational skills training, and offender change programs.12

Post-Release: Applying and Interviewing for a Job
A. Applications
8. How do I apply for a job upon release?
Use the resources listed in Section 4, “Where Can I Look for Job Listings?”, to find jobs that seem like a good
fit for your skills and goals. If there are instructions in the job listing about how to apply for the job, follow the
instructions. If there are not instructions in the job listing about how to apply, contact the employer to ask how
to apply. If the employer does not tell you how to apply, send the employer your résumé with a cover letter
explaining the job that you are applying for, how you found out about the job, and why you would be a good
fit for the job.

9. What types of questions can an employer ask me about my criminal history?
Under the recently-passed Washington Fair Chance Act, most employers in Washington cannot ask on a job
application whether you’ve ever been arrested or convicted. Employers can ask questions about criminal
matters, but not until they determine that you are qualified for the job. The remainder of this section only
applies to questions asked after you have submitted your application and passed the initial screening. Whatemployers can ask at that point depends on whether they are asking about convictions or arrests. Employers
can also legally ask you about gaps in employment listed on your résumé.
Except for employers that have fewer than eight employees, and for the jobs listed in Section 2 above, a potential
employer cannot ask you about convictions that are more than ten years old, or are not reasonably related tothe duties of the job that you are applying for.13
Additionally, if an employer asks you about arrests, they must also ask:•

whether the charges are still pending,74

Washington Reentry Guide•

whether the charges have been dismissed,•

whether the arrest led to a conviction of a crime involving conduct that would negatively affect job
performance, and•whether the arrest occurred within the last 10 years.14

Seattle-Specific
If you are applying for a job with a private (non-government) employer where you would work a substantial
amount of time in the City of Seattle, a special law called the Fair Chance Employment Ordinance may apply toyou. This law provides additional protections for employees beyond those in the state-wide Fair Chance Act.15
See Section 23 for more information.

10. How should I answer questions on a job application about my criminal record?
Although most employers cannot ask you questions about your criminal history until they have determined thatyou are qualified for the job for which you are applying, they can still ask these questions, in writing or verbally,at that point. The first step is to make sure you understand what the employer is asking. The information thatyou have to provide in response to a question about your felony convictions could be very different from aquestion about all “crimes.”Once you understand the question about your criminal record, you should answer as honestly and accurately
as possible. Answering questions inaccurately can lead to employers denying you employment (or firing you ifthey find out about it later), even where your criminal history would not have prevented you from being hired.
Do not skip questions about your criminal history (not giving information that you should have given is viewed
the same as giving incorrect information) and do not provide false or misleading information.
If you check “yes” next to a question about your criminal history, there are a variety of ways to proceed. You canwrite “will discuss during interview” next to it and explain your record in person. If you choose this option you
should plan out and practice how you will explain your record to the interviewer. You can also write the type ofcrime, such as “nonviolent drug offense,” if you feel that the crime is not serious or related to the job. Finally,
you can include a letter of explanation.
Before choosing one of these options, you should consult with a job search specialist, such as those listed in
Section 4 of this chapter.

11. Should I give more information than the employer asks for?
You do not have to give information about your criminal history that an employer does not request, but there
is a good chance that the employer will find out about it, whether during the interview process or after you
get the job.
When deciding whether to disclose something not asked about, you should consider:•

the age and type of the conviction (the older and less serious the conviction is, the less important it is totell the employer about it);•the job that you are applying for and how the conviction relates to it (if the conviction relates to the job you
are applying for, it makes sense to tell the employer about it);75

Chapter 4: Employment•

whether the employer will conduct a background check (if the employer will conduct a background check,they will find out about at least the last 7 years of convictions and arrests, so you will likely want to disclosethem); and•whether the employer will conduct a background check (if the employer will conduct a background check,they will find out about at least the last 7 years of convictions and arrests, so you will likely want todisclose them).

12. What do I say about vacated or sealed cases?
This depends on the type of case. If you were convicted as a juvenile and your court records were sealed, you
do not need to tell the employer about that conviction.16 For more information about sealing records, see the
Criminal Records and Background Checks chapter of this Guide.
If you have a conviction that has been vacated, you have the right to say that you were never convicted of thatcrime.17 The Washington State Patrol will not report convictions that have been vacated. But since vacatedconvictions can still show up in public records, they are often reported on background checks. As a result, if
the employer is likely to run a background check on you, you should consider telling the employer about theconviction, but explain that it was vacated.

13. Can I submit documentation to show that I am rehabilitated since a conviction?
You can submit documents that you think will help explain your criminal record. Employment or character
references (as discussed in Section 3, “What can I do to prepare for the job hunt while still in custody?”) canbe very helpful if the employer will accept them. Employers are not required to accept such documents, but
generally will do so.

B. Background Checks
14. Do I have a right to know whether an employer is doing a background check on me?
It depends. If the employer is doing its own investigation, such as looking at court records or interviewing
people that know you, then you do not have a right to know. But if an employer uses a third-party, such as aConsumer Reporting Agency (CRA), to perform a background check on you, then you have the right to know
about it under a law called the Fair Credit Reporting Act. Most employers use CRAs to perform backgroundchecks on potential employees.
An employer who requests a background check from a CRA must get your written permission to do so.18 In
addition, the employer must notify you in writing that it may use the background check report to deny you
employment.19

15. What’s included in an employee background check?
It depends on the source. For example, if an employer orders a copy of your criminal history from the Washington
State Patrol, it will receive a report with all non-sealed and non-vacated adult and juvenile convictions from
Washington state courts, no matter how old the convictions are. But if an employer orders a background reportfrom a CRA, it will generally receive a report with adult and juvenile information (including arrests) from allstates, including federal offenses.

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16. What kinds of information are CRAs prevented from including in their backgroundcheck reports?
There are limits on what information a CRA can report about you. As long as you are applying for a job withan annual salary below $75,000, federal law does not allow CRAs to report arrests that are more than 7 years
old and that did not result in a conviction.20 In addition, under Washington law, if you are applying for a job
with an annual salary under $20,000, CRAs cannot report information about arrests or convictions that are
more than 7 years old.21 CRAs also cannot report juvenile convictions if you are 21 years old at the time of the
background check.22
There is a big difference between what a CRA can report versus what information an employer can use when
making employment decisions. For example, even though CRAs generally cannot report arrests older than 7
years if they didn't result in convictions, an employer can consider those arrests in making an employment
decision if they find out about them another way (such as through a search of court records).

17. Do I have a right to know if an employer plans to deny me employment based on mybackground check?
Yes, as long as the background check report is provided by a CRA. Before an employer denies you a job (or, after
you are hired, fires you or refuses you a promotion) based at least in part on information from a backgroundreport, it must tell you in writing that it plans to do so and must provide you with a copy of the backgroundreport and a document titled “A Summary of Your Rights Under the Fair Credit Reporting Act.”23
Before denying you a job, the employer also has to give you a chance to review the background report andrespond to any information in the report.24 The law does not say how long you have to respond, but courts andcongress have found that as little as five days is reasonable.25 As a result, you should act quickly to review andrespond to the background check report.

18. How should I respond to an employer who plans not to hire me as a result of
information in my background check?
First, you should review the background report to see if the information is accurate. If it is not, then you shouldtell the employer what information is wrong, and let the employer know that you are contacting the CRA tocorrect the information.
If the information in the background report is correct, you can still try to change the employer’s mind by
explaining the circumstances under which you were arrested or convicted, or how your conviction has nothing
to do with the job that you are applying for, or that you are rehabilitated (employer or character references arehelpful here). You can also point out the benefits available to employers who hire people with criminal records,
discussed in more detail in Section 29, “Can I do anything to encourage an employer to hire someone with acriminal record?”.

19. Do I have a right to know if an employer has denied me employment based on mybackground report?
Even if an employer has already given you notice that it plans to deny you a job based on information from abackground report that it received from a CRA, it must give you additional information once it actually denies
you the job. Specifically, the employer must give you (not necessarily in writing):•

Notice of the action taken based on information from the background report;

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Chapter 4: Employment•

The name, address, and telephone number of the CRA that supplied the background report;•

A statement that the CRA that supplied the background report did not make the decision to deny you a job
and cannot give you specific reasons for that decision; and•Notices of your right to challenge the accuracy or completeness of any information in the backgroundreport, and your right to an additional free copy of the report, if requested from the CRA within 60 days ofwhen you were denied the job.26

20. How can I remove or change incorrect information from a background report?
If the background report was provided by a CRA, you should contact the CRA, in writing if possible, using thecontact information provided by the employer. You should explain what part of the report is wrong, highlighting
or otherwise marking that part of the report on a copy. You should also give the CRA the correct information,with document backup, if possible. Finally, a reasonable time period after contacting the CRA, you should
follow up with the CRA to make sure that the correct information is being used.
If the background report was provided by the Washington State Patrol, you should provide similar information
to that agency, using its Request for Modification of Record form, available at: www.wsp.wa.gov/crime/
chupdates.htm.

21. What must a CRA do when I ask for it to correct information from my backgroundreport?
Once you have requested that a CRA correct information from your background report, it must perform an
investigation (including consideration of the information that you submitted) within 30 days. If, after thistime, the CRA finds that the information is wrong or if the CRA cannot verify its accuracy, it must delete theinformation or change it so that it is correct. The CRA also has to take reasonable steps to make sure that theincorrect information will not be included in background reports in the future, and it must tell any employersthat received the inaccurate report over the last two years that information has been deleted or corrected.27

22. What can I do if the CRA or the employer does not follow the law regarding mybackground check?
If you think an employer or CRA broke the laws on background checks, you should contact an attorney. The
law allows people to sue employers or CRAs for certain violations and to recover money for damage causedby the violation.
You can also report the violation to the Federal Trade Commission, the government agency that enforces the
Fair Credit Reporting Act, by filing a complaint:•

By telephone at 1-877-382-4357; or•

By mail to: Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Ave, NW, Washington,
DC 20580; or•Online at www.ftccomplaintassistant.gov/ (then click “Credit and Debt,” then click “Credit and Loans,” thenclick “Credit Reporting”).

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C. The Employer’s Decision About Hiring Me
23. Can an employer refuse to hire me because of my criminal history?
Washington is an “at will employment” state, which means that employers can refuse to hire (or can fire) people
for any reason except for certain things about them that are protected by law, like their race, color, age (ifover 40 years old), sex, marital status, sexual orientation, creed (religion), national origin, military status ordisability.28 Having a criminal record is not a protected characteristic.
However, because refusing to hire anyone with a criminal record can cause an employer to potentiallydiscriminate against people of a particular protected characteristic (like race), employers should consider
your individual circumstances and how they relate to the needs of the employer’s business before making adecision based on your criminal record.29 This is known as an individualized assessment. Employers performing
an individualized assessment should consider:•

The facts or circumstances surrounding the offense;•

The number of offenses you have;•Your age at the time of conviction or release from prison;•

Whether you have had jobs in the past that are similar to the job that you are applying for;•Your employment history;•

Your education, training or other efforts at rehabilitation;•

Employment or character references, if provided; and•Whether you can be bonded under a federal, state, or local program (see Section 29, “Can I do anything toencourage an employer to hire someone with a criminal record?” for more information about bonding.)30

If, after considering these factors, the employer determines that your conviction is related to the job, and that
it is necessary for the business to deny you that job, it can legally deny you the job based on your conviction.31
Seattle-Specific:
If you are applying for a job where you would work a substantial amount of your time in Seattle, then, withcertain exceptions for jobs in law enforcement and with vulnerable children and adults, an employer cannot
refuse to hire you solely based on your criminal conviction record unless the employer has a legitimate
business reason for doing so.32 An employer only has a legitimate business reason to refuse you hire you if
your conviction would have a negative impact on your ability to perform the job, or if it would harm people,
property, or the employer’s reputation.33 For instance, if Joe Smith gets out of prison and applies for a job,
the employer can consider his particular conviction history when deciding whether or not to hire him. As an
example, if Joe went to prison for stealing and now he is applying for a job where he would have access tolarge sums of cash, the employer may think that hiring Joe is too risky. However, the employer must have areason that is related to Joe’s specific circumstances. The employer may not say, “Sorry Joe, we just don’t hirepeople with criminal records.”
Even if the employer has a legitimate business reason to deny you employment solely based on your conviction(s),the employer must identify for you the record or information that it is relying on, and give you a reasonable
opportunity to explain or correct that information.34 Specifically, employers have to hold the position open for
at least two business days after giving you notice to allow you time to respond.35

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If you feel an employer has violated this law, you can sue them or file a complaint with the Seattle Office ofLabor Standards (SOLS). For more information, you can call SOLS at (206) 684-4500 or visit their office at 810
Third Avenue, Suite 750, Seattle, WA, 98104. You may also submit a question or complaint to SOLS online athttps://seattle-cr.entellitrak.com/etk-seattle-cr-prod/page.request.do?page=page.form.intake.questionnaire.

24. How old of a conviction can an employer use to deny me employment?
Pre-employment questions about convictions are generally acceptable under Washington law if the convictions
relate to the duties of the offered job, and if the convictions occurred within the last 10 years.36 So, decisions
based on convictions more than 10 years old or that do not relate to the duties of the job will not be consideredjustified by business necessity (except for the jobs discussed in Section 2, “Will my conviction impact my ability
to work in some jobs?”, above).37

25. Can an employer deny me employment because of an arrest?
The fact that you have been arrested does not prove that you committed a crime. An employer cannot deny
you employment just because you’ve been arrested.38 However, an employer can legally make an employment
decision based on the conduct underlying the arrest if the conduct makes you unfit for the job.39 Rememberthat this is up to the employer; one employer may be willing to hire you after an arrest while another may not.
This is why it is important to keep applying for jobs and not get discouraged.
Seattle-Specific:
The same limitations discussed in the Seattle Specific part of Section 23, “Can an employer refuse to hire me
because of my criminal history?,” apply to employer decisions based solely on arrests and pending charges
against you.40

26. Can an employer deny me employment based on poor credit?
Yes, but only if the information about your credit is substantially related to the job that you are applying for.41 In
addition, because credit information must generally be provided by a third party, the employer must get yourconsent to look at this information, and must provide you with notice and an opportunity to respond if it plans
to deny you employment based on your credit. See Sections 14-23, above, for more information about theserequirements.

27. What can I do, or where can I go, if I’m turned down from employment because of mycriminal history?
If an employer has not followed the laws discussed above, you may have grounds for a discrimination claim. If
this has occurred, you can:•Contact a private attorney;•

Contact the Federal Equal Employment Opportunity Commission within 300 days of the violation by calling
1-800-669-4000; or•Fill out a complaint form with the Washington State Human Rights Commission (WSHRC), and mail it to
the address on the form within six months of the violation. The form is available online at: www.hum.
wa.gov/discrimination-complaint. If the WSHRC finds that the employer is at fault, it will try to put together
a voluntary agreement for both you and the employer to sign. If you cannot come to an agreement, the80Washington Reentry Guide

WSHRC will send the information to an Administrative Law Judge, who can penalize the employer for not
following the law.42
King County Specific:
If your employer is located in King County, you can file a complaint with the King County Office of Civil Rights by:•

Calling 206-263-2446 and asking to speak with an investigator about a complaint;•

Sending an email to Civil-Rights.OCR@kingcounty.gov with your concerns; or•Filling out a Complaint Form available online at www.kingcounty.gov/~/media/exec/civilrights/documents/
intakeFE.ashx?la=en, and mailing it to the address on the last page of the form. A copy of the form is
included in the Resources section of this chapter.

Seattle Specific:
If your employer is located in Seattle, you can file a complaint with the Seattle Office of Civil Rights by:•

Calling SOLS at (206) 684-4500;•

Visiting SOLS from 8 a.m. to 5 p.m., Monday-Friday, at 810 Third Avenue, Suite 750, Seattle, WA, 98104; or•Submitting a complaint to SOLS online, at https://seattle-cr.entellitrak.com/etk-seattle-cr-prod/page.
request.do?page=page.form.intake.questionnaire

D. Other Pre-Employment Questions
28. Can I get unemployment benefits while I look for a job immediately after release?
Not likely. You need to work a certain number of hours in Washington to be eligible for unemployment benefits,
and your job in prison will not count. This means that unless you worked a significant number of hours inWashington before becoming incarcerated, and will be applying for unemployment benefits during the same
year in which you worked those hours, you will not be eligible for benefits.
Even if you are not eligible for unemployment benefits while you are looking for a job immediately after
release, you may be eligible for those benefits if you become unemployed after finding your first post-releasework. See Section 33 (“If I lose my job, how can I get unemployment benefits?”) for more discussion ofunemployment benefits.

29. Can I do anything to encourage an employer to hire someone with a criminal record?
There are many state and federal programs that provide an employer with benefits if it hires people with criminal
records. You may want to tell an employer about these programs when you are explaining your incarceration.
•Work Opportunity Tax Credit Program: This program allows employers to save money on their federal
income taxes through a tax credit if they hire people who were convicted of a felony within one year after
their conviction or after their release from prison. For more information see (1) www.doleta.gov/wotc and(2) https://esd.wa.gov/about-employees/WOTC.

•

Washington Bonding Program: Washington’s Employment Security Department provides an incentive for
employers to hire applicants who might not otherwise be hired because they pose a risk to an employer,such as people with criminal backgrounds or recovering substance abusers. Under this program, fidelity

81Chapter 4: Employment

bonds (which are a form of insurance, not the same as bail or court bonds) are given to employers at
no cost to the employer or the applicant. The bond insurance covers any loss resulting from any form ofstealing by employees, including theft, forgery, larceny, and embezzlement. In general, anybody who needs
bonding and can’t get bonded through a commercial bonding company would qualify for the fidelity bondas long as they are not self-employed. For more information, see ESD’s website at www.wa.gov/esd/oes/bond/default.htm.

Post-Release: After Obtaining Employment
30. What reasons related to my criminal record can get me fired?
The discussion found in Section 23, above, about how an employer can respond to your criminal record also
applies when you already have a job. So if an employer determines that your conviction relates to the job thatyou have, and that it is necessary for the business to fire you, it can legally do so, even if the employer did not
ask about convictions during the application process.43
Despite this possibility, most employers ask about criminal records before making a hiring decision, and are
not likely to fire you for having a criminal record if they were willing to hire you when they already knew about
your record. But if the employer asks you about your criminal record during the application process and you do
not fully answer the question, the employer will likely fire you for dishonesty if or when it learns the full truth.

31. Can I be fired for an arrest that does not result in a conviction?
An employer cannot fire you solely because you’ve been arrested, but can legally fire you based on the conduct
underlying the arrest if the conduct makes you unfit for the job.44 For example, if you were employed as a nurse
and were arrested, but not convicted, for illegally selling prescription medication, your employer may see theunderlying cause of the arrest as grounds for dismissal, and legally fire you.45

32. What is an employer allowed to disclose about my criminal history to coworkers,
future employers, and others?
Because criminal history information is technically a public record, there are no laws prohibiting your employer
from disclosing information about your criminal history to coworkers, future employers and others.
However, often the form giving an employer the right to perform a background check on you will containlanguage limiting the employer’s use of the information to evaluating your job application. If the agreement
you signed includes that language and your employer later fails to honor it, you may have a claim against youremployer. Additionally, if your employer discloses your criminal history for the express purpose of harassingyou, you may have other legal claims against your employer. Consult with an attorney or the agencies discussed
above in Section 27, “What can I do, or where can I go, if I’m turned down from employment because of mycriminal history?.”

33. If I lose my job, how can I get unemployment benefits?
To obtain unemployment compensation in Washington, you must meet certain eligibility requirements.
Specifically, you must have worked at least 680 hours in Washington in the year, have lost your job through nofault of your own, and be trying to find a new job.46 To find out how many hours of covered employment you
worked in your base year, contact the Employment Security Department at (800) 318-6022.

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To file an initial application for unemployment, you should call (800) 318-6022, or visit the Employment Security
Department’s web site and apply online at https://secure.esd.wa.gov/home/. The ESD provides services over
the telephone in numerous languages and is available to help guide you through the process.
You will need the following information to complete an application:•

Your Social Security Number;•Your name, birthdate and contact information (for example, mailing address, phone number and email address);•

Your highest level of education;•

The names and mailing addresses of all your employers during the past 18 months, including part-time,
temporary jobs and work-release jobs;•

The dates you worked for all employers in the past 18 months;•

If you get your work through a union, the name and local number of your union;•

If you were in the military during the last 18 months, your discharge information (often form DD-214);•

If you were a federal employee in the past 18 months, your Standard Form 8 (SF8), "Notice To Federal
Employees About Unemployment Insurance";•Your citizenship status (if you're not an U.S. citizen, then your work authorization information); and•The reason you became unemployed. It is very important that you explain exactly how your job ended,because eligibility for benefits depends on these facts.

After you file your application, ESD has to make a decision about your eligibility for benefits. The agency will
get information about the end of your employment from both you and your employer. Both you and youremployer then have an opportunity to respond to each other's version of the separation. ESD will then issue awritten decision based on the information they gathered.
For more information about unemployment benefits, see the Other Government Benefits chapter of this Guide.

34. Can my criminal record or incarceration affect unemployment benefits?
If you meet the requirements listed immediately above in Section 33, then your criminal record or incarceration
will not affect your unemployment benefits.

35. What can I do if I feel I was wrongly denied unemployment benefits?
If you feel you were wrongly denied unemployment benefits, you can file a “Petition for Review” with a groupcalled an appeal tribunal as long as you do so within 30 days of the date of the decision you are appealing.47 You
can also appeal the decision of the appeal tribunal to the Commissioner of ESD by filing a Petition for Review
with the Commissioner within 30 days of the date of the appeal tribunal’s decision.48 Instructions on how toappeal these decisions should be included in the letters denying your benefits.
If you appeal and the Commissioner denies you benefits, then you can appeal your case to a state Superior
Court for the county where you live, or in Thurston County.49 There should be no charge for filing a Petition
for Review. For more information, see Washington Law Help’s publication “How Do I Appeal the Denial of my83

Chapter 4: Employment

Unemployment Benefits to Superior Court,” available at www.washingtonlawhelp.org/files/C9D2EA3F-0350D9AF-ACAE-BF37E9BC9FFA/attachments/392EC278-0370-1E58-A927-D2A62E96750C/7602en.pdf).

Resources
Documents:•

Getting and Reading Criminal History Reports, ACLU of Washington,www.aclu-wa.org/docs/getting-and-reading-criminal-history-reports-washington.

•

How Do I Appeal the Denial of my Unemployment Benefits to Superior Court, Washington Law Help,
www.washingtonlawhelp.org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/
attachments/392EC278-0370-1E58-A927-D2A62E96750C/7602en.pdf.

Resources to help you find jobs or job training:•

Employment Security Department Jobs and Training, www.esd.wa.gov/jobs-and-training•

Washington State Department of Labor and Industries List of Apprenticeship Programs:
www.lni.wa.gov/tradeslicensing/apprenticeship/programs/•

Washington State Department of Social and Health Services Division of Vocational Rehabilitation,www.dshs.wa.gov/ra/division-vocational-rehabilitation (job and job training resources for people withdisabilities)•

Careeronestop, www.careeronestop.org/•

Craigslist, www.craigslist.org/about/sites#US•

Goodwill, www.goodwill.org/find-jobs-and-services/find-a-job/•

Indeed.com, www.indeed.com/•

Monster.com, www.monster.com/•

People for People, www.pfp.org/pfp/index.aspx•

WorkSource, www.worksourcewa.com/

Government Resources:•

Collateral Consequences of Criminal Records Map, Council of State Governments,
https://niccc.csgjusticecenter.org/map/. Click Washington and then choose the category “Employment”
to see whether your criminal history will disqualify you from certain jobs.

•

Washington State Department of Social and Health Services Disqualifying List of Crimes and Negative
Actions, www.dshs.wa.gov/fsa/background-check-central-unit/disqualifying-list-crimes-and-negativeactions. This is a list of crimes that disqualify you from jobs involving unsupervised access to vulnerable
adults, juveniles and children.

•

If you need to apply for unemployment benefits, contact the Employment Security Department:84

Washington Reentry Guide»» Phone: 800-318-6020»» Online Form: https://secure.esd.wa.gov/home/ - You can apply for unemployment benefits throughthe Department.
•

If you think a CRA or an employer broke a law related to background checks, file a complaint with the Fair
Trade Commission (FTC):»» FTC Complaint Phone: 1-877-382-4357»» Mailing Address: Consumer Response Center, FTC 600 Pennsylvania Ave NW, Washington DC 20580»» Website: www.ftccomplaintassistant.gov/GettingStarted#crnt•

If you have been discriminated against by an employer because of your criminal history, you can file acomplaint with the Federal Equal Employer Opportunity Commission by calling 1-800-669-4000 within
300 days of the discrimination.

•

If you work in King County and have been discriminated against by an employer because of your criminal
history, you can file a complaint either by calling or emailing the Office of Civil Rights:»» Phone: 206-263-2446 (ask to speak to an investigator about a complaint)»» Email: Civil-Rights.OCR@kingcounty.gov•

If you work in the Seattle area, you can contact the Office for Human Rights to file a discrimination claim
against an employer and the Office of Labor Standards to file a complaint against an employer. Although
they are separate offices, the two share an address and contact information.
»» Phone: 206-684-4500»» Address: 810 Third Ave, Suite 750, Seattle WA 98104•

Online contact form: https://seattle-cr.entellitrak.com/etk-seattle-cr-prod/page.request.do?page=page.
form.intake.questionnaire –•If you have been discriminated against by an employer because of your criminal history, you can file acomplaint with the Washington State Human Rights Commission by filling out the online form at www.
hum.wa.gov/discrimination-complaint within six months of the discrimination.

•

Washington State Patrol, www.wsp.wa.gov/crime/chrequests.htm. This website has instructions on how to
obtain records related to your conviction.

•

If the Washington State Patrol has wrong information about you that turned up in a background check, you
can use the Request for Modification of Records Form to ask the Patrol to correct their records. Visit www.
wsp.wa.gov/crime/chupdates.htm.

Glossary
Apprenticeship: A system of education and training featuring planned, closely supervised hands-on training
and classroom education. An apprentice works and trains for a specific job.
Background Check: A method that lets employers or other people see your criminal history. Many employers
will perform background checks on people who apply for jobs with them.

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Consumer Reporting Agency (CRA): A private organization that collects or evaluates people’s data and sells
it to other people. CRAs can be a resource for people who perform background checks, but they must get
permission from you to get this kind of information from a CRA.
Entry-Level Job: The first job that you take after school or a training program. Entry-level jobs typicallyrequire little-to-no job experience.
Reference: A person who will say good things about you to a prospective employer. These can be people you
have worked with before (professional references) or people who know you well (character references). Many
employers will ask for professional references before they will consider hiring you.
Résumé: A summary of your personal, professional and educational skills and experience. Prospective
employers use your résumé to get an impression of your strengths, knowledge and abilities.
Unemployment Benefits: Money given to you by the state to help support you if you do not have a job.
You must apply for unemployment benefits before you will be given anything, and you must have worked aminimum amount of hours during the year before you applied. You must also actively try to find a job to keep
getting unemployment benefits.

1
RCW 9.96A020(1), 9.96A.030, 18.20.125(4), 18.330.100.
2
RCW 28A.400.322, 9.96A.020.
3
Answer drawn largely from the Washington State Employment Re-Entry Guide 2010 by the Employment Security Department.
4
Becky Turner, STAR Project (Sep. 5, 2017)5
Becky Turner, supra
6
Getting On After Getting Out: A ReEntry Guide for Colorado, 2nd Edition; www.ccjrc.org
7
Becky Turner, supra
8
RCW 72.09.270.
9Id.
10 RCW 72.09.270(b)(5).
11
Becky Turner, supra
12	Workforce Board, Offender Education Program, www.wtb.wa.gov/OffenderEducationProgram_Dir..asp (last accessed
March 29, 2017).
13 WAC 162.12.140(3)(d).
14 WAC 162.12.140(3)(b).
15 SMC 14.17.010, 14.17.020(B).
16 RCW 13.50.050(2).
17 RCW 9.94A.640(3).
18 15 U.S.C. 1681a(o).
19 RCW 19.182.020.
20 15 U.S.C. 1681c(a)(2).
21 RCW 19.182.040(2)(c).
22 RCW 19.182.040(1)(e).
23 RCW 19.182.020(2)(d); 15 U.S.C. 1681b(3).
24 RCW 19.182.020(2)(d).
25 Obabueki v. IBM, 145 F. Supp. 2d 371 (S.D.N.Y. 2001); H.R.Rep.No. 103-486, at 30 (1994).
26 RCW 19.182.110; 15 U.S.C. § 1681m(a).
27 15 U.S.C. § 1681i(a)(1)(A), (a)(4)-(5), (d).
28 RCW 49.60.180.
29	EEOC Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil
Rights Act of 1964 (“EEOC Enforcement Guidance”), created April 25, 2012, available at www.eeoc.gov/laws/guidance/arrest_
conviction.cfm#V (last visited March 26, 2017), at § V.
30 Id. at § V.B.9.
31 Id.

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32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49

SMC 14.17.020(E).
SMC 14.17.010.
SMC 14.17.020(F).
Id.
WAC 162.12.140(3)(d).
Id.
EEOC Enforcement Guidance at § V.B.2.
Id.
SMC 14.17.020(C-G).
RCW 19.182.020(2)(c).
Becky Turner, supra
EEOC Enforcement Guidance at § V.B.9.
EEOC Enforcement Guidance at § V.B.2.
Becky Turner, supra
RCW 50.04.030, 50.20.010, 50.20.050-060.
RCW 50.32.020.
RCW 50.32.070.
RCW 34.05.518.

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Voices of Reentry: Kyrrah

Kyrrah was in solitary confinement when he got his release date and learned
that he had unexpectedly gotten into work release.
On entering work release and planning for his education: I was shocked, I was excited. I’d been there for overfour years at that time. My counselors knew my plans for after release, knew I wanted to go to school, but noneof them thought I’d follow through. I was like, “Look, the quarter starts three days after I get out of work release.
I need to get all of my paperwork done.” I’d already done the FAFSA, the FSAID, all of the admissions, but I needto go fill out the other paperwork. My counselor’s like, “Okay, anything having to do with school, just put in apass for it and I’ll sign it,” and she did.
On avoiding the “prison mindset”: It started in prison. I didn’t hang out with “those guys,” you know? I havezero tolerance for disrespecting women, kids, old people, and you know, those guys, they’re just a bunch of
dirtbags. There’s a lot of people in prison that should be in prison. There’s a lot of people who’ve just made aseries of bad decisions and been caught for them, and learned from them, and those were most of the people I
hung out with. I didn’t get involved with all the prison politics. And sure, there’s certain things, like I got out andI called my mom and I said, “Man, my stomach is killing me, I gotta go to the doctor,” and she said, “When’s thelast time you ate?” I hadn’t eaten in three days, because nobody called chow.
On resolving to stay out: By getting sent to the hole for nine months, I had plenty of time to think, “What do I
have to do to never, ever come back here again?” And it’s like, I have to change everything in my life, so what
do I have to do, what program am I gonna do, what kind of schooling or vocational program, what do I have to
do to not come back here?
On life after prison: I have been steadily going up the entire time. And I think the reason is because I’m so
proactive. Not only for helping myself, but all the people that I hang out with, that I work with, that I help at theschool. I am always busy. I think if I wasn’t busy I would have low points, but literally, right now, I’m working fivejobs. I work at Pioneer Human Services, I work at the college information desk, I work as a tutor, I work as a TA,
I tattoo, I have this internship, I’m working with a partner doing a web development project for large amountsof money on the side, and I do the reentry program… so I guess I have seven jobs. I have ten hours of classes a89

week, about fifteen hours of homework a week. I am busy close to a hundred hours a week, and I’m okay withthat. I stay really active, really busy, really involved. I sleep four to six hours a night.
On what he’d tell someone just about to leave prison: Make a plan before you get out or you’re screwed. Seriously,
if you don’t have a plan when you get out, you’re going to do the same thing and you’re going to be screwed.
On how he stopped using drugs: Instead of selling dope and doing dope, we go fishing, or we do homework, or
we hang out, or we drink, but we don’t drink excessively. We’ve learned how to do different things to have thesame amount of fun. It was a bigger rush watching him catch that trout yesterday than doing a big fat shot of
dope. He was sleeping with the fishing rod and was like, “Oh my god I got one!” My adrenaline spiked. We go out,
we spend three hours trying to find a place to go fishing, we do cool stuff. Except, we don’t go to prison for it.
Kyrrah is now preparing to start his bachelor’s program and is engaged to marry his fiancée. In addition tohis seven jobs, he volunteers 25 hours per week helping formerly incarcerated students navigate the college
bureaucracy.

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Chapter 5: Family Law: Child Support
The Bottom Line:•

When a child’s parents do not live together, the parent who does not live with the child (called thenoncustodial parent or the responsible parent) is often required to pay money to the child's other parent
or primary guardian (called the custodial parent) to provide for the child's basic needs. If you owe childsupport, your specific financial obligation will be determined based on your income and laid out by a courtor the Division of Child Support (DCS) in a document called a child support order. You are required by law
to make payments as set out in your child support order.

•

If you don't pay your child support, DCS can take enforcement actions such as garnishing your wages,suspending or revoking your driver's license, seizing property, or referring your case to the county
prosecutor for contempt of court, which could result in jail time. In addition, any child support you don't
pay accumulates as debt that you are still responsible for. In some cases, you may be able to reduce yourpast child support debt through a process called a conference board; see section 22 for more information.

•

Your monthly child support obligation does not go away if you are arrested or incarcerated. If you
are unable to make payments because you are in prison, you may be able to have your support amountmodified or adjusted; see section 15 for more information about modifying your child support order. DCS
will also continue looking for ways to collect support from you while you are incarcerated, and may be able
to seize any assets you have, place liens on your property, and seize money from your jail or prison account.

•Note that child support obligations cannot be modified or adjusted retroactively. In other words,
suppose that your monthly child support payment was $550, and that you went to prison in 2015 but
didn't make any attempt to modify your child support order until 2018. In 2018, you receive a modification
reducing your monthly support obligation to $50. That modification does not apply retroactively to reduce
the support you were responsible for from 2015-2018, and you will still owe debt equal to $550/month forthe three years before you modified your order. For this reason, it is important to modify your order as soon
as possible after you are incarcerated.

•

If you are served legal papers concerning child support while you are incarcerated, do not ignore them.
Open them and read them as soon as possible so that you have time to respond; if you do not respond,an order can be entered without your input (this is called a "default judgment"). If the papers are about
a hearing, make sure that the court or agency knows that you are incarcerated, and see if it is possible toparticipate by phone. See sections 11-14 for more advice about responding to child support papers while
you are in prison.

•

After you are released, you should contact DCS. You may wish to inform your Support Enforcement Officer(SEO) of your release date in advance so they can help you work out a plan to pay your child support
obligation. If your obligation was reduced while you were incarcerated, you should expect that either DCS
or your child's other parent will seek a modification to increase it again once you find a job and startworking. Just like when you were in prison, your child support obligation does not disappear if you can't
find work. Make sure to keep in touch with your SEO during your job search; letting DCS know you arelooking for work can help you avoid some of the enforcement consequences like license suspension. See
sections 16-20 for more information about managing your child support obligation after you are released.

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If you were the custodial parent before you went to prison: It is possible that rather than owing childsupport, you were receiving support from your child(ren)'s other parent because you were their primary
caretaker before you were incarcerated. Once you go to prison, you cannot receive child support because
you are not living with your child and are no longer the custodial parent. The person who is caring foryour child while you are in prison can apply to DCS for child support, and the money that was originallysent to you can go to that person. Additionally, since you are now a noncustodial parent, you may become
responsible for paying support. See section 23 for more information on this topic.

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FAMILY LAW: CHILD SUPPORTIntroduction
This chapter will outline your child support obligations and how to manage them during and after incarceration.
Your child support obligations will not go away just because you are incarcerated, so it is important that you
are proactive about dealing with them. If you ignore your obligations, things will only get more difficult for you.
The most important thing you can do while you are incarcerated is avoid accumulating child support debt
and deal with any debt that has already accumulated. It is important that you do not ignore any child support
papers you receive. Make sure to open and read them! This chapter will help you understand what the papers
mean and provide information on what to do next.
As you read this chapter, it will be important for you to understand the meaning of the following terms:•

Child Support Order: A legally enforceable document that requires a person to pay money for the support
of a child and/or to provide medical insurance for the child. A child support order may be issued by a court,
the Division of Child Support, or in some cases by an Indian tribe.

•

Custodial Parent: The parent (or non-parent caregiver) with whom the child lives most of the time. Thisparent will be the one who is supposed to receive child support.

•

Noncustodial Parent: The parent with whom the child does not live most of the time. This parent will be theone who is supposed to pay child support. The NCP is sometimes called the “Responsible Parent” because
they are responsible for paying child support.

•

Division of Child Support (DCS): The Department of Social & Health Services (DSHS) Division of Child
Support (DCS) is the Washington state agency that sets and enforces child support orders. They workwith both parents to ensure that children are provided for. For information about DCS, and your childsupport case, visit the DCS website at www.dshs.wa.gov/esa/division-child-support or call the DCS hotline
at 1-800-442-KIDS (5437). Any mail for DCS, including correspondence or documents about your case, canbe sent to: DCS, PO Box 11520, Tacoma WA 98411, or faxed to: 866-668-9518. Child support payments go to
the Washington State Support Registry (WSSR), PO Box 45868, Olympia WA 98504.

Understanding Child Support
1. What is child support?
Every parent has a legal responsibility to provide for the needs of their child, which includes providing food,clothing, shelter, education, and health care.1 Child support is money that a non-custodial parent pays to theperson who has custody of their child to help provide for the child. The parent paying child support is called thenoncustodial parent (NCP), the obligor, and sometimes the “Responsible Parent” because they are responsible
for providing child support. The person receiving child support (called the custodial parent, or CP) could be
the other parent or another person if someone else is the legal guardian of the child lives with a non-parental
caregiver. The specifics of your child support obligation are contained in your “child support order.”In most cases, the child support order will provide that child support must be paid to the Washington State
Support Registry (WSSR), unless the order specifically says that payments must go directly to the custodial
parent. When the child is receiving Temporary Assistance for Needy Families (TANF), child support payments

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are kept by DCS to reimburse the government for the TANF assistance that was already given to the child. If thechild is not receiving TANF, support payments are sent by DCS to the custodial parent.
If you get behind on your child support payments while the child is receiving TANF or in foster care, your childsupport debt will be owed to the state instead of the custodial parent. Back child support debt will be coveredin more detail in section 22.

2. How does a child support case start?
Before a child support order is entered, a case must be started. A child support case can start in one of five ways:•

Court action. If either parent files a divorce case or any other type of case that involves the custody of thechild(ren), the court may also enter a child support order in that case. If the order requires payments to bemade through DCS, then the child support order is sent by the court to DCS, which opens a case to enforce
the order. If the order doesn’t require payments to be made through DCS, then DCS won’t open a caseautomatically, but either parent may file a nonassistance application (see below).

•

Public assistance. If the custodial parent applies for Temporary Assistance for Needy Families (TANF), achild support case will automatically be opened by DSHS except in very limited circumstances.

•

Foster care. If a child enters foster care, either by voluntary placement or by court order, a child support
case will automatically be opened by DSHS. For more information on Child Custody issues, please see theChild Custody chapter of this Guide.

•

Nonassistance application. Either the custodial parent or the noncustodial parent can apply for support
enforcement services from DCS. Having DCS involved can benefit custodial parents because DCS can assist
with collecting support. It can also benefit noncustodial parents by ensuring accurate accounting of all
payments made.

•Order from another jurisdiction. If you owe child support in another state, tribal court, or another country,
DCS can enforce the order in Washington.

3. Who is a “parent” of a child?
A child support order can only be entered against a noncustodial parent if the legal relationship between theparent and the child has been established. It is not enough for the parent and child to be biologically related,
and it is possible for a person to be the legal parent of a child who is not biologically related to them. There are
four ways that a person can be determined legally to be the parent of a child:•

Birth Mother. A woman who has given birth to a child is the legal parent of the child.

•

The “Marital Presumption.” A person is presumed to be a parent if he or she is married or in a domestic
partnership with the mother of the child and the child is born during the marriage or domestic partnershipor within 300 days after it is ended.2 Importantly, this may leave a person who is not the biological parentof a child responsible for providing support for the child until his or her paternity can be disproven, which
can only be done for a limited time. See below for more information on how to dispute paternity.

•

Acknowledgment of Paternity. This is a legal document in which the birth mother and the biological father
state under oath that the father is the only possible biological father of the child. If the mother is married tosomeone other than the biological father, then the Acknowledgment must be accompanied by the spouse’s
Denial of Paternity, which states that the spouse knows that he is not the biological father of the child.

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Parents are usually given the chance to sign the Acknowledgment form when the child is born, but it can also
be signed later so there is no pressure to sign it right away (although note that if you choose to file it after
you leave the hospital, you will have to pay a $15 filing fee). DCS offers free genetic testing to parents who
are thinking of signing an Acknowledgement through the DCS Voluntary Paternity Testing Program. Oncethe Paternity Acknowledgment is filed, the legal relationship between the father and child is established.3
For more information on Paternity Acknowledgments, visit the DCS website: www.dshs.wa.gov/faq/howdo-i-establish-paternity-signing-paternity-acknowledgment. For more information about obtaining a copyof your Paternity Acknowledgement, see Northwest Justice Project’s publication entitled “How do I Request
a Copy of My Paternity Affidavit?” in the Resources section at the end of this chapter.

•

Court Order: A state court, tribal court, or court in another country can also establish who the child’s parent
is by court order. This can be done in a paternity case, case (often after genetic testing has been done), ina paternity disestablishment case, or in an adoption.

4. How can I dispute paternity?
If you believe that you are not the biological parent of the child for whom you owe support, it is possible thatyou may be able dispute the legal status using one of the following mechanisms:•

Rescission of Paternity Acknowledgment. Either parent who signs a Paternity Acknowledgment may
change his or her mind within 60 days by filing a court action called a “rescission.” If either parent was aminor when the Paternity Acknowledgment was signed, the parent who was a minor can file a court action
to rescind the acknowledgment on or before that person's 19th birthday. If the court grants the rescission,
Department of Health will remove the parent's name from the birth certificate.4 After the rescission period,a challenge to the Acknowledgment may be filed in court for up to 4 years, but the parent has to prove thatthey signed the form as a result of fraud, duress, or factual mistake.

•

Paternity Disestablishment. If a person is the presumed parent of a child and does not believe that they are
the biological parent, then they may be able to file a court case to disestablish paternity. There are manyfactors such as the age of the child, the basis of a presumption of parentage, and any prior legal actions,that determine whether this can be done. This is a complex legal issue, and you should consult an attorney
to find out what options are available to you.

Child Support Orders and Enforcement
5. How is a child support order established?
Child support orders in Washington can be set either in court or by the DCS administrative process. Childsupport orders can also come from other states or countries, or from tribal courts. For this chapter, we will lookat Washington court and administrative orders.
•

Administrative Orders. If the legal relationship between the parent and child has already been established,
then DCS can set an administrative child support order. In order to do this, the Support Enforcement Officer(SEO) gathers whatever information they can about the income of the parents (by looking, for instance,at state Employment Security records), and uses that information to calculate a proposed child support
amount. They send that calculation to the parties in a document called a Notice and Finding of Financial
Responsibility. If neither parent objects to the calculation, it becomes a legally enforceable order. If either
parent objects (either in writing or by calling their SEO), then a hearing is set and the final child support
amount is decided by an Administrative Law Judge.

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Court Orders. If the legal relationship between the parent and child has not been established, then a courtcase (called a paternity or parentage case) must be filed in order to establish that relationship. Once thathas been done (often, but not always, after court ordered genetic testing), the court can enter a childsupport order. Courts can also enter child support orders through other cases that deal with the custody ofchildren, such as divorces and parenting plan cases.

It is usually faster and easier to get an administrative order than a court order, and administrative orders are alsoeasier to modify when circumstances change. So, a person who is filing a court case where a child support order
may be entered (such as a divorce) may choose to also ask DCS to set an administrative order. If this happens,then the court will have the option of either setting its own order, which would “supersede” the administrative
order, or it could decide to not enter a separate order and allow the administrative order to stay in place.

6. How are child support amounts determined?
Child support amounts are determined by the Washington State Child Support Schedule (WSCSS) and the
WSCSS Worksheet. If you know your income and the income of the other parent in your case, you can estimate
your child support amount by using the online estimator, available at https://fortress.wa.gov/dshs/dcs/SSGen/
Home/QuickEstimator. The WSCSS determines the monthly child support obligation based on both parties’
income and the number of children to be supported and comes up with a presumptive (probable) amount ofchild support. Even if the noncustodial parent’s income is very low, there is a presumption that they will pay atleast $50 per month per child. There may be reasons why the presumptive amount goes up or down, dependingon the facts of each case. Reasons why the court would set support above or below the presumptive amount(this is called a “deviation”) include other children the noncustodial parent has an obligation to support, assets
or debts, and limits on either parent's earning capacity, such as incarceration, disabilities, or incapacity.

7. How does DCS enforce a child support order?
DCS may be involved in a child support case in one of two ways:•

Payment Services Only (PSO). This is where DCS acts as a “middle-man” in the payment process. The
noncustodial parent submits payments to the Washington State Support Registry (WSSR), and thepayments are recorded and then sent to the custodial parent. DCS does not take any enforcement action
when payments are late or missed. At any time, either parent may request that a PSO case become a full
enforcement services case.

•

Full Enforcement Services. This is where DCS enforces all current and back support owed under a childsupport order. Enforcement includes, but is not limited to, garnishing wages, revoking driver’s licenses,
and seizing property if child support payments are not made. If you are out of jail and don’t make yourpayments, DCS may also refer your case to the county prosecutor for contempt of court, which could resultin jail time.

Managing Your Child Support Obligations While You Are Incarcerated
8. What happens to my child support obligation while I am in prison?
Your monthly child support obligation does not automatically go down or stop because you are in prison.
However, you may be able to modify or adjust the support amount if you can’t afford to pay it while you areincarcerated. Washington does not allow child support obligations to be modified retroactively. This meansthat you can’t wait until after you are released to modify your obligation. If child support debt builds up while96

Washington Reentry Guide

you are incarcerated, you will have to pay it when you get out. Because of this, it is very important to try tomodify your child support as soon as possible when you become incarcerated.

9. Does DCS enforce my support obligation while I am incarcerated?
DCS can and will continue to look for ways to collect support from you even if you are incarcerated. This may
include filing liens or a credit report to secure support debt. If you have assets or accounts, DCS may attempt
to seize them. It may also seize any money in your jail or prison account.

10. Can the State deduct funds from my prisoner trust account or work program earnings
to pay for child support obligations?
If you owe child support obligations, the Department of Corrections (DOC) is required to make certain
deductions from your prisoner trust accounts and work program earnings. Deductions are based on priority.
Child support obligations are deducted after money for victims’ compensation and legal financial obligations(LFOs). If you are working a Class I job through Correctional Industries, 15% of your wages will be deducted to
pay child support. Also, 20% of any money you receive that is not deposited into your postage account or thatis awarded as part of a legal action can be taken to pay child support costs.
DOC is subject to certain limitations when it comes to deductions. Earnings from a state or federal work
release program cannot be deducted to pay child support obligations. Additionally, DOC cannot deduct money
provided for payment of certain medical expenses. This limitation covers medical expenses associated with thepurchase of eyeglasses, over-the-counter medications, and offender copayments. However, DCS is not subject
to these same limitations and can send DOC an Order to Withhold and Deliver, which asks DOC to take moneyfrom your prison account. Even so, an inmate’s account cannot be lowered by deductions past the point ofindigence, meaning that any withholding cannot make the balance of the account go below ten dollars.

11. What should I do if I am served legal papers concerning child support while I am
incarcerated?
The worst thing you can do with legal papers is to ignore them. If you don’t open and read them, bad things
can happen! It is extremely important that you open and read them as soon as possible. This will give you
the most time to respond to whatever legal papers you receive. If you don’t know what the papers mean, findsomeone to explain them to you and help you figure out when and how to respond. Usually the papers will
include information about how to respond. It is important to follow those instructions as closely as possible.
Your ability to respond or to appear at a hearing will be limited because you are incarcerated. If you can get help
from a family member or a friend who is not incarcerated, that may be helpful. The staff at your facility may also
be able to help you with phone calls or internet searches. Ultimately, the burden is on you to figure out what
to do. If you do not respond, a “default order” can be entered without your input. This is why it is important to
let the appropriate people know that you are incarcerated and that you cannot appear in person and can only
participate in a hearing by phone. You may need to request a different hearing date or time. You should find out
how to make arrangements with jail or prison staff so that you can participate by phone. You should also write
down all of the efforts that you make to respond in your case. That way, if you are not successful, then after you
are released you will be able to show that you tried to respond.
If you are served with a petition for a court order, you will most likely have twenty days to respond. If you areserved with a motion, such as a Motion for Adjustment of Child Support, you may have less time to respond. The
paperwork you receive should give the deadline for responding. If the paperwork does not provide a deadline,
you will have to check the local court rules or call the court clerk’s office or a family law facilitator to ask for the97

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deadline. Local court rules can be found on the Washington Courts website here: www.courts.wa.gov/court_
rules/?fa=court_rules.local&group=superior.
The Northwest Justice Project has step-by-step guides and instructions for filling out the proper paperwork
when responding to a motion for adjustment or a petition to modify. They are titled “Responding to a Motion
to Adjust Your Child Support Court Order” and “Responding to a Petition to Modify Your Child Support Court
Order,” and they are also included in the Resources section at the end of this chapter. These packets can befound online. If you are still incarcerated, you can ask a friend or relative to print them out and mail them to you.

12. What do I do if I can’t respond before the deadline to the paperwork I received?
If you were served with an administrative order and can’t respond by the deadline, you should contact the SEO
on your case right away. The name and phone number will be included on the notice. If you can’t call them, you
can write or fax them. You can find contact information for DCS in the introduction to this chapter.
If you have been served with paperwork from a court, and you do not have enough time to respond, you cantry to get a continuance, which pushes the court hearing date to a later day. You can usually get a continuance
if the other party agrees to the continuance or, if they do not agree, you can ask the court to grant you one.
To get a continuance by agreement (when the other party agrees to the continuance), contact the other partyor their lawyer to find out if they will agree. If the other party has a lawyer, you must contact the lawyer. If theyagree, ask for confirmation in writing. After they have agreed and provided written confirmation, they will haveto tell the court they want a continuance. You should call the court clerk to make sure the other party has asked
for a continuance and also to find out if a new date has been set.
To get a continuance by court order (when the other party does not agree to the continuance), you will haveto file a declaration with the court asking for a continuance. Use the declaration to explain why you need thecontinuance. In the declaration, explain specifically why you are unable to respond on time, how you will be
negatively affected if not granted the continuance, and how you will use the continuance to adequately respondto the motion. Be sure to inform the court of your incarceration and explain the limitations and restrictions you
experience because of your incarceration.
The Northwest Justice Project (NJP) has a publication titled “Family Law: How to get a Continuance of Your
Hearing” that is available online and included in the Resources section at the end of this chapter.

13. How do I participate in a child support hearing if I am incarcerated?
Court hearings are almost always held in person. Unlike criminal hearings, where the defendant is often brought
to court, it is rare that an inmate will be allowed to attend a child support hearing in person. However, the court
may allow inmates to participate in their hearings by phone. In order to get that approval, you will need tocontact the court clerk to find out how to request a telephone hearing. Work with your case manager inside theprison to figure out how you can contact the court and have access to a phone for the hearing.
Administrative hearings are conducted by telephone, so you will not need special permission to participate byphone. You will have to provide the Office of Administrative Hearings (OAH) with a telephone number where
they can reach you, and the phone must be able to receive calls from a blocked phone number. Work with yourcase manager inside the prison and give DCS your case manager’s phone number to ensure you have reliable
access to a telephone on the exact date and time you need to call. Generally, OAH will wait for fifteen minutes
after the start time of your hearing for you to appear by phone. After those fifteen minutes have passed, adefault judgment or order can be entered against you. If you are unable to meet these requirements, call the98Washington Reentry Guide

DCS Representative on the case (the name is included on the Notice of Hearing form) and call OAH to let bothof them know about your limitations.

14. Do I have a right to free legal help at child support hearings?
Unfortunately, you do not have a right to have an attorney appointed to represent you in child support hearings.
In an administrative hearing (but not in court), you can be represented by a friend, family member or otherperson. In court, only an attorney can represent you. However, there are free resources you should look into to
prepare for your hearing.
The end of this chapter contains a Resources section that includes publications explaining various aspects ofchild support in greater detail than this guide. These packets will tell you what forms you will need and how tofill them out, and other useful information.
The Resources section also includes a list of local court facilitators, some of whom focus on family law and may
be able to assist you in child support proceedings. Court facilitators cannot provide legal advice, but they willknow the local rules for your county court and the procedure you will need to follow for specific legal actions.
The cost varies by county. Facilitators will typically charge a fee of around $30, but if your income is below 125%of the federal poverty guidelines you may be able to get that fee waived.

15. Can I change my child support order because I am incarcerated?
Your child support obligation can be changed (most likely lowered) by getting either an adjustment or amodification of your child support order. The terms “modification” and “adjustment” refer to slightly different
court processes, but both mean “change,” and are used when talking about changing a court order for childsupport. Administrative orders are modified, not adjusted. In some cases, DCS will start a modification when
they find out a parent is incarcerated, but most of the time it is up to the incarcerated parent to ask for amodification.
The process for changing a support order depends on whether you have an administrative support order
or a court order. Modification of an administrative order can be completed fairly quickly; a modification or
adjustment proceeding in court may take about six months. Be aware that complications may arise if yoursupport order was entered by another state or country, or by a tribal court; it’s not impossible to modify theseorders, but it will probably take longer.
Modifying an Administrative Order: Either parent or DCS can start the modification process for an administrative
order by filing a Petition for Modification. DCS can provide a form for you to use (DSHS 09-280B), along withsome helpful information. Once you file your Petition by mailing it to DCS, DCS will try to reach an agreementwith you and the other parent on the new support amount. If you can’t agree, then an administrative hearing isscheduled with OAH. See the discussion above on administrative hearings.
Modifying or Adjusting a Court Order: If you have a court order that needs to be changed, there are two
options. The easiest and cheapest way (Option 1) is to ask DCS to review your case. If they agree that it needs
to be changed, they will send it to the local prosecutor to file the case. The prosecutor does not represent youor the other party, but they will complete the paperwork and make a proposed order for the court, allowing you
and the other party to simply respond to their proposal. This is much easier than filing the case yourself andserving the other party, (Option 2). If you are incarcerated, Option 1 may be your only choice unless you canafford to hire an attorney to handle the case for you.
Note that while Option 1 is cheaper and easier, it may also be a bit slower. The earliest a change in the support
amount can occur is the date the petition for modification or motion for adjustment is filed. So, if you are doing99

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it on your own (Option 2), you can (in theory) file right away. Going through DCS and the Prosecuting Attorney’s
Office (Option 1) may take longer, and the start date for the changed amount may be delayed by a few months.
Information on how to modify your child support order via Option 1 or Option 2 is laid out below.
•

Option 1. In order to ask DCS to review your case for a modification you need to contact your SEO andask them to send you the necessary forms. If you don’t receive the forms, call again to make sure thatthey were sent, and request that they be re-sent if necessary. When you receive the packet, fill out theentire packet to the best of your ability. If you don’t have certain information, write in something like “I
don’t know,” or “Not Available.” The Northwest Justice Project has a packet called Asking DCS to Review
Your Child Support Case for Modification, which can help you to fill out the forms properly. The NJP
packet can be found in the Resources section at the end of the chapter. After you have completed thepaperwork, mail it to the DCS central mailing address:
Division of Child Support
P.O. Box 11520
Tacoma, WA 98411
Once the prosecutor files the case, you are not obligated to agree with their proposal. For instance, manyprosecutors will ask that you be ordered to pay the presumptive minimum amount of $50 per month per
child, even while you are incarcerated. While this may be much better than your current order, you canstill ask the court to order a lower amount, even $0 per month, while you are incarcerated.

•

Option 2. If you prefer to modify or adjust your court order on your own without going through the Divisionof Child support, you can use the “Filing a Motion to Adjust a Child Support Order” packet or the “Filinga Petition to Modify Your Child Support Court Order” packet published by the Northwest Justice Project
and available in the Resources section of this chapter. The packets contain step-by-step guides and copiesof the forms you will need to fill out. If you can’t afford the filing fee that the court charges to file yourpaperwork, then you can use the “Filing for Waiver of Your Filing Fee” packet to get that fee waived.

Managing Your Child Support Obligations After You Are Released
16. What should I do about child support once I am released?
Once you are released from prison, you should contact DCS. If possible, inform your SEO of your release dateprior to getting released. If you are open with your SEO about your pre- and post-release circumstances, yourSEO can be helpful in making sure your child support order matches your circumstances and giving you sometime to find a way to pay your support obligation.
You should also consider applying for DCS’s Alternative Solutions Program. Alternative Solutions Program staff
members have more time allowed for each case and can provide you with one-on-one help that can be more
responsive and personalized than the average case. To learn more about the Alternative Solutions Program,email AlternativeSolutions@dshs.wa.gov or call 360-664-5028.

17. If my child support order was modified during incarceration, what will happen to mysupport obligations once I am released?
Read your support order carefully. Sometimes when an order is modified because the noncustodial parent isin prison, the order will have a section that provides that the support obligation automatically goes back to
the old amount after a certain number of days after release. More often, there is no automatic increase in the100

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support amount, but you should expect that either the other parent or DCS may start a modification action
once you are working. Just like when you were in prison, if you get served with legal documents, be sure to readthem and respond as needed.

18. What happens once I go back to work?
Once you start working, you will need to start making child support payments again. It is best if you contact
your SEO to work out a payment agreement withholding amount that works with your financial circumstances
as soon as you get a job. If you don’t, DCS will probably send your employer a withholding order for fifty
percent (50%) of your “disposable income.” This means 50% of your net pay after mandatory deductions (suchas taxes or union dues) are made. If your paycheck shows deductions for a car payment or other voluntary
deductions, those amounts are included in the calculation of disposable income.
DCS is required to collect at least current support plus something on the support debt. You can negotiate theamount of the “something.” Your SEO will probably ask you to complete a form called the Statement of Resources
and Expenses to show how much money you have coming in and how much you spend. If you are working
on getting back on your feet financially, DCS may accept a low amount for a short period of time (about 3-6
months) if you agree to increase your payments and/or modify your child support obligation in the meantime.

19. What if I can’t find work after I am released?
Keep in touch with DCS, even if you haven’t been able to find a job. Your support obligation doesn’t disappear
just because you are not working. Letting DCS know that you are looking for work can help you avoid licensesuspension or a referral to the prosecutor for contempt of court.
If you qualify for unemployment compensation benefits, be aware that the Employment Security Department(ESD) shares information with DCS, and DCS can have ESD withhold up to 50% of your unemployment benefits.
When you receive unemployment benefits, you are usually required to actively seek employment, too.
If you are unable to work due to a disability, you should apply for ABD (Aged, Blind or Disabled) benefits withDSHS right away. If DSHS agrees that you are disabled, you will receive monthly cash benefits and there will be
restrictions on what DCS can do to collect child support from you. For instance, they won’t be able to suspend
your driver’s license. Being disabled may also be the basis for modifying your child support obligation, so checkwith your SEO right away if you have proof from a doctor that you are physically unable to work.
As mentioned earlier, the Alternative Solutions Program can provide access to job training and employment
opportunities to help you meet your child support obligations. If you are unable to find a job, it is a good idea
to ask your SEO to refer you to that program.

20. What do I do if I receive notice that the Division of Child Support (DCS) is trying to
get my license suspended because I am behind on my child support payments?
DCS can serve a Notice of Noncompliance and Intent to Suspend Licenses on you even while you are incarcerated.
However, unless you have other resources available that could be used to pay your support debt right then, DCS
won’t actually suspend your license until 51 days after your release, so you can wait until your release, thencontact your SEO to try to negotiate to keep your license. If DCS serves the Notice of Noncompliance on you
after you have been released, then you will have only 20 days to respond.
If your driver’s license was suspended before you went to jail or prison, you should contact DCS to find out if
the certification can be released so that you will be able to have a valid driver’s license when you get out. Note101

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that clearing up your child support issues may not immediately result in getting your driver’s license back if it
was also suspended for reasons other than nonpayment of child support.
Once you are released, you can ask DCS for a temporary payment agreement to avoid having your licensesuspended. These agreements are designed to give you time to find a job so you can start paying your fullobligation or modify your order to an amount that you can afford. As long as you comply with the payment
agreement, DCS will not suspend your license. If you fail to make the required payments, DCS will suspend yourlicense. Even if your payment plan allows you to make payments for less than your current support obligation,
remember that you will still accrue child support debt during this time, because you are not making the full
payment amount.

21. What resources exist to help me deal with my child support obligation?
The Resources section at the end of this chapter will direct you to a number of publications meant to help
parents just like you handle family law matters themselves. All of the publications can be found online. If you
cannot access them yourself while incarcerated, ask a friend or family member to print them out for you.
Once you’re released, you can also ask for help from the family law facilitators at your local superior court.
While they cannot give you legal advice, they can help you fill out the forms. For King and Snohomish counties,
you can walk in. Outside of those counties, contact your local superior court to find out when they hold theirfamily law facilitator hours. Contact information for court facilitators throughout the state is provided at theend of this chapter.

Other Considerations Related to Child Support
22. What can I do about child support debt from before I went to prison, or debt that
accrued while I was in prison?
Child support debt that accrued before you went to prison does not disappear. Even if you were able to modify
your support order (or orders) because of your incarceration, you may still have support debt.
There are a few options for dealing with existing child support debt. The law does not allow a “retroactive
modification,” which would reach back in time to change the support order so that debt would not haveaccrued. However, it is sometimes possible to have part or all of your support debt written off through the DCS
process called a conference board. A conference board is an internal, informal process that you can initiate bycalling your SEO. You can request a conference board over the phone or in writing, and you will probably be
asked to provide information or documentation to show why the child support debt is causing a hardship foryou. You can even ask for a conference board while you are still in prison so that you don’t have a giant debt
hanging over your head when you get out.
The conference board is authorized to write off or compromise (settle for a lesser amount) support debt thatis owed to the state of Washington. If your child received TANF while you were not in the same household, thechild support owed for that time period is owed to the State and can be written off by a DCS conference board.
However, the conference board cannot write off support debt that belongs to the other parent (or anothercustodian of your child) or to another state (if your child received TANF outside of Washington).
You may be able to negotiate directly with the other party or other state about any remaining debt. You should
talk to an attorney to find out your options.

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23. What if I was the custodial parent before I was incarcerated? What happens to thechild support I was receiving?
You cannot receive child support while you are incarcerated because you are not living with your child and are
no longer the custodial parent. The parent or person with whom your child lives while you are in prison canapply for DCS services, and the support that was formerly sent to you can go to that person. Since you are now
a noncustodial parent, DCS may also seek to establish an administrative child support order against you. Be
sure to deal with any legal paperwork you receive.
The person who is taking care of your child is entitled to receive child support, even if there is no support order
requiring the other parent to pay support to them. Before DCS can send support collections to the current
custodian, DCS will need to obtain a written statement from the custodian confirming that they have your childwith your consent or that they are the legal custodian of the child. As the payee under the support order, youwill receive a copy of the Declaration and a Notice of Intent to Distribute Support Money telling you that DCS
will be sending any child support payments to the current custodian.
See the Custody and Visitation chapter of this Guide for more information regarding temporary non-parental
custody.

24. What can I do if I disagree with an action taken by the Division of Child Support (DCS)?
Initially, you should speak with your SEO to see if there is any solution the two of you can work out regarding
your complaint. If that doesn’t work, then you have the option to request a “conference board.” A conferenceboard provides an informal review of complaints against DCS and then provides a resolution for the complaint.5
You can ask for a conference board by phone, mail, or in person. You will need to explain what DCS action you
disagree with and why, and you will need to provide information to support your claim. You will not be granted
a conference board if you are asking to change the amount of your child support, reduce debts owed to anyone
other than the State of Washington, or decide visitation or custody issues. Conference boards can only be used
to resolve disputes concerning actions taken by DCS to enforce your child support order, including any childsupport debt owed to the state.
A conference board is an informal process that may or may not require a meeting before a decision can be
made. If you provide enough information with your request or if you are asking for relief that the conferenceboard cannot provide, there will not be a meeting. If the conference board decides that they need to hold ameeting, they will mail you a notice with the date and time of the meeting. You can participate in the meetingin person or by phone. If you would like to participate by phone or need to make other arrangements, call thenumber provided on the notice.
If you disagree with the conference board’s decision, you may ask for an informal review of the decision by
writing to the Conference Board Manager at the following address:
P.O. Box 9162
Olympia, WA 98507
DCS has a pamphlet that provides useful information on conference boards titled “Child Support Conference
Boards” available at the following URL: www.dshs.wa.gov/sites/default/files/ESA/dcs/documents/22-386.pdf.

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Resources
Documents:•

Changing Your Child Support Court Order, Northwest Justice Project,www.washingtonlawhelp.org/resource/changing-your-child-support-court-order?ref=k2s8D#b11•

The Washington State Child Support Schedule: Setting Child Support, Northwest Justice Project,www.washingtonlawhelp.org/resource/understanding-the-wa-state-child-support-sche?ref=hKz0s•

Family Law: How to get a Continuance of Your Hearing, Northwest Justice Project,www.washingtonlawhelp.org/resource/family-law-how-to-get-a-continuance-of-your-h?ref=8sgOF•

Responding to Family Actions While Incarcerated, LegalVoice,
http://docs.legalvoice.org/Responding_to_Family_Law_Actions_While_Incarcerated.pdf•

Washington State Child Support Schedule, Washington Courts: Administrative Office of the Courts,
www.courts.wa.gov/forms/documents/WSCSS_Schedule2015.pdf•

Child Support and License Suspension, Northwest Justice Project,www.washingtonlawhelp.org/resource/what-to-do-about-a-license-suspension-notice?ref=sURfj•

Child Support Conference Boards, Department of Social and Health Services: Division of Child Support,
www.dshs.wa.gov/sites/default/files/ESA/dcs/documents/22-386.pdf•

Do You Owe Child Support, Northwest Justice Project,www.washingtonlawhelp.org/resource/do-you-owe-child-support?ref=sURfj•

Getting Your Paperwork Ready So You Can Get Help with Your Family Law Case, Northwest Justice
Project, www.washingtonlawhelp.org/resource/tips-on-how-to-get-your-paperwork-ready-soyo?ref=sURfj•

How do I Request a Copy of My Paternity Affidavit?, Northwest Justice Project,www.washingtonlawhelp.org/resource/how-do-i-request-a-copy-of-my-paternityaffid?ref=Rgqt8#i3925088B-0F25-0BFB-B28A-C3C3AB52E124•

How Can I Collect Child Support?, Northwest Justice Project,www.washingtonlawhelp.org/resource/how-can-i-collect-child-support?ref=sURfj

Packets and forms:•

Filing a Motion to Adjust a Child Support Order, Northwest Justice Project,www.washingtonlawhelp.org/resource/filing-a-motion-for-adjustment-of-a-child-sup?ref=rjkcT•Responding to a Motion to Adjust Your Child Support Court Order, Northwest Justice Project,www.washingtonlawhelp.org/resource/responding-to-a-motion-for-adjustment-of-your?ref=rjkcT•Filing for Waiver of Your Filing Fee, Northwest Justice Project,www.washingtonlawhelp.org/resource/filing-a-motion-for-waiver-of-your-filing-fee?ref=gLAuv•

Filing a Motion to Modify Your Child Support Court Order, Northwest Justice Project,www.washingtonlawhelp.org/resource/filing-a-petition-to-modify-your-child-suppor?ref=MNSCz

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Responding to a Petition to Modify Your Child Support Court Order, Northwest Justice Project,www.washingtonlawhelp.org/resource/responding-to-a-petition-for-modification-of?ref=MNSCz•

Finalizing a Modification of Your Child Support Court Order, Northwest Justice Project,www.washingtonlawhelp.org/resource/finishing-a-modification-of-your-child-suppor?ref=MNSCz•

How to Write a Declaration in a Family Law Case, Northwest Justice Project,www.washingtonlawhelp.org/resource/how-to-write-a-declaration-in-a-family-law-ca?ref=VlBsi•

Asking DCS to Review Your Child Support Order for Modification, Northwest Justice Project,www.washingtonlawhelp.org/resource/how-to-ask-dcs-to-review-your-child-support-o?ref=sURfj

Contact information for courthouse facilitators:
Counties marked with a * may not have a facilitator that specializes in family law.

County or Court

Phone Number

Benton County*
Chelan County*
Clallam County
Clark County
Columbia County
Cowlitz County*
Douglas County*Franklin County*
Grant County
Grays Harbor
Island County*
Jefferson County
King County—Seattle
King County—Kent
Kitsap County*
Klickitat County
Lewis County*
Lincoln County*
Mason County
Okanogan County
Pierce County
San Juan*
Skagit County*
Skamania County*
Snohomish County
Spokane County*
Stevens County
Thurston County
Walla Walla County*
Whatcom County*
Yakima County(509) 735-8388(509) 667-6380(360) 417-2588(360) 397-2292(509) 520-8679(360) 577-3016(509) 662-6156(509) 545-3525(509) 754-2011 ext. 401(360)-249-4472(360) 675-5415(360) 385-9125(206) 296-9092(206) 205-2526(360) 337-7164(509) 773-5744(360) 748-0430(509) 725-1401(360) 427-7775(509) 422-7132(253) 798-3627(360) 378-2163(360) 336-9440(509) 427-3765(425) 388-3795(509) 477-7612(509) 684-7576(360) 709-3269(509) 529-4980 ext. 122(360)-676-6777(509) 574-2695

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GlossaryChild Support Order: A legally enforceable document that requires a person to pay money for the support ofa child and/or to provide medical insurance for the child. A Child Support Order may be issued by a court, theDivision of Child Support, or in some cases by an Indian tribe.
Clerk of the Court: An officer of the court who handles matters like keeping records, entering judgments andproviding certified copies. Each courthouse has a Superior Court Clerk’s Office. Someone from the clerk’s staff
is also usually in the courtroom during hearings.
Continuance: Delaying your court hearing to a later date.
Custodial Parent: The parent (or non-parent caregiver) who the child lives with most of the time. This parent
will be the one who is supposed to receive child support.
Custody: The parent/person with whom the child lives most of the time has "custody" of the child.
Washington uses the term "primary residential care" rather than "custody."
DCS/ Division of Child Support: The Department of Social & Health Services (DSHS) Division of Child
Support (DCS) is the Washington state agency that sets and enforces child support orders.
Declaration: A written statement you make to the court under oath.
Default Order: An order you can get if the opposing party does not respond on time. When a court enters adefault order, the person who filed the petition/motion usually gets everything s/he asked for in the petition/
motion.
Enter (an Order): A judge or commissioner enters an order when s/he signs the order and it is filed with the
Court Clerk.
File/Filing: Giving court papers to the Court Clerk's office as part of a legal case. Filed court papers become
part of the official records in your court case. You file court papers to start (or respond to) a case or motion.
Hearing: Going before a judge to ask for a court order or to defend against another party’s request. Hearings
usually take place before the trial and are about specific issues.
Impute/Imputing Income: Estimating or guessing at an income for a parent whose income is unknown.
Motion: A request to the judge (or court commissioner) to make a decision about one or more issues in alegal case. Usually, one party in a legal case files a motion with the court. The other party has a chance to givethe court a response. The judge or commissioner issues a written decision called an Order that both parties
must follow.
Motion Docket: The court's schedule of motions to be heard.
Noncustodial Parent: The parent who the child does not live with most of the time. This parent will be the one
who is supposed to pay child support. The noncustodial parent is sometimes called the “Responsible Parent”
because they are responsible for paying child support.
Note/Notice of Hearing/Note for Calendar Motion: A written request to the clerk to schedule your case forhearing.

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Order: A judge or court commissioner's decision, usually written. In some cases, each party will give the judge
a proposed (or sample) order. The judge makes changes to and signs the order the judge decides is the rightone.
Petitioner: The person who first files a legal case. The petitioner in a form's caption does not change, evenwhen the other party later files motions.
Pro Se: Representing yourself in court.
Respondent: The person against whom a legal case was originally filed. The respondent in a form's caption
does not change.
Served/Service/Serving: When one party gives another legal papers, the other party has been served.
Waiver: Asking to be excused from something. When you file a motion for a fee waiver, you are asking thecourt’s permission to not have to pay the fee.

1
2
3
4
5

RCW 26.18.020 (definition of “Duty of Support”)
RCW 26.25.116(1)(a)&(b).
www.dshs.wa.gov/faq/how-do-i-establish-paternity-signing-paternity-acknowledgment
www.dshs.wa.gov/faq/how-do-i-establish-paternity-signing-paternity-acknowledgment
WAC 388-14A-6400

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Voices of Reentry: Karol

Karol was in and out of jail several times in Grays Harbor County. After her
last eleven-month sentence, she resolved not to go back.
On progress: I came a long way in the last couple years. Obviously I didn’t see my son the whole time I was
incarcerated, so he was with his dad. When I first got out he was still down in Grays Harbor, but now he lives up
here with me. I have my license, I have my own place, I pay all my bills on time, I pay my fines and have a vehicle.
It’s completely different. You know, I’d hoped… But it’s a lot better than I imagined.
On a change of perspective: When I got sentenced to a year, it was county jail so I didn’t get to do any programs.
I sat in a cell for eleven months, hardly got any visits and didn’t get to see my son. That’s when I realized, “This
isn’t worth it. I don’t want to do this.” So that really made me think, and want to change. Moving away, honestly,
was the best thing I could have done. I grew up down there, it’s a small town, everybody knows everybody,
everybody’s running around, so I moved up this way. I knew that to have my son move with me, I’d have to geta job first and be able to provide for myself, and then be able to provide for him too. I wanted to make sure I
got my priorities straight. I sat in there a long time thinking about it, and knew I was just going to have to do it.
On what she’d tell someone about to be released: Just keep going. You may feel like you’re in the darkness attimes, but the sun will always shine again. Things may seem difficult, but they’re not impossible, and if you keep
at it you will succeed. You have to keep your head up and stay focused on what you want out of life. You can’t
get caught in the struggles that you’re going through in your head or the little bumps that you have to jump
over. You can still jump over them and keep going. It’s definitely a better alternative than committing crimes
and getting in trouble.
Karol now lives in Seattle with her young son.

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Chapter 6: Family Law: Custody,
Visitation, and Parental Rights
The Bottom Line:•Child custody issues are incredibly complicated and fact-specific. While this chapter provides some general
information, in many cases your best option is to try to find an attorney to help you. For some types ofcustody actions (particularly a dependency action or a termination of parental rights proceeding), you will
be entitled to a free public defender; otherwise, you will have to find a lawyer to represent you on your own.
If you cannot afford an attorney, try calling your local bar association to see if they have any free legal clinics
you can access. Volunteer Lawyer Programs exist throughout the state of Washington and provide legal
assistance in family law and other areas of the law to people whose income before taxes is below 200%of the Federal Poverty Guidelines. You can find information about services near you by doing an Internet
search for "(your county) + volunteer lawyer program." You can also look at Legal Voice's publication on
how to find a lawyer in Washington, available at www.legalvoice.org/how-to-find-a-lawyer.

•Your specific child custody situation will depend on your custody arrangement before you went to prison
and what has happened since you were first incarcerated. For instance, if you had primary custody before
you went to prison, you may have left your children with their other parent or another family member, or
if there was no one to care for them, a dependency action may have been initiated. If you did not haveprimary custody, you may be concerned about retaining your visitation rights when you are released. See
Section 1 of this chapter for help understanding your current custody situation.

•

When a child's parents don't live together, the parents' individual rights and responsibilities may be laid out
in a parenting plan. If you and your child's other parent were married and later divorced, you may alreadyhave a parenting plan; otherwise, you may choose to establish one. There are pros and cons to establishinga parenting plan while you are incarcerated. For more information about parenting plans, including theprocess to establish one and some considerations that may affect your decision, see Sections 2-5.

•

A parenting plan can be modified when there is a change in circumstances, including the incarceration of
one of the parents. Modifications can be major (such as changing who has primary custody of the child) or
minor (such as making changes around visitation). If you already have a parenting plan, it's possible thatyour children's other parent may have petitioned the court to modify the plan when you went to prison. For
information on responding to a petition to change a parenting plan, and the impact of your incarceration
on an existing plan, see Sections 6-7.

•

If there is no responsible guardian to care for your child, the State will initiate a dependency action. A
dependency action is a series of court hearings to determine whether a child is dependent, meaning that
she has no parent or guardian who is suitable and available to care for her. If your child is found to be
dependent, she will be placed into foster care; if your child is in foster care for 15 of the last 22 months,
the State will initiate proceedings to terminate your parental rights. See Sections 8-11 for information on
dependency actions, what to expect, and how to respond.

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One of the most important things you can do to protect your custody and visitation rights is to make sure
you stay actively involved in your child's life. If your parental rights are ever in danger of being terminated,
you will need to prove that you maintained a "meaningful role" in your child's life, which could includeletters, visits, telephone calls, and other forms of contact. It is a good idea to keep a written log of thosecontacts in case you ever need to provide evidence of your involvement. You should also show interest inlegal proceedings involving your child; if you are incarcerated you will likely not be able to attend family law
hearings in person, but you can request that you be allowed to participate by phone. For more information
about steps you can take to get or retain your custody and visitation rights, see Section 15.

•

In order to regain your custody and/or visitation rights once you are released, you may need to "unwind"whatever custody arrangement was in place while you were incarcerated. See Section 16 for more
information about possible scenarios and how to modify them after you are released.

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FAMILY LAW: CUSTODY, VISITATION, AND PARENTAL RIGHTS
Introduction
This chapter outlines basic custody and visitation rights during and after incarceration and includes steps you
can take while incarcerated to maximize your chances of having custody and visitation with your children afterincarceration. The end of this chapter includes a list of resources that can help you navigate the family law system.
While reading this chapter, it is important to understand how child custody and visitation cases are decided.
Judges make their decisions based on what they believe is in the “best interests” of the child. This means thatfamily law decisions are unique and determined on a case-by-case basis. The judge will consider the following
factors from RCW 26.09.187 when deciding what is in the child’s best interest:•

the relative strength, nature, and stability of the child’s relationship with each parent;•

whether one parent has historically taken greater parenting responsibility and whether one parent has
demonstrated greater potential for parenting responsibility in the future;•

any agreements the parents have made with one another regarding custody;•

each parent’s ability to perform as a parent;•

the emotional needs and developmental level of the child; and•the wishes of the child, if she is mature enough to express them.

Because custody and visitation decisions are so individual, understanding the options available to you begins
with understanding your circumstances. With that in mind, the following sections will explore various scenarios.
You should look for the one that best applies to you.

Understanding the Basics: Who Has Custody and Why?
1. What happens to my child when I go to prison?
What happens to your child when you are incarcerated depends on whether you had primary custody (i.e.,
if you were the main person taking care of her day to day) before you were incarcerated. Read on for more
specific information about a few common scenarios.
If you had primary custody:
If your child lived with you before you were incarcerated, you can place her in a safe and stable home withfamily or friends while you serve out your sentence. A few different ways that you can do this and some pros
and cons of each are outlined below.
•

Leave your child with her other parent. If you have a good relationship with your child’s other parent, you
can leave your child with him or her. You can arrange to leave your child with the other parent informally(without putting anything in writing) or formally (with a written agreement or a court order). See Section 2
below for more information about parenting plans and arrangements with your child’s other parent.

•

Temporary Parental Consent Agreement (TPCA). If the other parent is not available or is not a suitable
placement for your child, you may choose to place your child with other family members or friends. You

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can arrange this informally; however, the person you appoint may be limited in the decisions they can makefor your child. For example, the caretaker may not be able to make medical decisions in the event of an
emergency.
One way to give decision-making authority to your child’s temporary caretaker is through a Temporary
Parental Consent Agreement (TPCA). A TPCA shows that you have given this third party temporary custodyof your child and allows the caretaker to make decisions that a parent would make.
A TPCA has a number of benefits. For instance, you can revoke it anytime you want. It is important to note,however, that a TPCA is not a court order, and will only work if the other parent doesn’t object. If the otherparent objects to the TPCA, his or her parental rights will likely trump the non-parent’s authority granted by
the TPCA. Getting a TPCA can be a good option if the other parent is no longer in the picture, if the otherparent agrees to it, or as a stop-gap while you pursue a more reliable option.
If the other parent objects to the TPCA, the friend or family member you selected to care for your childcan file a non-parent custody petition (see below for more details). Be aware that a non-parent custody
petition may result in the legal finding that you are an unfit parent for your child, which can negatively
affect your future family law actions. You should consult an attorney before pursuing this option.
•

Non-Parent Custody Petition. A non-parent custody petition is a request by a non-parent, often a very
close family member, to gain custody of a child. If either parent objects to the petition, the person filingthe action must prove either (a) that both parents are unfit, or (b) that living with either parent is an actual
detriment to the child’s growth and development.
If the non-parent who files the petition is successful in convincing the court that your child should live withthem, you may have a difficult time getting your child back after you are released. To learn more about nonparent custody, visit www.washingtonlawhelp.org/issues/family-law/nonparental-custody.

•

Foster Care. If you were not able to find someone to care for your child before you were incarcerated, andshe was left alone without a responsible adult to care for her, she may have been placed in foster care (seeSections 8-11 for more details). This may negatively affect your parental rights but does not automaticallyterminate them. The following section will only address when having your child in foster care could result inyour parental rights being terminated and what you can do to protect yourself. You are entitled to an attorney,
and if a dependency action was initiated, a public defender should have been appointed to represent you.
Generally, when a child has been in foster care for 15 of the last 22 months, the law requires the court
to start termination proceedings. During a termination proceeding, the parents’ parental rights may beterminated unless the court finds good cause why parental rights should not be terminated. A judge mayfind that good cause not to terminate parental rights if all of the following are true:»» The reason your child is in foster care is because you are incarcerated;»» You maintain a “meaningful role” in your child’s life; and»» The Department of Social and Health Services (DSHS) has not shown another reason why yourparental rights should be terminated.1

The court will look at a number of things to decide if you are maintaining a meaningful role in your child’s life
during your incarceration, including whether you show concern for your child through letters, telephone calls,
visits, or other forms of communication. The court will also consider:114

Washington Reentry Guide»» How well you work with DSHS or others to follow your service plan and repair, maintain, or build yourrelationship with your child;»» Whether you respond positively to the supervising agency’s reasonable efforts for your child;»» Whether your attorney, correctional or mental health personnel, or other individuals helping you
provide information showing you are doing your best to maintain a meaningful role in your child’s life;and»» Whether your continued involvement is, overall, in the “child’s best interest.”2
The court will take into account the fact that your incarceration limits your ability to participate in family support
programs, therapeutic services, foster care planning meetings, and court proceedings; limits your visiting
opportunities; and restricts your access to telephone and mail service. In other words, the court will consider
the above factors in light of the fact you are limited by incarceration.
If you did not have custody:
If you didn’t have custody of your child before you were incarcerated, then your child will remain with hercustodian. Your incarceration won’t affect custody in this scenario, but it will affect your ability to visit with yourchild. To learn more about visitation while you are in prison, refer to Section 13 below.

2. What is a parenting plan?
A “parenting plan” establishes the amount of time the child will spend with each parent, which parent will makemajor decisions about the child, and how the parents will work out disagreements. In Washington, if you havebeen divorced from the other parent, custody and visitation is determined by a court-ordered parenting plan. If
you and the other parent never married or are still married, you probably do not have a parenting plan; however,
you may be able to create a parenting plan if you want one. See Section 5 for more details.
Once a judge signs the parenting plan, it becomes a binding court order, which means that both parents must
follow it. If you or the other parent does not follow the parenting plan, the judge may find you in contempt of court.

3. Where can I find my parenting plan?
If you have a parenting plan, you can obtain a copy from the court that entered it. If you do not know the courtthat entered the parenting plan, have someone you know run a name search on the website for Washington
Courts: http://dw.courts.wa.gov/index.cfm?fa=home.home. They can use your legal name or the other parent’s
name. This will tell you the court and case number of your parenting plan. Then, you can have someone go
to the courthouse to request a copy. The clerk will charge a small fee for printing copies, and a larger fee forcertified copies.
If you cannot find the case number, the clerk can find it for you but may charge a research fee. Note that whileparenting plans should be available, parentage and dependency files are sealed. This means that the family
member or friend requesting the records can place the request, but the court will not release the documents
to them. If you need those files, your best option is to go to the courthouse yourself with a photo ID after you
are released.

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4. What do I need to consider before getting a parenting plan?
If you and the other parent have never gone through divorce proceedings (i.e. you are still married or you were
never married in the first place), you probably do not have a parenting plan. If you are thinking about getting
a parenting plan while you are incarcerated, you should consider your relationship with the other parent, howmuch longer you will be incarcerated, the ages of your children, and, what you might gain from having a court
ordered parenting plan.
Your relationship with the other parent is important for two reasons. First, if you have a good relationship withthe other parent, you might not need a parenting plan. Instead, you can arrange visitations (or phone calls if
visits aren’t an option) with your child and spare both of you the cost and stress of court. Second, if you andthe other parent can agree on the terms of your parenting plan without the court’s involvement, it will makethe process easier and faster for both of you. If you and the other parent cannot agree on the terms of yourparenting plan, it can take up to a year, or longer, to resolve. If you will be released in a year or less, it might bebetter for you to wait until you are released to start the process.
Your child’s age is important to consider along with your release date. If your child will turn 18 before you arereleased, a parenting plan won’t help ensure contact, since your adult child will not be bound by it. Parenting
plans terminate when the child is 18 years old, and a court will not order a parenting plan for a child who is 18 orolder. If your child is a legal adult, she can arrange contact with you privately.
If your child is not old enough to contact you privately, and the other parent won’t help you to stay involvedin your child’s life, you may decide to file for a parenting plan to establish a legal right to visitation, even if it is
only through phone calls. To learn more about visitation while you are incarcerated, refer to Section 13 below.
The short answer is that your child can visit you, but no one is obligated to bring her to see you. However, yourparenting plan could specify other types of visitation, such as letters or phone calls.

5. How can I get a parenting plan if I don’t have one?
If you choose to initiate a parenting plan while you are incarcerated, this section describes how to start theprocess. You should be aware that it is a complicated process and usually requires court appearances (which
will likely require making a motion to appear by phone). It may be difficult for you to initiate parenting plan
legal proceedings while you are incarcerated.
A parenting plan can only be established between two legal parents. If your name is on your child’s birthcertificate or if you legally adopted your child, you are a legal parent. If neither of those things is true, you
may still be a legal parent, but your situation is more complicated and you may need to prove your status. The
process varies based on your situation, but Washington Law Help has put together a guide that may be useful;
you can find it at www.washingtonlawhelp.org/resource/parentage-and-parenting-plans-for-unmarried-p.
Legal Voice has put together a similar guide for same-sex couples, which is available at www.legalvoice.org/
parenting-issues-same-sex-couples.
Once parentage has been legally established, you and the other parent can complete a parenting plan for
any children you have together who are younger than 18 years old. If you and the other parent agree on theparenting plan, you can submit an agreed order to the court and it will usually be approved.
If you and the other parent cannot agree on the parenting plan, you will have to ask the court to make aparenting plan for you. This is a complex legal action and may be difficult to complete while incarcerated. For
more information, visit www.washingtonlawhelp.org/issues/family-law/parenting-plans-residential-time.

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6. What if I cannot comply with my parenting plan because I am incarcerated?
There may be consequences for not complying with your parenting plan. The consequences you experience will
depend on your relationship with the other parent and the terms of your parenting plan.
•

Loss of Custody. If your parenting plan gave you custody of your child before you were incarcerated, theother parent can pursue a major modification granting him or her custody instead.

•Diminished or Altered Visitation. If your parenting plan doesn’t grant you custody but establishes visitation,
the other parent can pursue a minor modification that would change visitation.

For more information about major and minor modifications and how to respond, see the next section.

7. What is a parenting plan modification? How do I respond to a petition to modify myparenting plan?
To modify or change a parenting plan, either parent can file for a “parenting plan modification.”
Washington courts take parenting plans very seriously and a court will generally only change custody andvisitation in a few situations. If your child has been integrated into the family of the person asking for thechange with your consent, you can agree to the modification. Remember that each case is unique, and thecourt will make a case-by-case determination of what constitutes “substantial change in circumstances” and“best interests of the child.” You should consult with an attorney to receive specific advice for your situation.
The following section will explain the types of parenting plan modifications and the process for responding to them.
•

Major modifications. A major modification is a big change to your plan, such as changing the person who
has primary residential custody of a child. To make a major modification to a parenting plan, the person
filing must prove that there was a substantial change in circumstances for the child or the custodial parent.
Incarceration of the custodial parent is considered substantial change in circumstances. Information on
responding to a petition to modify a parenting plan is provided at www.washingtonlawhelp.org/issues/
family-law/parenting-plans-residential-time.

•

Minor modifications. A minor modification is a small change, such as a change in the visitation schedule.
To make a minor modification to a parenting plan, the person filing must prove that there was a substantialchange in circumstances for the child or either parent. Incarceration of the noncustodial parent is a
substantial change in circumstances that can be used to justify a minor modification.

To make a major or minor modification, the other parent may serve you with what is called a “Petition to
Change a Parenting Plan, Residential Schedule or Custody Order” while you are incarcerated. You will have 20
days to respond to such a petition. If you do not respond on time, the court will likely grant the other parent thechange they are requesting.
Child custody issues are incredibly complicated and can be difficult to navigate on your own, so you should
consult with an attorney if possible. If you cannot afford an attorney and wish to object to the proposedchange to your parenting plan, you can use the “Response to Petition to Change a Parenting Plan, Residential
Schedule, or Custody Order” form provided on the Washington State Courts website at www.courts.wa.gov/
forms/?fa=forms.static&staticID=14. Additionally, there are detailed guides on the Washington Law Help
website under the Family Law section; visit www.washingtonlawhelp.org/issues/family-law/parenting-plansresidential-time. If you are low-income, you may also be able to get help by calling the CLEAR hotline at 888201-1014 (available Monday-Friday from 9:15 a.m. – 12:15 p.m.).

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Dependency Actions and Termination of Parental Rights
8. What is a dependency action and when can a dependency action be initiated againstme? How do I respond?
A dependency action is a series of court hearings to determine whether a child is dependent on the state forprotection, meaning that she:•Has been abandoned by her parent, guardian or other custodian; or•Has been abused or neglected by a person legally responsible for her care; or•Has no parent, guardian or custodian able to care for her, and there is a danger of serious damage to her
psychological or physical development.

A dependency action can be initiated by any person or by the Department of Health and Human Services(DSHS) by filing a petition with the juvenile court. A dependency action will also be initiated if the child isremoved from the home. The goal of a dependency action is to allow the state to protect a child from harmwithin her family. You will be notified if a dependency action regarding your child is initiated, even if you areincarcerated at the time. You have the right to an attorney. If you are low-income, the court must appoint an
attorney for you.3 If a dependency action might terminate your parental rights, you also have the right to a free
attorney (see Section 11 for more information on right to legal assistance in family law proceedings).

9. What should I expect during the dependency process?
After a dependency action is initiated, the juvenile court will hold a “shelter care hearing” to determine the next
step. The shelter care hearing must occur within 72 hours of when the child was removed from the home (ifthe child was removed) or from when the petition was filed (if the child was not removed).4 At the shelter carehearing, the court decides where the child will live until the next hearing. If possible, the court will attempt toplace the child with a relative, but the primary consideration is the health, safety, and welfare of the child.5 It isvery rare for the case to be dismissed at this stage.
The next hearing is held thirty days after the shelter care hearing to evaluate the situation. You will be offered
the opportunity for you and your attorney to participate in a “case conference” with a DSHS social worker andother parties to discuss the next steps. If the circumstances have changed such that the child no longer needs
the protection of the state, the dependency will be dismissed. If the case cannot be dismissed, the state and theparents may agree on what is best for the child in the future. If they cannot come to agreement, the court willhold a trial to determine whether the child is “dependent.”
If your child is not found to be dependent, then your custody and visitation rights will not change. If your child isdependent, the court will issue a “dispositional order” that states where the child will live, your visitation rights
during any period in which she does not live with you, what social services programs you must complete to getor keep custody, and DSHS’s responsibilities in helping you complete such services. If the dispositional order
requires you to complete certain social service programs, the plan can be written to include social services
options available at your facility to the extent possible. Talk to your attorney for help with tailoring the plan toyour specific circumstances. The visitation granted in the dispositional order may have to be supervised (by arelative or someone else the court appoints). The court may also limit your visitation if it decides that the health,safety, or welfare of the child is at risk.
The court will conduct an initial progress review hearing either 60 days after the entry of the dispositional
order, or, if the child was removed from the home during the dependency action, six months after the child118

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was removed from the home.6 At this hearing, the court will review what progress is being made towards theobjectives set in the dispositional order.
Finally, no later than twelve months after the child was removed from the home, the court must issue a“permanency plan,” which may dismiss the proceeding if the concerns resulting in the dependency action havebeen resolved, or may address long-term foster care, emancipation, or termination of parental rights.
Like many topics in family law, dependency actions are complicated and incredibly fact-specific, so you should
be sure to consult with an attorney. Much more detailed information about what to expect during a dependency
action is available from Washington Law Help at www.washingtonlawhelp.org/files/C9D2EA3F-0350-D9AFACAE-BF37E9BC9FFA/attachments/EEBBB2C3-23CA-416C-B9AF-A7916C08A488/3120en_child-protectiveservices-and-dependency-actions.pdf (be sure to look at the chart at the end of the document).

10. Can I lose my parental rights forever?
If a child is found dependent on the state for protection, you can lose your parental rights through a “Terminationof Parent-Child Relationship” proceeding. The state will initiate this process if your child has been in foster carefor 15 of the last 22 months. A termination proceeding is also one of the possible outcomes of the permanency
plan that is entered at the end of a dependency action (see Section 8 for more information).
In order to avoid having your parental rights terminated, you must maintain a “meaningful role” in your child’slife. Evidence of maintaining a meaningful role in your child’s life may include anything showing concern forthe child, such as letters, telephone calls, visits, and other forms of communication. Even if you are prevented
from making actual contact, you should keep trying, since courts may not have sympathy for a parent who
gives up. Courts will also consider the parent’s efforts to work with DSHS in repairing, maintaining, or building
the parent-child relationship; limitations that prevent you from participating in foster care planning meetings,
court proceedings, and therapeutic or family support services; and whether your continued involvement in yourchild’s life is in her best interest.

11. Do I have a right to an attorney to help me with custody and visitation issues?
Unless the court’s actions are for dependency or termination of parental rights, you do not have a right to a free
attorney. If you qualify as “low-income” (meaning that you are at or below 200% of the federal poverty line)
and need help with non-criminal issues such as custody and visitation, you may be able to obtain low-cost legal
services by calling:•

2-1-1 if you live in King County or•

CLEAR at 1-888-201-1014 on weekdays 9:10 a.m. to 12:25 p.m. if you live elsewhere in the State of Washington.

You do have a right to an attorney in termination proceedings. If you cannot afford to hire a lawyer, a publicdefender will be assigned to you.7

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Understanding Custody and Visitation During Incarceration
12. Can I get custody of my children while I am incarcerated?
“Physical custody” refers to the right to have your child live with you. Generally speaking, you cannot have yourchild live with you while you are incarcerated. There are rare exceptions to this rule, such as Residential Parenting
Program (RPP) at Washington Corrections Center for Women. This program allows women who are pregnant
when entering prison to live with and raise their infants while serving their sentences. Women entering theinstitution are not automatically entitled to participate, but rather must apply to the program. Participants arechosen based on a screening process. If you are to be incarcerated at this facility and think you may be eligible
for this program, you should ask your counselor or community corrections officer for more information.

13. Can my children visit me while I am incarcerated?
In general, your child will be able to visit you while you are incarcerated, although she will be limited by the DOC
visitation policies that apply to any visitor. Your child will need to go through the regular visitation procedures
and requirements. Ask your classification counselor or community corrections officer for more information
about the rules at your facility.
That said, the person who is caring for your child is generally not obligated to bring her to the prison. Even
though you have the right to visitation established in your parenting plan or another order, you may not be able
to visit with your child in person if no one will bring her to you, and the court is unlikely to order them to. You
may still call and write, though, and you should do so regularly.

14. Do I have the right to attend custody and visitation court hearings?
You do have a right to be present at any court proceeding that may result in termination of your parental rights
or your child being declared a “dependent” of the state, as explained in Section 8, above. You will be notified
if a hearing is scheduled. You will typically have 20 days to notify the court of your desire to attend. Once you
request to be present, the court cannot proceed without you and your attorney.
You do not automatically have a right to attend family court hearings if you are incarcerated, though you can
ask the court to order your presence at the hearing. To do this, you should file a motion (a written request to a
court to take a specific action), that explains why your presence at the hearing is necessary and requests thatthe court allow you to appear by phone (if you are incarcerated, it is very unlikely that you will be able to betransported to physically appear in court for a family law proceeding). The court will decide whether to grant
your motion. Typically, you should also submit a proposal of the order you would like the court to sign.
You may be eligible for a furlough (a release without restrictions) if you have served the minimum amount oftime. If this is the case, you may ask to temporarily be released from prison or jail to attend the hearing. For
more information on attending court hearings, see “Responding to Family Actions while Incarcerated” by Legal
Voice, available at http://docs.legalvoice.org/Responding_to_Family_Law_Actions_While_Incarcerated.pdf.

15. What are the best things I can do while still incarcerated to ensure I can get or retain
custody or visitation with my child after I am released?
The most important thing for you to do is maintain contact with your child. You should communicate with yourchild as much as you can and make the most of visitation time with her. If your child is in foster care for an
extended period of time, a court may file a petition to terminate your parental rights, but a court is less likely
to do this if you are maintaining a “meaningful role” in your child’s life. See Section 11 for more information onwhat it means to maintain a “meaningful role” in your child’s life. It is also a good idea to keep a journal or log of120

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your contacts with your child and her social worker (i.e. all conversations, letters, voicemails, etc.). Having thisrecord may be useful in future family law actions to help you prove that you stayed involved in your child’s life.
You should show interest and concern in any legal proceedings regarding your child. Appear at any hearing at
which you are legally entitled to be present, and request to be present at hearings even if you do not have an
automatic legal right to attend (while you are in prison, you will likely have to attend by phone).
Call and check in frequently with your child’s social worker. This helps to show the court that you are interested inyour child’s welfare and are making efforts to maintain a meaningful role in her life while serving your sentence.
If there are parenting trainings available at your DOC facility, attend them. This will demonstrate to the courtthat you are committed to parenting your child after your release, and may increase your chances of having
favorable custody rulings in the future. It may also be useful to take classes on chemical dependency, anger
management, or other skills that would contribute to your ability to be a fit and responsible parent. Remember
to keep a record of all classes and trainings you complete.
Finally, do everything you can to prepare for reentry stability. Washington is a “best interests” state, meaningthat a judge will generally make an individualized determination of what is in the best interests of your childwhen making family law judgments. This means the court will make custody and visitation decisions that she
believes will encourage your child’s emotional growth, health and stability, and physical care. Having a stablepost-release life will help you demonstrate that you can provide those things to your child.

Understanding Custody and Visitation After Release
16. Can I get or regain custody of my children when I am released? How do I do this?
Whether you can get custody of your child after you are released depends on who had custody while you wereincarcerated and how custody over your child was established.
If you have a parenting plan:
When you are released, your parenting plan, if you had one, will still be in place with any modifications madeduring your incarceration. If your parenting plan does not grant you custody or visitation with your child, you
can try to modify it.
If you and the other parent agree on the proposed changes to the parenting plan, you can submit your modified
version to the court for approval. This is the quickest and easiest way to change the plan, so you should try toreach agreement if you can.
If an agreement is not possible, you can ask the court to change the parenting plan. To do so, you mustfile a petition and show the court that there has been a substantial change in circumstances that justifies
the change to the existing parenting plan. If you are seeking primary residential custody, you must be able
to show a substantial change in either the child’s life or the custodial parent’s life. If you are only seeking
increased visitation, you may also show a substantial change in your own life. Things like having stable
employment and housing will greatly increase your chances of getting or retaining custody of your children
once you are released.
For additional information on modifying parenting plans and other common custody questions see theWashington Law Help publication available at www.washingtonlawhelp.org/resource/child-custodymodification.

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If you do not have a parenting plan:
If the other parent has custody of your child and you do not have a parenting plan, you can get custody of yourchild with the other parent’s agreement or by asking the court for a parenting plan that gives you custody.
•

Gaining custody with the other parent’s consent. If you do not have a parenting plan, you can get custodyof your child if the other parent consents. This will require you to have a relationship with the other parent
that will allow the two of you to talk and work this out.

•

Gaining custody by establishing a parenting plan. If other parent won’t agree to give you custody, then
you will have to ask the court for a parenting plan that gives you custody. You and the other parent will eachsubmit your proposal for a parenting plan. This is done by filling out the “FL All Family 140” Form available
at the Washington Courts website (www.courts.wa.gov/forms). Washington Law Help has a guide for fillingout the parenting plan proposal, which is available at www.washingtonlawhelp.org/resource/parentingplans-and-child-support-for-dissolu. See Section 5 for more information on establishing a parenting plan.

If there is a Temporary Parental Custody Agreement (TPCA):
If you used a Temporary Parental Consent Agreement to leave your child with a friend or relative and it remainedin place throughout your incarceration, you can regain custody of your child by revoking the TPCA. A TPCA canbe revoked at any time and in any manner, but it is best to provide written notice to the non-parental custodianthat you are revoking the agreement. Make sure to keep a copy of the document for your records.
If there is a Non-Parent Custody Order:
If the court granted custody to a non-parent while you were incarcerated, you will need to seek a major
modification to the non-parent custody order. This is similar to the process for modifying a parenting plan,
but with one major difference. When the non-parent petitioned the court for custody of your child, they wererequired to prove that the child’s parents (including you) were unfit or that it would be an actual detriment
for the child to live with them. Because there is a record of you being identified as unfit, you will have to showthat there has been a change in your own circumstances as well as those of either the non-parent custodianor the child. This can be done by securing stable employment and housing, providing evidence that you haveworked to improve your parenting skills through therapy or classes, or providing evidence that you have beenrehabilitated and are not likely to be incarcerated again. Pay particular attention if the order states specificreasons for unfitness. These are not the only things you can do; they are examples of the types of things you
can use to show that you are no longer unfit to be the child’s guardian.
If the non-parent custody order was by agreement, without a court finding of unfitness or actual detriment, you
are still presumed to be a fit parent. When you move to modify the order, the other side must prove that you are
currently unfit. You do not have to show a substantial change in circumstances.

17. How can my conviction record affect future custody and visitation judgements?
Washington law favors custody and visitation arrangements that allow a child to have a relationship withboth parents, as long as those arrangements are in the child’s best interests. In creating a parenting plan ormodifying an existing parenting plan, a judge may take your criminal record into account if an aspect of yourcriminal history is relevant to your parenting ability. Evaluating your child’s best interests in light of your criminal
convictions is in the discretion of the court. You should consult with an attorney to find out how your specificcriminal record may affect the court’s decisions.
Certain types of convictions are viewed as particularly relevant to your parenting ability, such as domestic
violence, child abuse or abandonment, or certain sexual offenses. If your convictions involve sex offenses as
an adult, the court will assume you pose a danger to your child. You can challenge that assumption in court,

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but you must produce evidence of why that assumption is incorrect. If you live with someone who has been
convicted of a sex offense as an adult, the court will assume that person poses a danger to your child. You canarrange visitation with your child away from the convicted person or challenge that assumption in court withevidence that such person does not pose a danger to your child.
If your convictions involve child abuse or domestic violence, the court may make provisions to ensure yourchild’s safety, such as visitation exchanges in a protected setting or visitation supervised by professional or by
a neutral adult who is willing to protect the child from harm.
If you cannot afford an attorney, try calling your local bar association to see if they have any free legal clinics
you can access. Volunteer Lawyer Programs exist throughout the state of Washington. To find information
about services near you, Google “(your county) + volunteer lawyer program”. Volunteer Lawyer Programs
provide legal assistance in family law and other areas of the law to people whose income before taxes is below
200% of the Federal Poverty Guidelines. You can also use Legal Voice’s publication on how to find a lawyer in
Washington state, available at www.legalvoice.org/how-to-find-a-lawyer.

18. How does it affect my custody and visitation rights if the other parent or my child has
a protection order against me?
This depends on what the protection order says. Protection orders contain specific instructions about what you
can and cannot do. For example, some say to stay away from the child’s school, while others just say not to hurt
her. Be sure to read your order carefully and to do what it says. Consult an attorney if you are unsure what isallowed under a protection order against you.
You should have been given a copy of the order, but if you don’t have it you can obtain a copy from the courtthat issued it. Be prepared to pay a fee to access it. If you cannot afford the fee, you can simply look at the orderfor free in the court clerk’s office, but you must know your case number. If you do not know the court where
the protection order was issued, have a family member or friend run a name search of your legal name or thename used by you in the original custody proceedings on the website for Washington Courts: http://dw.courts.
wa.gov/index.cfm?fa=home.home. This will tell you the court and case number of your protection order, andyou can then have a family member or friend go to the courthouse to request it. The clerk will charge a small
fee for printing copies, and a larger fee for certified copies of the order. If you do not have the case number, theclerk can find it for you but may charge a research fee. Protection orders are public record, so a family member
or friend will be able to obtain a copy of the order.

19. Once I am released, can the other parent refuse to comply with the parenting planthat existed before I was incarcerated?
Both parents must comply with the parenting plan. In Washington, if one parent fails to comply with a provisionof a parenting plan, the other parent’s obligations under the parenting plan remain the same. Therefore, the otherparent may not refuse to follow the parenting plan because your incarceration prevented you from complying
with the original plan. If the other parent wants to change the parenting plan, they must ask the court for amodification. Even if the other parent refuses to comply with the parenting plan, you must continue to comply
with it, as noncompliance may hurt your chances for favorable findings in future family law proceedings.

20. What can I do if my child’s other parent refuses to comply with the parenting plan?
There are a number of things you can do if the other parent refuses to honor the parenting plan.

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Demand Letter. You can send the other parent a letter explaining the violations and asking that they correct
them. Keep a copy of the letter for your records. Send the letter by certified mail, if possible, so you will
have proof the other parent received the letter. The other parent may choose to follow the parenting plan
as a result of your letter, but if not, the letter can later show the court you acted reasonably and attempted
to resolve the issue. Because the court may later see this letter, you should make sure your letter is polite
and to-the-point. The letter should also make specific reference to sections of the final parenting plan andhow it is being violated.

•

Motion to Clarify the Parenting Plan. Is the parenting plan vague or unclear on a particular point? Do you
and the other parent disagree on the meaning and whether a particular action is or is not allowed under theparenting plan? If so, you may file a motion asking the court to clarify the parenting plan. If you need help
preparing your motion, an attorney or Family Law Court Facilitator should be able to help you.

•

Dispute Resolution. Many parenting plans contain a dispute resolution provision. Dispute resolution is aprocess to resolve issues outside of court, such as mediation or arbitration. In mediation, a neutral third
party (mediator) helps you and the other parent to negotiate and to come to an agreement. In arbitration,a neutral third party (arbitrator) listens to you and the other parent and makes a decision to settle thedisagreements. If your parenting plan requires a mediation or arbitration, you must first attempt mediationor arbitration before going to the court.
In most cases, you will have to pay the mediator or arbitrator, and it can be expensive. However, going
to court can be expensive too, with additional stress and unpredictability. Washington Law Help has apublication titled “Mediation: Should I Use It?” (available at www.washingtonlawhelp.org/resource/
mediation-should-i-use-it) that may be helpful in making this decision.

•

Contempt. “Contempt of court” simply means intentional disobedience of a court order. For example, if theother parent intentionally refuses the visitation time granted to you in a parenting plan or refuses to returnthe child at the end of their visitation time, that parent may be in contempt of court. Contempt of court is anextreme remedy and is granted only rarely. Therefore, you should pursue it only if the other parent seriously
violated the parenting plan when they had the ability to comply and you have already tried other means
described in this section without success.
If you decide to pursue a contempt finding against the other parent, you can file a motion with the court
along with a declaration describing the conduct you believe supports a contempt finding. In order for a court
to find a person in contempt for a parenting plan violation, it must find that one of the following is true:»» The violation of the parenting plan was made in “bad faith,” meaning the other parent meant toviolate the parenting plan, OR»» There is evidence that the person who violated the plan engaged in intentional misconduct, OR»» Earlier sanctions have not led the other parent to follow the order.
If the other parent is found in contempt for violating a parenting plan, the court may give you a remedy
such as extra “make-up” residential time with your child, award attorney’s fees, or fine the other parent.
While contempt is an option, it should be a last resort. Contempt is difficult to prove. In addition, if you
lose the contempt motion, the court can require you to pay the other parent’s legal fees. For information
on whether pursuing a contempt order is appropriate under your circumstances, see “Contempt of Court
in Family Law Cases – The Basics” from Washington Law Help, available at www.washingtonlawhelp.org/
issues/family-law/contempt-of-court.

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Resources
Documents:•

Responding to Family Law Actions while Incarcerated, Legal Voice,www.legalvoice.org/responding-to-family-actions-while-incar•

Parenting Plans: General Info, Northwest Justice Project,www.washingtonlawhelp.org/resource/parenting-plans-court-orders-about-child-cust•Parentage and Parenting Plans for Unmarried Parents in Washington, Northwest Justice Project,www.washingtonlawhelp.org/resource/parentage-and-parenting-plans-for-unmarried-p•

Changing a Parenting Plan/Child Custody Order, Northwest Justice Project,www.washingtonlawhelp.org/resource/child-custody-modification•

Non-Parent Custody: Frequently Asked Questions and Answers, Northwest Justice Project,www.washingtonlawhelp.org/resource/nonparental-custody-of-a-child-frequently-ask•

Child Protective Services (CPS) and Dependency Actions, Northwest Justice Project,www.washingtonlawhelp.org/resource/child-protective-services-cps-and-dependency-actions•

Child Protective Services (CPS) and Dependency Actions, Legal Voice,www.legalvoice.org/tools/family-law.html•

Contempt of Court in Family Law Cases – The Basics, Northwest Justice Project,www.washingtonlawhelp.org/issues/family-law/contempt-of-court

Packets and forms:•

Parenting Plans, Northwest Justice Project,www.washingtonlawhelp.org/resource/parenting-plans-and-child-support-for-dissolu•

Amending (Changing) Your Petition or Parenting Plan, Northwest Justice Project ,www.washingtonlawhelp.org/resource/amending-changing-your-petition-or-parenting-plan•

Filing a Petition to Change Your Parenting Plan, Residential Schedule, or Custody Order, Northwest
Justice Project, www.washingtonlawhelp.org/resource/filing-a-petition-to-modifyadjust-a-parenting-1•

Finalizing Your Petition to Change Parenting Plan, Northwest Justice Project,www.washingtonlawhelp.org/resource/finishing-your-modificationadjustment-of-a-pa•

Responding to a Petition to Change Your Parenting Plan, Residential Schedule, or Custody Order,
Northwest Justice Project, www.washingtonlawhelp.org/resource/responding-to-a-petition-tomodifyadjust-a-pa-1•

Responding to a Non-Parent Custody Petition, Northwest Justice Project,www.washingtonlawhelp.org/resource/responding-to-a-petition-for-nonparental-cust

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Glossary
Contempt: A person may be liable for contempt when they intentionally disobey a court order.
Custodial parent: The parent the child lives with most of the time.
Custody Decree: A court order, other than a parenting plan or residential schedule, that decides custody ofa child. Most court orders in Washington parentage cases are called “residential schedules” or “parenting
plans,” not custody decrees. The final order in a non-parental custody case is called a custody decree.
Dependency action: A legal proceeding initiated by the State to determine whether or not a child is adependent. Dependency cases often result in the child being placed in foster care and may result in theparents’ parental rights being terminated.
Dependent: A child is found to be “dependent” when the state will intervene with their care. “Dependent”
refers to any child who has been abandoned, is abused or neglected as defined by Washington law,has no parent, guardian, or custodian capable of adequately caring for the child such that the child is incircumstances which constitute a danger of substantial damage to the child’s psychological or physicaldevelopment, or is receiving extended foster services.
Modification to a parenting plan (major or minor): A change to an established parenting plan resulting froma change in circumstances. Modifications can be major (such as changing who has primary custody of thechild) or minor (such as changes to the visitation schedule).
Noncustodial parent: The parent the child does not live with most of the time.
Non-parent custody petition: A legal proceeding by which a non-parent attempts to get legal custody of achild. If the child’s parent(s) object, the non-parent must prove either that the parents are unfit, or that livingwith the parent would negatively affect the child’s growth and development. A successful petition will resultin a non-parent custody order granting the non-parent custody of the child.
Parenting plan: A proposal or court order which states when the child will be with each parent or party, whowill make major decisions about the child, and how future disputes about the child will be resolved.
Petition: A document that starts a case and asks the court for a decree, judgment, or final order.
Temporary Parental Consent Agreement (TPCA): An agreement under which a child’s parent(s) temporarily
give another person permission to care for the child. A TPCA may give the non-parent authority to makemedical or educational decisions affecting the child, and to get care or services for them. The child’s parents
can revoke the TPCA at any time.
Termination of parental rights: When parental rights are terminated (ended), the parent no longer has any
rights to the child, and the child is put up for adoption. A dependency action may result in a termination ofparental rights proceeding.

1
2
3
4
5
6
7

RCW 13.34.180(1)(f), (5).
RCW 13.34.145(5)(b).
RCW 13.34.090.
RCW 13.34.067.
Id.at (4)-(5).
RCW 13.34.136.
RCW 13.34.090; In re Myricks, 85 Wn 2d 252, 253 (1975).

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Voices of Reentry: Derek

Derek went to prison after a string of convictions resulting from a heroin
addiction. After leaving work release, he was faced with a choice of what to
do with his life.
On work release: I was concerned about what I was going to do for work, what I was going to do for clothes. I
knew my food and shelter were already taken care of, so that was fine. I was excited, because I knew I was going
to work release, it wasn’t all that stressful. I was a little nervous about who was going to hire me.
On putting his prison time in perspective: When I got arrested I accepted my reality, I wasn’t fighting it. But
it’s what I needed. Going to prison for me was a blessing. It gave me time to think about what I really wanted.
On being released: I remember standing there at the door, it was kinda sunny outside, and finding myself at
this crossroads that I’d been at so many times before, where in the past I’d always made the wrong choice. I sat
there and thought about what I was going to do. I called another friend who’s been through the system before
and was doing good, and I explained to him how I felt. I hurt, I was full of anxiety, I knew that I could survive on
my own but if I walked out of that work release by myself, I would go down the wrong path again. So I called mybuddy and he said, “Don’t leave. Stay right there, I’m coming to get you.” He came and scooped me up. It was
an interesting day, that day. That was the day my sponsor saved my life.
On whether he could have predicted how his life has gone: Back then if you’d have asked me if this is where I’dthought I’d end up, I’d have said no way. Back then, I had no idea where I’d end up. It was all more of the samebull that I’d been living the first 36 years of my life. It didn’t really dawn on me until about six or eight months
after I got released that I was where I’d always kinda wanted to be, or at least I was going in that direction. WhenI tell my story now I always start with, “I was just a heroin addict who was living on the streets and doing crimes
to fuel my addiction.” I was shooting up with toilet water, and today I’ve got two cars and a roof over my head,
all this nice furniture, I’ve got a beautiful woman in my life, my kids can come over and see me any time. Whatheroin addict has all that?”
On getting through low points: I battle with stuff like that at least weekly. Right now, I’m going throughsomething on the shop floor where I work and I realize that’s not a good situation and I contributed to that. And

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I question my worth to the company here. That’s one of my struggles, because I’m a very self-critical individual.
But I gotta go back to believing in myself and walking the path and trusting in my higher power. And I do see alight at the end of the tunnel because my debts are getting smaller.
On things to change about the system: I would eliminate interest off my LFOs. I would create a method ofprosecution that allowed a person, on their release, to walk free and clear. Don’t let me out of prison with all ofthese conditions that set me up to fail.
On advice for someone about to be released: I could tell someone everything under the sun, I could give thema great path, and they won’t hear it unless they’re ready to hear it. If I were to say something to someone who
was getting out of prison and didn’t know what to expect, I would tell them to expect the exact same thing they
got inside prison. Live your life, follow your heart and do what’s right. The rules don’t change because you leaveprison. Have respect for other people, have respect for yourself. Go to WorkSource, ask as many questions as
you can.
Derek now lives in Seattle. He plans to move to a new house before long, with a garage where he can workon old cars.

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Chapter 7: Getting Or ReinstatingYour Driver's License
The Bottom Line:•If you need to drive a car after you are released, you will need a valid driver's license. If you had a valid
Washington State driver's license within the past six years, you may be able to renew it; otherwise, you willprobably have to get a new one. Your license also serves as a form of identification in place of a State ID card.

•

If your license was suspended, you may have to reinstate it. Note that getting your license reinstated is acomplicated process that will differ significantly from person to person, but some general guidance on how
to approach the reinstatement process is provided in section 5.

•

You should never drive if you think your license is suspended. If you are pulled over and your license issuspended, you could face new charges and your car could be impounded. Simply having a suspended
license is not a crime, as long as you are not driving; however, if your license was suspended because you
owed money (for instance, for unpaid traffic tickets), you are still responsible for paying that money.

•

If your license was suspended or revoked and you absolutely need to drive, you may be able to get a special
restricted license that you can use for limited purposes, such as to get to work, school, court-ordered
community service, substance abuse treatment, medical appointments, or other essential errands. You canlearn more about these special restricted licenses in section 7.

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GETTING OR REINSTATING YOUR DRIVER'S LICENSE
Introduction
If you need to drive a car to get to work or school, you will need a driver’s license. If you had a driver’s license
before you were incarcerated, it may be expired or suspended, and you may have to reinstate it. Issues withyour driver’s license are complicated and vary significantly based on your situation, so this chapter will provide
only a general overview of how to get or reinstate your driver’s license. If you need more help, there is a list oforganizations that can provide more personalized assistance in the Resources section at the end of this chapter.

Getting Your Driver’s License
1. Can I start the process to get my driver’s license while I am incarcerated?
While you can start the process of getting your driver’s license while you are still incarcerated, keep in mind thatyou will need to visit a Washington State Department of Licensing (DOL) office as soon as possible after you
are released to complete your application and receive your license.
Six months prior to your release from a facility, you should be given an official notice that provides information
regarding how the Department of Corrections can assist you in obtaining a Washington State driver’s license,
ID card, and/or a replacement Social Security card.1
Once you have received this notice, and before you are released, make an appointment to talk with yourcounselor about obtaining a driver’s license. Your counselor should submit an electronic verification letter tothe DOL no earlier than 45 days prior to your release.2 It is very important to know when your counselor submits
this letter. The electronic verification letter will stay on file at the DOL for 60 days from the date it was filed,meaning that it may expire as soon as 15 days after your release.3
After you are released, bring your Department of Corrections (DOC) Identification Badge to your local DOL
office as soon as possible. You can find DOL office locations by visiting https://fortress.wa.gov/dol/dolprod/
dsdoffices/. If you have other forms of identification, such as a Social Security card or birth certificate, it may
be helpful to have those forms with you. The DOL will use your badge and the verification letter that yourcounselor sent to them in order to verify your identification. Note that depending on your circumstances, you
may need to take a written test, road test, or vision test before you can get your license (see the next section
for more details).
There is a fee associated with getting your license, so you will need to bring a form of payment as well. It costs$89 to get a driver’s license, which is valid for six years before it must be renewed. It costs $20 to replace a lostor stolen license.4
If all the information you provide is accurate and verifiable, the DOL can prepare your license and mail it toyour address. If you do not have an address, you may request that it be mailed to your Community Corrections
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2. How do I get a new Washington State driver’s license?
The following section explains how to apply for a driver’s license if you have never had one before, or if you havean out-of-state license that has expired or a Washington license that has been expired for more than six years.
If you’ve had a Washington driver’s license within the past six years, see section 3 for information about how tocheck its status and find out what you have to do to renew or reinstate it.
In order to apply for a Washington State driver’s license you will need to bring the required documentation andfees to your local DOL office. If you have internet access, you may be able to pre-apply online, which will saveyou some time when you visit a DOL office to finish your application. To be eligible to pre-apply, you must:•

Be an official resident of the state of Washington (i.e., you have a valid Washington residence street
address);•

Be 18 years or older; and•Not have held a driver’s license, instruction permit, state ID card, or enhanced driver’s license/ID card
before.6

If you meet these criteria, you may pre-apply online: https://secure.dol.wa.gov/home/newDriver.aspx.
If you are unable to pre-apply online, you can visit a DOL office in your area to begin your application. The DOL
website provides a list of DOL offices in Washington: https://fortress.wa.gov/dol/dolprod/dsdoffices/.
Before you can apply for your Washington State driver’s license, you must first pass a knowledge test to provethat you know the rules of the road. The test is multiple choice, and you must get 32 out of 40 correct to pass.7
You can study for the test using the Washington Driver Guide, which is available in several languages onlineat www.dol.wa.gov/driverslicense/guide.html. When you are ready, you can schedule your test online at oneof the testing sites: www.dol.wa.gov/driverslicense/testlocations.html. Additional information regarding theknowledge test is available online: www.dol.wa.gov/driverslicense/writtentest.html.
You will also need to pass a driving test. If you want to practice driving before your test, you will need to get
an instruction permit from a DOL office.8 If you like, you may also sign up for a driver training program; you canalso learn more about training programs by visiting www.dol.wa.gov/driverslicense/drivertraining.html. When
you are ready to take your test, schedule an appointment at one of the testing locations: www.dol.wa.gov/
driverslicense/testlocations.html. You will need to bring the following things to your appointment:•

The testing fee (this amount will vary based on location);•

Proof that you have auto liability insurance (see the Transportation chapter for information about auto
insurance); and•A vehicle in good working condition.9

You must score 80 out of 100 to pass the driving test.
In addition to passing the written and driving tests, you will need to provide DOL with some information before
they can issue your license. When you visit the DOL office, you will need to bring the following items with you:•

Proof of identity. There are a number of different documents that DOL will accept as proof of your identity,
and the requirements also vary slightly based on your age and personal circumstances. See www.dol.
wa.gov/driverslicense/idproof.html for a detailed list of identity documents that DOL accepts, and what
combinations will be enough to proof who you are.

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Form of payment for the fee. There is an $89 fee associated with getting your ID card, which is valid for six
years before it must be renewed.10•

Your Social Security number or proof of address. If you are 18 or older, you must provide your Social
Security number (note that you do not need to show your Social Security card as long as you know thenumber). If you do not have a Social Security number, you must prove that you have a valid address inWashington. See www.dol.wa.gov/driverslicense/idproof.html (at item #3) for more information about
how to prove your address.

You will also need to have your picture taken at the DOL office. Once all of your information is verified, you will
be given a temporary license before you leave the office. Your permanent license will be mailed to you, and will
arrive within 7-10 days.11

3. How do I find out the status of my Washington State driver’s license?
If you have had a Washington State driver’s license before, it is important to check on the status of your license
when you are released to find out if it is active, expired, suspended or revoked. It is illegal to drive with an
expired or suspended license, so before you get behind the wheel, make sure your license is valid and active.
If you know your driver’s license number, you can use the DOL’s online service to find out the status of yourlicense: https://fortress.wa.gov/dol/dolprod/dsdDriverStatusDisplay/. Enter your driver’s license number; theportal will return an answer of YES or NO for any type of license you may have. If it says YES, that means yourlicense is current and valid. It will also provide your license’s expiration date, which may be useful to you. If it
says NO, that means that your license is not valid. This portal will simply return an answer of YES or NO; it will
not provide details about why your license is invalid, or any of your driving records or personal information.12
If the portal said NO, you can get personalized instructions on how to reinstate your license by using a different
online tool from the DOL: https://fortress.wa.gov/dol/dolprod/dsdreinstatements/. You will need to enter yourname, date of birth, driver’s license or ID card number, and the eye color listed on your license or ID. When allof your information is entered, the tool will return results showing everything that is affecting your license, andstep-by-step instructions for how to get it reinstated.13
If you don’t know your driver’s license number or don’t have access to the internet, you can get the same
information by purchasing a copy of your driving record for $13.14 If you have a credit card and an email
address or a printer, you can do this online: https://fortress.wa.gov/dol/dsdiadr/. Alternatively, you can fill out
a Driving Record Request form (available online at www.dol.wa.gov/forms/500009.pdf), and send it to thefollowing address:
Driver Records
Department of Licensing
PO Box 3907
Seattle, WA 98124-3907
Include a check or money order for $13 payable to “Department of Licensing.” Your request will take roughly
two weeks to process.

4. My license has expired. How do I renew it?
In most cases, a Washington State driver’s license needs to be renewed every six years. It can be renewed up to
one year before the expiration date. It can also be renewed after the expiration date, but you may be subject toan additional fee (see below). Your license usually expires on your birthday.15

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If you have a credit card and an email address or a printer, you can renew your license online by visiting https://
fortress.wa.gov/dol/olr/. You may also renew by visiting a DOL office or by mail (if you have received a renewal
notice in the mail). When you renew your license, you should also check to be sure your address is up to date.
If you have moved, change the address listed on your license before you renew.16 You can do this online atwww.dol.wa.gov/driverslicense/addresschange.html, in person at a DOL office, or by mail by filling out the
Washington Driver License/ID Card Change of Address form, available at www.dol.wa.gov/forms/500039.pdf.
The cost to renew your license is based on the number of years since your last renewal. Each year since your lastrenewal costs $9 (so if you renew your license every 6 years, it will cost $54 because six years multiplied by $9
per years equals $54). If your renewal application is submitted more than 60 days after your license’s expiration
date, you will be charged an extra $10 processing fee. If you renew less than 60 days after your license expires,
there is no extra fee; however, if you are stopped, law enforcement could penalize you for driving with an
expired license.17
If your license expired more than 6 years ago, you cannot renew it. You must follow the steps provided in
section 2 for getting a new driver license.

5. My license has been suspended. What do I do now?
If you know that your license has been suspended, the first thing you need to do is find out why. There are anumber of reasons why your license may have been suspended, and the process for reinstating a suspended
license varies considerably depending on the cause. Depending on the cause, you may need to satisfy yourcourt requirements and fines, if you have any, and pay a licensing and reinstatement fee.
It is a good idea to check the status of your license when you are released even if you don’t think it has beensuspended. Driving on a suspended license is a crime, and if you are pulled over while driving on a suspended
license there is a good chance you will be arrested and your car will be impounded. If you are arrested, this may
also be a new violation and reportable to your CCO.
If you know your driver’s license number, the easiest way to find out the cause of the suspension and what
you need to do to reinstate it is to use the DOL’s online license reinstatement tool, which we discussed briefly
in section 3. Using this tool, you can securely enter your personal information and the system will provide a
printable list of the issues that are holding up your license along with step-by-step instructions for resolving
those issues, including contact information for each item. You can access this tool at https://fortress.wa.gov/
dol/dolprod/dsdreinstatements/. You will need to enter your name, date of birth, driver’s license number, andthe eye color printed on your license.
If you don’t know your driver’s license number or don’t have access to the internet, you can follow the instructions
in section 3 for purchasing a copy of your driving record.
How you get your license back will depend on why it was suspended in the first place, and unfortunately,
it is hard to give detailed advice without knowing all the circumstances. Remember that for most types ofsuspensions, you can also use the online driver’s license status tool on the DOL website for specific step-bystep instructions on what you need to do to reinstate your license. Below you will find general advice for a few
common scenarios, and some other resources that can provide you more detailed help.
•

License suspensions can be civil or criminal; civil means that you have received a ticket, fine, or other typeof citation, and criminal means that you have committed a crime. Most license suspensions are civil, but afew serious offenses, such as Driving Under the Influence (DUI) or repeated reckless driving, are criminal.
Information about criminal suspensions is not available on the DOL relicensing tool; if your license has
been suspended due to a crime you committed, you will have to contact the DOL to get an abstract of133

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your driving record. For civil suspensions, the DOL online tool can help you figure out what steps to taketo reinstate your license.
•

If you receive a ticket or a court date related to a ticket, do not ignore it. An ignored ticket will not go away;
it can result in your license being suspended and you will likely still be responsible for the fine. If you believe
you should not have gotten the ticket, you can contest it by following the instructions written on the ticket.
Note, however, that the time window for contesting a ticket is relatively short, so it is probably too late tocontest a ticket you received before you went to prison.

•

Simply having a suspended license is not a crime so long as you are not driving. If you are not planning todrive after your release, you may be tempted to ignore the suspension and never bother to reinstate yourlicense at all. Depending on your situation, this might be okay to do, but remember that if your license wassuspended because you owed money (for unpaid tickets, damages, or other fines) you are still responsible
for making those payments. If you don’t pay them, they can be sent to collections and damage your creditscore, so it is important to handle these as soon as possible. And you should never drive if you think yourlicense is suspended – if you are pulled over on a suspended license, you can be arrested and your car canbe impounded.

•

Unpaid parking tickets or traffic fines. A suspension due to unpaid tickets is a civil suspension. If yourlicense was suspended for unpaid tickets, you will first need to find out which tickets are suspending
your license. You can get this information by using the DOL online tool at https://fortress.wa.gov/dol/
dolprod/dsdreinstatements/ or by emailing CustomerCare@dol.wa.gov. Once you know which tickets are
suspending your license, you should try to contact the court that issued the tickets and they will be able totell you what to do next. Courts may have different processes for this, so you should always call the court
for instructions.

•Suspension related to an accident. A suspension related to an accident, such as an accident while driving
without insurance or failing to pay damages you owed after a car accident, is a civil suspension. If yourlicense was suspended after an accident, you should visit a DOL office for advice and steps. You can findyour nearest DOL office by visiting https://fortress.wa.gov/dol/dolprod/dsdoffices/.

•

DUI/reckless driving/habitual traffic offender (HTO). A suspension due to a DUI or other serious traffic
offense is a criminal suspension. If your license is suspended due to a DUI or other criminal offense, there
are specific steps you have to take to reinstate it—you may have to complete an alcohol or drug treatment
program, successfully pass a driving test, or install an Ignition Interlock Device (IID) on your vehicle. You
can visit www.dol.wa.gov/forms/500015.pdf for more information on types of criminal suspensions and thereinstatement requirements for each.

•If you need more specific information, the resources on the Washington Law Help website may be useful toyou. These resources are listed at the end of the chapter, but these documents in particular may be helpful:»» My Driver License Was Suspended. Can I Get It Back?, www.washingtonlawhelp.org/resource/mydriver-license-was-suspended-can-i-get-it?ref=LhJ7K;»» Got Unpaid Traffic Tickets? How To Avoid Getting Your Driver License Suspended, www.
washingtonlawhelp.org/resource/got-unpaid-traffic-tickets-how-to-avoid-getti?ref=LhJ7K; or»» Child Support and License Suspension, www.washingtonlawhelp.org/resource/what-to-do-about-alicense-suspension-notice?ref=LhJ7K.

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Finally, the Northwest Justice Project (NJP) provides free legal assistance to certain low-income individuals
who need their license reinstated so they can work. They may be able to provide assistance if your license wassuspended for one of the following reasons:•

Unpaid traffic fines;•

Suspension due to a car accident when you were uninsured; or•

You have one or more convictions for driving with a suspended license and you still have unpaid fines eventhough the suspension period is over.

If you think you may meet these criteria, reach out to NJP by calling 211 (if you are in King County) or by calling
the CLEAR hotline at 888-201-1014 between 9:15 a.m. and 12:15 p.m. (if you are outside King County). Note thatthey cannot provide assistance if your license was suspended for failure to pay child support or certain criminal
traffic convictions such as DUIs.18

6. How much does it cost to reinstate my Washington State driver’s license?
You should be aware that you might have to pay a number of fines and fees when you reinstate your license.
For instance, there may be certain court fees you are required to pay depending on the circumstances of yourlicense suspension or revocation. The Washington DOL also charges a number of fees for license reinstatement,
including the following19:
Getting your license reinstated after a non-alcohol-related suspension$75

Getting your license reinstated after an alcohol-related suspension$150

Getting a probationary license after a DUI conviction or deferred prosecution$50

Applying for an Occupational/Restricted License (ORL)$100

Applying for an Ignition Interlock Driver’s license (IIL)$100

7. What do I do if my license is suspended or revoked but I absolutely need to drive inorder to get to a job, a treatment program or some other vital appointment?
Even if your driver’s license is suspended or revoked, you may be eligible to receive a restricted license in orderto get to work, school, court-ordered community service, substance abuse treatment meetings, driving to ahealthcare provider, caring for a dependent, or for applying for on-the-job training. The two types of restrictedlicenses you may be eligible for are discussed below.
Occupational/Restricted Driver’s license (ORL):
An ORL is a restricted license that allows you to drive under specific circumstances for work, school, courtordered community service, substance abuse treatment meetings, driving to a healthcare provider, caring
for a dependent, or applying for on-the-job training, even if your Washington State driver’s license has beensuspended or revoked.20
To be eligible for an ORL, you must have a Washington driver’s license. You will not be eligible for an ORL if you
have been convicted of vehicular homicide in the past seven years. Certain types of serious license suspensions,such as DUI, vehicular assault or vehicular homicide, violation of court-ordered probation, or failure to pay
child support will also make you ineligible.21 Visit www.dol.wa.gov/driverslicense/orl.html for a complete list ofeligibility criteria.

135Chapter 7: Getting Or Reinstating Your Driver's License

To apply for an ORL, you will need to fill out the Restricted Driver’s license Application form available at www.dol.
wa.gov/forms/500001.pdf. You must also provide one of the following items as proof of financial responsibility:•

A certificate of insurance (SR-22), which you can get from an auto insurance agent;•

A State Treasurer’s certificate of deposit of $60,000 or approved collateral of equal value; or•A surety bond executed by the person giving proof and a surety company authorized to do business inWashington State, or by the person giving proof and by 2 additional sureties.

Submit your application form and proof of financial responsibility along with a $100 fee. If you qualify, the DOL
will issue your ORL by mail or email on the day your suspension begins.22
If your application is denied, you can request a hearing with the DOL to consider whether or not you meet theeligibility requirements for an ORL. A hearing request form should be included in the denial letter. Mail that form
or a letter requesting a hearing to:
Hearings and Interviews
Department of Licensing
PO Box 9031
Olympia, WA 98507-9031
If you have an ORL, your driving privileges will still be restricted based on your actual driving needs. For instance,
you may only be permitted to drive on certain days of the week or in certain areas. The DOL will determine therestrictions of your ORL. If you violate those restrictions or become ineligible, your ORL will be canceled.23
Ignition Interlock Driver’s license (IIL):
An IIL allows you to drive a vehicle while your license is suspended or revoked after a conviction for a drug or
alcohol-related offense. While driving with an IIL, you must maintain an ignition interlock device (IID) on all
vehicles you drive. Depending on your conviction, you may be required to drive with an IID installed for a certain
period of time.24
To be eligible for an IIL, you must have an unexpired Washington State driver’s license or a valid out of statedriver’s license. You also must have an arrest or conviction of any of the following:•

DUI or Physical Control involving drugs or alcohol;•

Reckless driving;•

Vehicular assault involving drugs or alcohol; or•

Vehicular homicide involving drugs or alcohol.

Additionally, your current suspension or revocation must not include Minor in Possession or habitual traffic
offender (HTO). If you meet the eligibility criteria, you may apply for an IIL at any time, including after beingarrested or after your revocation hearing. When you get an IIL you must maintain an IID in all of your vehicles
for the remainder of your suspension.25
To apply for an IIL, you must first have an IID installed in your car by visiting an IID installer certified by the
Washington State Patrol. You can see a list of all certified devices and installers online on the Washington State
Patrol website: www.wsp.wa.gov/traveler/interlock.htm. The installer will send proof of installation to DOL.

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Once the IID is installed, the process is the same as applying for an ORL. You will need to fill out the Restricted
Driver License Application form located at www.dol.wa.gov/forms/500001.pdf. You must also provide one of
the following items as proof of financial responsibility:•

A certificate of insurance (SR-22), which you can get from an auto insurance agent;•

A State Treasurer’s certificate of deposit of $60,000 or approved collateral of equal value; or•A surety bond executed by the person giving proof and a surety company authorized to do business inWashington State, or by the person giving proof and by 2 additional sureties.

Submit your application form and proof of financial responsibility along with a $100 fee. If your application isapproved, the DOL will mail you your IIL when your license suspension or revocation begins.26
Note that while you are driving with an IIL, you must maintain an IID in all vehicles you drive. This includes
all vehicles you drive for work, so long as your employer owns, leases, or rents the vehicle, or is temporarily
responsible for its care or maintenance. However, the requirement for work vehicles may be waived if you
have your employer sign the Employer Declaration for Ignition Interlock Exemption form, available at www.dol.
wa.gov/forms/500025.pdf. Mail a copy of this signed form to DOL before you drive those vehicles for work,and carry a copy of the declaration with you whenever you drive a work vehicle that isn’t equipped with an IID.27
You are responsible for all costs associated with maintaining the IID, including the cost of installing, leasing,and removing the device. You may be eligible for financial assistance if you qualify as indigent28 and are below
the Washington State poverty guideline for your household.29 If you think you may qualify for assistance, fillout and submit the Ignition Interlock Device Financial Assistance Application located at www.dol.wa.gov/
forms/500024.pdf. If you are approved, the state will reimburse your IID provider for part of the cost of IID
installation and other services.30

8. What if my driver’s license is suspended in another state?31
If your license is suspended in another state, you will need to contact that state’s department of licensing or
department of motor vehicles to determine the cause of the suspension and what you need to do to haveyour license reinstated. Note that if your out of state license is suspended, your Washington license is also
suspended. This is true even if the DOL has issued you a license that appears to be valid.

Resources
Documents:•

My Driver License Was Suspended. Can I Get It Back?, The Defender Association's Racial Disparity Project,www.washingtonlawhelp.org/resource/my-driver-license-was-suspended-can-i-get-it?ref=LhJ7K•

Got Unpaid Traffic Tickets? How To Avoid Getting Your Driver License Suspended, The Defender
Association's Racial Disparity Project, www.washingtonlawhelp.org/resource/got-unpaid-traffic-ticketshow-to-avoid-getti?ref=LhJ7K•

Child Support and License Suspension, Northwest Justice Project,www.washingtonlawhelp.org/resource/what-to-do-about-a-license-suspension-notice?ref=LhJ7K

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Department of Licensing resources and online tools:•

To check the status of your license, use the online tool available at https://fortress.wa.gov/dol/dolprod/
dsdDriverStatusDisplay/.

•

To learn how to reinstate your license, use the online tool available at https://fortress.wa.gov/dol/dolprod/
dsdreinstatements/.

•

To renew your license, visit https://fortress.wa.gov/dol/olr/.

•

To purchase your driving record, visit https://fortress.wa.gov/dol/dsdiadr/.

•

The Washington State Driver Guide is available at www.dol.wa.gov/driverslicense/guide.html.

•

To find a DOL office near you, visit https://fortress.wa.gov/dol/dolprod/dsdoffices/ and select your city.

•

To find a driving school or drive test location, visit www.dol.wa.gov/driverslicense/testlocations.html.

Glossary
Driving Under the Influence (DUI): Operating a vehicle while affected by alcohol, drugs, or both. This applies
to both legal and illegal drugs, including prescription medication and over-the-counter drugs. A DUI is acriminal charge.
Habitual Traffic Offender (HTO): A driver who, within a 5-year period, has been: (1) Convicted of 3 or more
offenses listed in RCW 46.65.020(1); or (2) Found to have been convicted of or committed 20 or more moving
violations listed in WAC 308-104-160. The violations must have occurred within a 5-year period. If more than 1of these offenses are committed within a 6-hour period, they’re only counted as 1 on the first occasion.
Ignition Interlock Device (IID): An ignition interlock device or breath alcohol ignition interlock device (IID
and BAIID) is a breathalyzer for an individual's vehicle.
Ignition Interlock Driver’s license (IIL): Allows you to drive a vehicle while your license is suspended or
revoked for a drug or alcohol–related offense.
Occupational/Restricted Driver’s license (ORL): While your driver’s license is suspended or revoked, you
may be eligible to receive an Occupational/Restricted Driver’s license (ORL). You may use the ORL for only
allowable reasons, such as: work, school, Court-ordered community service, substance abuse treatment, etc.

1	Driver’s license/Washington State Identification cards for Offenders, Doc. Policy No. 380.550, Attachment 1, Washington State
Department of Correctionswww.doc.wa.gov/information/policies/default.aspx?show=300 (last visited Nov. 1, 2017).
2
Id.
3
Id.
4
Driver licensing fees, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/fees.html.
5	Driver’s license/Washington State Identification cards for Offenders, Doc. Policy No. 380.550, Attachment 1, Washington State
Department of Corrections www.doc.wa.gov/information/policies/default.aspx?show=300.
6	Pre-apply online, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/preapply.html (last visited Nov. 1,2017).
7	Knowledge and drive test, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/writtentest.html (last visited
Nov. 1, 2017).
8	Steps to getting your first license: Instruction permits, Washington State Department of Licensing,www.dol.wa.gov/driverslicense/getpermit.html (last visited Nov.1, 2017).
9Knowledge and drive test, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/writtentest.html.

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10 Driver licensing fees, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/fees.html.
11
Get your WA identification card, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/gettingidcard.html.
12	Check status of a driver license, Washington State Department of Licensing, https://fortress.wa.gov/dol/dolprod/
dsdDriverStatusDisplay/ (last visited Nov. 1, 2017).
13	Learn how to reinstate your license, Washington State Department of Licensing, https://fortress.wa.gov/dol/dolprod/
dsdreinstatements/ (last visited Nov. 1, 2017).
14	Purchase your WA driving record, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/requestyourrecord.
html (last visited Jan. 26, 2017).
15	Renew your driver license, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/renew.html (last visited Jan.
26, 2017).
16	Change your address: Driver license and ID card, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/
addresschange.html.
17 Renew your driver license, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/renew.html.
18	Do You Need Help Getting Your Driver’s License Back?, WashingtonLawHelp.org, www.washingtonlawhelp.org/resource/do-youneed-help-getting-your-drivers-license?ref=PZGLj (last visited Nov. 1, 2017).
19	Driver Licensing Fees, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/fees.html (last visited Nov. 1,2017).
20	Occupational/Restricted Driver License, Washington State Department of Licensing,www.dol.wa.gov/driverslicense/orl.html (lastvisited Nov. 1, 2017).
21 Id.
22 Id.
23 Id.
24	Ignition Interlock Device (IID), Washington State Department of Licensing, www.dol.wa.gov/driverslicense/ignitioninterlock.html(last visited Nov. 1, 2017).
25	Ignition Interlock Driver License (IIL), Washington State Department of Licensing, www.dol.wa.gov/driverslicense/iil.html (lastvisited Nov. 1, 2017).
26 Id.
27 Id.
28 RCW 10.101.010.
29	Ignition Interlock Driver License (IIL), Washington State Department of Licensing, www.dol.wa.gov/driverslicense/iil.html (lastvisited Nov. 1, 2017).
30 Id.
31	My Driver License Was Suspended. Can I Get It Back?, WashingtonLawHelp.org, www.washingtonlawhelp.org/resource/my-driverlicense-was-suspended-can-i-get-it?ref=LhJ7K (last visited Nov. 1, 2017).

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Voices of Reentry: DavidDavid grew up on Mercer Island and was bullied for not being as wealthy
as his peers. He ran several businesses before entering prison, and after his
release he started a gourmet popcorn company based on an idea he had
while he was incarcerated.
On trying to stay involved with his children: I think we did a good job of explaining it to them at the time. It washard, but kids are resilient, and we did the best we could. I was involved. I was on the phone. When my daughter
had her bat mitzvah I was on speakerphone the entire time. We did the best to make it work. It was hard…wehad this discussion last night as a family, about how hard it was, and I’ve been home for nine years. So even still.
On telling his story: Once I decided I was going to launch Big House Popcorn, and that was part of the story,
where it came from, that was a life-changer. Initially when I launched the product, I wasn’t telling the grocery
stores, “Yeah I just got out of prison.” Eventually I got to that point. But if people asked me I would not lie. I
would say, “Yeah, this is the story.” As soon as I started telling that story, wearing that badge, and not being
ashamed and not being fearful of people not wanting to be around me…I had to draw a line in the sand andcontrol my own destiny, whether people liked me or not because I’d been in prison, I couldn’t change that. And
I needed to earn a living and support my family, that’s all I cared about.
On continued barriers: So I’m looking for some new office space, had a nice conversation with the owner ofthe building, and I’m wondering, “Uh-oh. They don’t know my story, they could look me up online and say, ‘Ah, I
don’t want to rent to this guy.’” So that’s a concern. My wife and I would like to move from our place in Bellevueand rent a place downtown. I don’t know that I can rent a place downtown.
On what he’d change about the reentry process: My list has changed. It used to be about creating jobs andopportunities. That’s not it. It’s changing society’s perspective of who these people are. I didn’t grow up in anenvironment where I knew anybody who’d been to prison, so all I knew was what I saw on TV. I thought, “I’llbe by myself, no one to talk to because they’re all crooks and killers and drug addicts and disgusting humanbeings and the scum of the earth, and that’s the end of the story.” I got there, and some of the smartest people
I ever met, creative, innovative…I can’t tell you how many guys I met who I said, “You’re an entrepreneur! You’re141doing the wrong thing, but wow! How in the heck did you come up with that?” So, there were good people,
good people making bad choices, good people growing up in the wrong environment, smart guys using theirsmarts the wrong way because they don’t think they can do something else because society won’t allow them.
David was the founder of Pop Gourmet and is the current CEO of BFY Food Group, Culinary Co and David’s
Best. He serves on the board of the David’s Killer Bread Foundation, which has second chance employment
as the core of its mission. He has given talks to CEOs and been featured on Oprah.

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Chapter 8: Healthcare Benefits
The Bottom Line•

Most people who are released from prison will get their health insurance through Medicaid, which iscalled Apple Health in Washington. In most cases, DOC will help you apply for Apple Health before you
are released. If you need to sign up for Apple Health or for another health insurance plan, you can use
Washington Healthplanfinder at www.wahealthplanfinder.org. See “Applying for Health Coverage After
Release” for more details on applying for health insurance.

•

Under the Affordable Care Act, the new federal health care law passed in 2010, you must have healthinsurance or you will be required to pay a penalty. See section 28 for more details. The Affordable Care Act
also prevents health insurance companies from discriminating against you based on preexisting conditions.
This means that you will still be able to get health insurance even if you have had health issues in the past.

•

Mental health and substance abuse treatment are covered by all health plans in Washington State. If you
need help with mental health or substance abuse, you can call a treatment program directly or talk to yourprimary care doctor and ask them for a recommendation. To find a treatment agency, or if you are in a crisis,contact the Washington Recovery Helpline at 1-866-789-1511 or online at www.warecoveryhelpline.org/.

•

If you get a medical bill you can’t afford, do not ignore it. Instead, contact the doctor or the billing
department of the hospital that sent you the bill and ask for help. Many health care providers will work withpatients who have trouble paying their bills to help them set up payment plans or make other arrangements
including forgiving the debt through a program called “charity care.” For more information, see section 34.

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HEALTHCARE BENEFITS
Introduction
One of the most important components to successful reentry is your ability to access health care when you
need it. Unlike when you are in prison and are only allowed to see a doctor in the event of serious medical need,when you are released you will be able to access preventive health services through your health insurance. The
resources described in this chapter will assist you in understanding what types of health care coverage areavailable to you and your family.
Health care and health insurance are complicated subjects, and conversations about them can contain a lot of
jargon or other unfamiliar terms. Below are a few definitions that may be useful to you as you use this chapter.
You can find definitions of other terms in the glossary at the end of the chapter.
•

Your premium or premium payment is the amount you pay every month for your health insurance, whether
you see the doctor that month or not. Depending on your plan and your income, you may not have any
premium payments at all.

•When you go to the doctor, even if you have health insurance, you may have to pay some amount for your
medical care. A co-pay is a fixed amount of money that you pay for a healthcare service that is covered byyour health plan. The amount is determined by the service and by your health plan; for instance, you may
have a prescription co-pay where you pay a fixed amount of money for all of your prescriptions.

•

Sometimes your health insurance plan will only start paying for your care after you have paid a certain
amount on your own. The amount you have to pay before your insurance benefits begin is called yourdeductible. A plan with a high deductible usually provides less coverage than one with a low deductible,
since with a high deductible you will have to pay more out of pocket before you start getting the benefitsof your health care plan.

•

Even after you have met your deductible, you may still have to pay a percentage of your medical expenses.
The percentage you have to pay is called co-insurance. Like a co-pay, your co-insurance is determined byyour health plan and the service.

•Your primary care physician is your “regular doctor” who you go to for check-ups, preventive care, or when
you have a new health care concern (for instance, if you notice a new symptom and want to get it checkedout). Depending on your needs, your primary care physician may send you to a specialist, which is a doctor
who specializes in a certain kind of medical issue (such as an oncologist or a dermatologist). When yourprimary care physician sends you to a specialist, this is called a referral. Depending on your health plan, you
may need a referral from your primary care doctor before a visit to the specialist will be covered.

•

Even if your insurance covers a particular service, they may not cover all doctors who provide that service.
Doctors who are covered by your plan are called in-network providers. Doctors who are not covered arecalled out-of-network providers. You can still see out-of-network providers, but you may have to pay
more of the cost yourself. Your insurance company can help you figure out which doctors are in its network
and will be covered by your plan.

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Understanding Your Health Care Coverage
1. What is health insurance?
Health insurance is a way to get an insurance company or government agency to pay for some of the costs ofyour medical care. Here are some common ways to get health insurance:•

Medicaid, called “Apple Health” in Washington State, is a government program with broad coverage and noor limited costs to recipients. To enroll in Medicaid, you will need to apply through Washington’s insurance
exchange and meet various qualifications, including having a low income. For more information, see “Whatis Medicaid/Apple Health?” in section 14 below.

•

Medicare is a government program for people who are 65 or older or who have been disabled on Social
Security for over two years and meet other requirements. Medicare coverage may be subsidized for people
with low incomes.

•“Qualified Health Plans” are sold by private companies. They must meet federal coverage requirements.
Subsidies are available to people with low incomes. To enroll, you will need to apply through Washington’sinsurance exchange.

•

Employer-based insurance is a group insurance plan offered by an employer to its workers. Some employers
pay for some of the costs. To enroll in an employer-based plan, you will sign up and purchase the insurance
through your employer.

•

Some private health insurance is sold to individuals (not groups) without meeting the federal requirements.
This is an option for people who are ineligible for other insurance due to immigration status or lack of state
residency.

Each of these methods of getting health insurance is discussed in greater detail later in this chapter.

2. How does health insurance work?
The cost of your health insurance depends on what kind of insurance you have. Adults receiving Apple Healthdo not pay for covered services from health care providers who contract with Apple Health (or with the healthcare plan, if Apple Health enrolls you in such a plan). If you are not eligible for Apple Health, you likely will pay
a monthly premium to have health insurance in the first place and also pay a portion of your health care costs.
Some insurance does not require you to pay for certain preventive care services. See “If I have health care, howmuch will I have to pay?” below for the different kinds of costs that may apply.
For any type of health insurance, your health plan determines whether a service provider you use is coveredby the plan. You should ask in advance whether a provider is covered. You can get that information from yourhealth plan or from the provider, or both.
If you have Apple Health, you likely will be enrolled in a managed care insurance plan that contracts with theMedicaid agency. In most parts of the state, you have a choice of plans and can change plans if one does notwork well for you. These plans will have “networks” of providers available to you and will pay those providers
for care they provide to you.
Some Apple Health clients are not enrolled in managed care insurance plans. These clients have their health carepaid directly by the Washington’s Health Care Authority. Currently Apple Health clients who are not enrolled
in health plans include Native Americans and Alaska Natives, and people who also have Medicare coverage.1 If

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you have Apple Health but are not enrolled in a managed care plan, you will need to make sure your provider is
has a contract with Medicaid directly to be sure your costs will be covered.
If you have insurance other than Apple Health, you must make sure the providers you see are under contract
with your specific health plan for the costs to be covered. Health plans may have one group of providers
available who are under contract and considered “in-network,” and other providers who are available but areconsidered “out-of-network.” Your costs for deductible amounts and cost-sharing can be much higher if you
choose an out-of-network provider. In some cases, health plans do not cover out-of-network doctors at all andyou will have to pay for everything if you visit one.2
Federal law requires that all “Qualified Health Plans” sold through Washington’s health insurance exchange
cover the 10 Essential Health Benefits:•Doctor visits and hospital stays•

Trips to the emergency room•

Care before and after your baby is born•

Mental health and substance abuse treatment•

Prescription drugs•

Services and devices to help you recover if you get injured or if you have a disability or chronic condition(like cancer or diabetes)•

Management of a chronic disease•

Lab tests•

Preventative services including counseling, screenings and vaccinations (these help you avoid getting sickin the first place)•

Health care for children3

Also, most health plans that you obtain through Washington Healthplanfinder must provide certain otherpreventative services (See “How can I apply for health coverage once I am out of prison?” for more information
about Washington Healthplanfinder).4 As long as you get these services from a doctor that is in-network, they
are free.5 Some of these benefits only apply in certain situations (for instance, if you are above a certain age).6
Some preventative health services that may be useful to you include:•

Alcohol misuse screening and counseling•Tobacco use screening and help to quit smoking•

Blood pressure screening•

Depression screening7

There are other preventative services that are not listed here. For a complete list of preventative benefits, lookhere: www.healthcare.gov/coverage/preventive-care-benefits/.

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3. If I have health insurance, how much will I have to pay?
Adults getting Apple Health do not pay for care if it is covered and received from a provider that contracts withthe plan assigned (or with the Apple Health agency if no plan is assigned). Providers who are under contract
are not allowed to bill Apple Health clients for care covered by Apple Health, and can be penalized if they try
to do this.8
When you have a health plan other than Apple Health, you need to know the premium, the various co-pays, thedeductible, the coinsurance and the out-of-pocket maximum. These all contribute to the amount that you haveto pay for your health care. These amounts all depend on your insurance plan, and will be provided to you in adocument called the Explanation of Benefits (EOB) that you will receive from your health insurance company.
If you don’t have your EOB, call your health insurance company to obtain a copy.
The premium is an amount of money that you pay the insurance company every month, whether or not you
use your insurance that month.9 For example, if you have a plan with a $100 premium, you pay your insurancecompany $100 dollars every month. This is similar to other types of insurance you may have used in the past,
like car insurance or renter’s insurance.
Your plan will probably have an annual deductible. This is the amount of money you must pay for health carebefore your insurance will start its benefits. 10 During a calendar year, you are required to pay the entire cost ofproviders’ services until you have paid the deductible amount. For example, if you have a deductible of $1,000
and you get a medical bill for $11,000, you must pay $1,000. After that, your insurance company will help pay
the other $10,000. Each year, the process resets, and you must pay your deductible again before the insurancecompany will begin paying for services.
When you have met your deductible, your insurance may still require you to pay for part of your medical bills
in a few different ways. This is called cost-sharing. The most common methods of cost-sharing are through copays and co-insurance (see the next paragraph for more information). Most of the time, for a particular service
or treatment, you will have a co-pay or a co-insurance, but not both. Specific details about your plan’s benefits
will be provided in your EOB.
A co-pay is a fixed amount of money that you must pay for a healthcare service that is covered by the plan.
This amount is different depending on what the service is.11 For example, you might pay a $10 co-pay for a
medication, or a $100 co-pay to see a specialist doctor.
Sometimes when your insurance company helps to pay for a medical bill, you may still have to pay for apercentage of the cost yourself. This percentage is the coinsurance.12 To continue from the deductible example,
you have a medical bill for $11,000 and have paid your $1,000 deductible, leaving $10,000 left. If you have a
20% coinsurance, it means you will pay 20% of that $10,000 and your insurance company will pay the other
80%. Here, you would pay $2,000 on top of your $1,000 deductible that you paid already. You have paid $3,000
and your insurance company will pay $8,000.
Your out-of-pocket maximum is the total amount of money you must pay each year in deductibles andcoinsurance before your insurance company starts to pay 100% of your covered services. After you meet yourout-of-pocket maximum, your insurance company pays the rest of your covered expenses for the rest of theyear.13 Continuing from the example above, you have paid $3,000 towards medical bills. If you have a $5,000
out-of-pocket maximum, you can still pay up to $2,000 in medical bills before reaching that maximum. Once
you do, your insurance company will pay all of your covered medical bills for the rest of the year. When thatyear is over, you will have to pay your deductible and coinsurance again until you reach your out-of-pocket
maximum again.

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4. What is the Affordable Care Act and how does it affect my health care?
The Affordable Care Act (also known as Obamacare) became law in March 2010. It is designed to make healthinsurance less expensive and help more people get covered. As a result, you may now be eligible for health carecoverage and services at a lower cost, or no cost at all. The Affordable Care Act has made several importantchanges to the way health insurance works:•

Companies that employ at least 50 people are now required to provide health insurance to their employees14•

If your income is less than 138% of the federal poverty level, you may now qualify for Washington Apple
Health, which is part of the federal Medicaid program.15 For more information on Apple Health (including
eligibility), see “How do I sign up for Apple Health?”•

If you are not receiving health insurance through your employer or Apple Health, you must buy your own
plan or you will have to pay a penalty.16 See “What happens if I don’t have health insurance?”•

If you do not qualify for Apple Health, you can still use the Washington health insurance marketplace
to shop for and buy health insurance. Buying a plan from the marketplace may qualify you for financial
assistance with your health care costs.17 For more information on the marketplace and financial assistance,
see “How can I apply for health coverage once I am out of prison?” and “Can I get help with paying for myhealth insurance?”•

Health insurance companies that sell plans qualified under the ACA cannot charge you more money or deny
you coverage if you have a preexisting condition.18 A preexisting condition is a health condition you had
before you applied for health insurance. Examples include cancer, diabetes, high blood pressure, asthma
and heart disease.

5. Can I keep the health insurance I had while in prison once I am released?
No. However, the health coverage that you have access to after you are released will probably have better
coverage than the services you have had access to while in prison.

6. What differences are there between my old prison health care and the health care I
can get once I am released?
Under the Eighth Amendment, while you are in prison, prison officials are required to offer you adequate
medical care to address serious medical needs. Serious medical needs are conditions that could result in further
significant injury or the unnecessary infliction of pain.19 In general, this means that while you are in prison, youprobably only received medical care if you were already sick or injured.
In contrast, qualified plans under the ACA provide access to primary and preventive health care services, inaddition to covering emergency and specialty outpatient and inpatient health care services.20 This means thatonce you enroll in a plan you will have access to primary care services at no or low cost to you, including
supplemental benefits to help prevent you from getting sick.

7. Can I get the health insurance I had before I was in prison?
The Apple Health program has a new policy that allows people in prison to keep their Apple Health coverage inreserve while they are incarcerated. While in prison, this coverage is limited to inpatient hospital care. Once you
leave prison, the full Apple Health coverage is restored, which generally is an automatic process21 If you enteredprison after July 5, 2017, and you had Apple Health coverage before you entered prison, you should have yourcoverage “suspended” and then restored once you are released.22

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If you entered prison before July 5, 2017, and you had Apple Health coverage before you entered prison, yourcoverage was ended. However, thanks to the new policy, you might have the opportunity to apply for Apple
Health while in prison, have the coverage be “suspended,” and have the full coverage restored as soon as you
are released.23
You will need to report some changes in your circumstances, like changes in address. The Department of Healthis developing an information sheet about this.24

8. Can Department of Corrections Staff help me apply for new coverage for when I am
released?
The Washington Department of Corrections (DOC) has an established process through which you can apply
for Apple Health while still in prison.25 This process is not available to everyone; for instance, if you are marriedor if you will gain custody of a child after you are released, you are not eligible. This is because when you
are released, you may qualify for benefits based on your household’s tax filing status that DOC is not able todetermine. In addition, if you are in this situation, it may be better for you to obtain coverage for your wholefamily, whereas DOC is only permitted to act on behalf of incarcerated individuals. Individuals receiving income
above 138% of the federal poverty guideline are also excluded from this process.26 Talk to your ClassificationCounselor to see if you qualify.
Note: Individuals residing in county or city jails within Washington will not have access to this process, but someof these facilities have special programs to help people apply before release. Ask about this if you are residing
in one of these facilities.

9. How does the process work?
If you qualify to participate, the process works as follows:
1.

Within 90 days of your scheduled release, you will receive a letter notifying you that you will be placed ona callout to go to health services in the near future. At this callout meeting, you will receive information
regarding health care coverage as well as a worksheet which you can complete and submit to DOC staff.

2.

The DOC staff should help interested individuals complete and submit the form.

3.

Once the DOC receives completed and signed applications, they are submitted online through Washington
Healthplanfinder. A determination about your coverage is made in the system the same day. DOC may
submit the form up to 30 days before your release.

4.

Once your application is processed, the Health Care Authority will send you a letter telling you that you areapproved. That letter goes to the mailing address that you gave on your application.. If all documents areaccurate and submitted in a timely fashion, you should know about the status of your application prior toyour release.27

If your application is approved, you will be assigned to a managed care plan. When you are released, you canrequest to be transferred to a different managed care plan if there is another plan that better meets your needs.
Note that all documentation and plan information, including your insurance card, will be mailed to themailing address provided on the application, so it is imperative that you provide a valid mailing address
where you will have access to your mail.

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10. What can I do if my application is denied?
You can appeal the denial of your application upon release from prison, but only if it is within 90 days of thedenial. For general information about applying for free legal services and getting free resource materials, see
this website: https://nwjustice.org/get-legal-help. If you live in King County, apply for help by calling 2-1-1. If youlive outside King County, you can contact the Northwest Justice Project (NJP) to apply for free legal assistance.
NJP’s helpline, CLEAR, can usually be reached at 888-201-1014 between 9:15 AM and 12:15 PM, though the line
may close earlier. Depending on your case, NJP may only be able to provide advice, not legal representation. It
may also take time to get through to the CLEAR line. For the best chance of getting through, call shortly after
9 AM on a weekday, re-dial if you get a busy signal, and be prepared to hold until you reach a live person. For
issues like denial of Medicaid coverage, you also can apply to NJP online at https://nwjustice.org/apply-online
and get a call back.28

11. What can I do if DOC staff cannot help me apply for Apple Health?
You can wait until you are released from prison and then apply for health insurance on your own. See “How can
I apply for health coverage once I am out of prison?”

12. What else should I do to prepare for a smooth transition?
To make sure you receive the best ongoing care from your new doctor once you leave prison, ask for any
medical records generated while you were in prison. If you do not leave with records, you can ask your new
doctor to request your records from the prison.29
The Health Insurance Portability and Accountability Act (HIPAA) grants individuals the right to inspect, review,and receive a copy of their medical records and billing records that are held by health plans and health careproviders covered by HIPAA. Unfortunately, this right is somewhat limited for inmates, as a prison hospital ispermitted to deny an inmate’s request to obtain a copy of his or her private health information if such copy
would jeopardize the “health, safety, security, custody, or rehabilitation of the individual or other inmates or
the safety of any officer, employee or the person at the correctional institution responsible for transporting theinmate.”30 If you make a request, the prison hospital must grant you access to your private health information
unless there are specific grounds for denial.
Some other general restrictions apply to the right to a medical record. For example, if you saw a psychiatrist,
therapist or other mental health worker, you do not have the right to access any notes taken during your session
if they are kept separate from your medical and billing records.

Applying for Health Coverage After Release
13. How can I apply for health coverage after I am out of prison?
If you were not able to get health coverage before your release, you should begin your application immediately
after you are released. Even if you hope to eventually secure your health insurance through your employer, you
should still enroll in a plan while looking for a job.
You can apply for Apple Health at any time. If you need to buy a qualified health plan, however, there is a deadline.
If you apply for coverage within 60 days of your release, you can take advantage of a special enrollment period
available to people newly released from prison.31 This will allow you to buy insurance. If you do not apply within
60 days, you will need to wait for a limited enrollment period, between November 1 and January 15.32

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You can apply for health insurance online using Washington Healthplanfinder, at www.wahealthplanfinder.org.
You can also apply through the Washington health insurance marketplace without using the website, though
this will be a slower process. You can apply by phone at the Washington Healthplanfinder Customer Support
Center at 1-855-923-4633, or with a paper Application for Health Care Coverage (18-001P), which you can find
here: www.hca.wa.gov/assets/free-or-low-cost/18-001P.pdf.
Applying for health insurance can be complicated, and you may wish to have someone guide you throughthe process. You can get help with applying to get health care coverage in person, over the phone or on theInternet. Washington Healthplanfinder trains representatives who can help with filling out forms and comparing
insurance plans. These services are free, so don’t be afraid to take advantage of them.
You can call toll-free at 1-855-923-4633. Help is available in 175 languages. If you are hard of hearing, you cancall 1-855-627-9604.
You can talk to a Navigator, a trained, certified representative who can help with completing your application.
These are available through many health clinics or from agencies listed here: www.wahbexchange.org/partners/
navigators/.33
A broker is a licensed professional who is trained by the state who can help with your application and can also
recommend a plan to you. Only brokers are allowed to recommend plans. Go to www.wahealthplanfinder.org/
HBEWeb/Annon_DisplayBrokerNavigatorSearch.action?brokerNavigator=BRK&request_locale=en to find abroker close to you.
The next few sections provide information about the types of plans available on Washington Healthplanfinderand how to apply for them.
Note: If you are age 65 or older or you are on Medicare, you cannot get insurance through Washington
Healthplanfinder. However, you may qualify for Medicaid for aged, blind, and disabled people. Instead of the
Washington Healthplanfinder website, you apply through www.washingtonconnection.org. For help, can call
DSHS at 1-877-501-2233 or visit a DSHS Community Services Office near you. (A paper application form, Form
18-005, is another option. Call DSHS for more information.)34

A. Apple Health
14. What is Medicaid/Apple Health?
Medicaid is a federal healthcare program that helps people with low incomes. It also helps people who are
aged, blind or disabled, especially those who need long-term care.35. In Washington, Medicaid is called Apple
Health. If you qualify for Apple Health you will usually pay nothing for your health insurance. There are nomonthly premiums except for children from higher-income families, and no cost-sharing, except for higherincome people receiving long-term care services.36

15. How do I sign up for Apple Health?
When you use the Washington health insurance marketplace, you give the system the information it needs todetermine if you qualify for Apple Health. You can apply online, over the phone or with a paper application as
discussed in “How can I apply for health coverage once I am out of prison?”. If you qualify, you will be informed
and given the opportunity to start the Apple Health application.
Apple Health contracts with several managed care plans (private insurance plans) to provide this coverage.
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managed care plan if there are reasons you cannot get your care through them. If you do not make a choice,the system will assign you to a plan. Once you have a plan, you will need to choose a primary care provider fromamong the providers contracted by the plan.37

16. What does Apple Health cover?
Apple Health covers the 10 Essential Health Benefits listed in “How does health insurance work?”, as well asother services You can find out more about covered services here: www.hca.wa.gov/free-or-low-cost-healthcare/apple-health-medicaid-coverage/covered-services. Some specific Apple Health managed care plans offer
extra services in addition to required Medicaid benefits.38 You can look at each plan’s details to learn what these
extra services are.

17. Can I get help with treatments for addiction or substance abuse through Apple Health?
If you are enrolled in Apple Health, substance abuse treatment is covered by your plan.39 You do not need areferral from your managed care plan, because this type of health care is funded directly by Medicaid. Instead,
you should directly contact a treatment agency to set up your care. To find a treatment agency, or if you are ina crisis, contact the Washington Recovery Helpline at 1-866-789-1511 or online at www.warecoveryhelpline.org/.

18. Does Apple Health cover mental health services?
If you are enrolled in Apple Health, substance abuse treatment is covered by your plan.40 You do not need areferral from your managed care plan, because this type of health care is funded directly by Medicaid. Instead,
you should directly contact a treatment agency to set up your care. To find a treatment agency, or if you are ina crisis, contact the Washington Recovery Helpline at 1-866-789-1511 or online at www.warecoveryhelpline.org/.

19. What happens once I’ve signed up for Apple Health and been accepted?
After you are accepted, you will receive a “ProviderOne” card if you have never had one before. This card has
a number on it that is assigned to you, and you will need that number to access healthcare. If you lose yourcard, you can ask the Health Care Authority to give you a new one. You should also be notified of the managed
care plan to which you are assigned, and the plan should send a plan ID card and a handbook that describes
your benefits. 41 Your health care coverage is effective as soon as you are approved, but you will need your
ProviderOne number to access services.42 If you need care before your card arrives, your provider can look up
your number using your name, date of birth and Social Security Number.43

20. How do I report changes to my income and household size?
If you get Apple Health, your award letter will tell you what kind of changes you must report (like changes income
or household size).44 Report these changes within 30 days of the change to Washington Healthplanfinder at
www.hca.wa.gov/free-or-low-cost-health-care/apple-health-medicaid-coverage/update-my-income-oraddress-report. Reporting changes will help ensure that you get the proper type and amount of financial
assistance.
If you enrolled in a Qualified Health Plan (not Medicaid), and you are getting subsidies for premiums or costsharing, you also must report certain changes. Receiving too much or too little assistance can affect yourrefund or balance due when you file your tax return. If you did not report changes when they occurred, you
may have to pay more for your taxes, or receive a smaller refund, depending on the circumstances. You canfind more information about the tax penalty for non-enrollment at https://consumersunion.org/wp-content/
uploads/2014/11/Health_Ins_tax_credits.pdf.

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B. Other Insurance Plans
21. What kinds of plans other than Apple Health can be found on Washington
Healthplanfinder?
If you do not qualify for Apple Health you can use Washington Healthplanfinder to shop for other kinds ofhealth insurance. These health plans are offered by insurance companies. If you buy one of these plans, you will
pay a monthly premium. Remember that you might qualify for financial assistance that can make paying forthese plans cheaper. See “Can I get help with paying for my health insurance?”.
All of the plans found on Washington Healthplanfinder must cover the 10 Essential Health Benefits covered in“How does health insurance work?” Along with these, each plan will have its own specific areas of coverage.
In 2017, Washington Healthplanfinder sold healthcare plans from 9 insurance companies available for individuals
and families, dental plans from 3 insurance companies available for individuals and families, children’s dental
plans from 5 insurance companies and a healthcare plan from 1 insurance company that covered small
businesses.45 Not every company sold plans in every state.
Available plans change over time. You can see what plans are offered right now at this website:www.wahbexchange.org/new-customers/coverage-basics/plans/. Remember that you can get help withsigning up for a plan and determining which one is best for you. See “How can I get help with Washington
Healthplanfinder?”.

22. How much will Qualified Health Plan insurance cost if I don’t have Apple Health?
In general, the cost of your plan will depend on what services are covered. Under the ACA, there are certain
services that must be provided under all plans at no cost to you, regardless of what health coverage plan
you have.46 Beyond those essential health benefits, plans are categorized as Bronze, Silver, Gold, or Platinum
based on how broad their coverage is (Bronze plans are the most limited, whereas Platinum plans provide themost coverage).47 The broader the coverage, the more expensive the monthly premium and the lower yourdeductible and coinsurance payments are. For some plans, some costs may be higher if the service is received
from an out-of-network provider.
Each plan has different monthly premiums, deductibles, coinsurances and copays. While comparing plans, payclose attention to their cost.

23. Can I get help with paying for my Qualified Health Plan insurance?
If you got health coverage through Washington Healthplanfinder, you may be eligible to receive tax credits
to assist you in paying for your monthly premiums and cost-sharing expenditures.48 For every month thatyou meet the eligibility requirements, you will receive a premium tax credit. If your tax credit exceeds yourexpenditures, you will receive additional funds when you receive your tax refunds. Consumers Union has createdan informational guide regarding health insurance and tax credits, available here: https://consumersunion.org/
wp-content/uploads/2014/11/Health_Ins_tax_credits.pdf.
You may also be eligible for lower cost health care depending on your income level and also if you are an
American Indian or Alaska Native. If you are not a member of either of these ethnic groups, you can receivea discount of between 73% to 94% to your health care costs provided that your income is below 250% of thefederal poverty level and you choose a Silver health care plan.49 See “How much will health insurance cost if I
don’t have Apple Health?” for more on Silver plans. You can find out what percentage of the federal poverty

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level you are at by going to this website and inputting your income and family size: www.needymeds.org/
FPL_Calculator. Do not put any commas in the “Enter income here” box, and do not check either the “Alaska”
or “Hawaii” boxes, as their poverty levels are calculated differently.
If you are an American Indian or Alaska Native and if you are either under 300% of the federal poverty level or
not applying for tax credits, you can receive a discount if you have a Bronze, Gold or Platinum plan.50

24. When does my Qualified Health Plan coverage start?
If you choose a new health plan after your previous health care coverage ends, the new coverage starts on the
1st day of the next month. If you choose a new health plan before your previous health care coverage ends, the
new coverage starts on the 1st day of the month after the other coverage ends.

25. Will my Qualified Health Plan insurance cover treatment for substance abuse or addiction?
Washington law requires that all insurance coverage sold through Washington Healthplanfinder coversubstance abuse or addiction treatment.51 For referral to services in your county or for crisis counseling, contact
the Washington Recovery Help Line at 1-866-789-1511 or www.warecoveryhelpline.org.

26. Will my Qualified Health Plan insurance cover mental health treatment?
Washington law requires that all insurance coverage sold in the state must cover mental health care anddepression treatment.52 You should look at your particular plan policy for details on services and prescriptions
that it covers. For referral to services in your county or for crisis counseling, contact the Washington Recovery
Help Line at 1-866-789-1511 or www.warecoveryhelpline.org.

27. Can I get health insurance from my employer?
Under the ACA, employers with more than 50 employees must offer insurance to full-time employees (full-time
employment is defined as more than 30 hours per week or 120 hours per month).53 The insurance offered must
be affordable (meaning your out-of-pocket expenses are less than or equal to 9.5% of your income), meet
minimum essential coverage standards and provide a minimum value (which means that the employer pays for
60% or more of total costs under the plan).
When you are hired, your employer will have to notify you in writing of your coverage options, if any, and, if
such coverage is not affordable or does not provide minimum value, tell you about getting coverage throughWashington Healthplanfinder. If you decide to get coverage through Washington Healthplanfinder, you forfeit
your coverage through the employer. If you decide to obtain coverage through your employer, you forfeit yourright to premium tax credits through Washington Healthplanfinder, even if you qualify.
If you decide to obtain coverage through your employer, the employer may offer a choice of several different
plans. These plans may cover different services and vary in cost to you. In considering which plan is best for you,
you should make sure that the plan covers services you need and that you can afford the required cost-sharing
for those services. Your Human Resources department may be able to help you in making this decision. You canalso get help from Washington Healthplanfinder to compare your employer’s plan to the plans on Washington
Healthplanfinder. See “How can I get help with Washington Healthplanfinder?”.
Even if you qualify for coverage through your employer, you may not receive benefits immediately. Many
employer plans have waiting periods of up to 90 days once an employee becomes eligible. If you have healthneeds that require you to see a doctor in less than 90 days, you may want to determine strategies and alternate
plans to meet those needs while you wait for your coverage to become effective.

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C. More Considerations About Applying for Health Coverage
28. What happens if I don’t have health insurance?
Having health insurance is required by law. This means that if you don’t have health insurance, you will becharged a penalty that is calculated based on your income and how long you haven’t been covered.54 You will
pay this penalty through your taxes. Note that you cannot be arrested or sent to prison for not having healthinsurance; the only penalty for not having insurance is the non-enrollment tax penalty discussed above.
Besides the penalty for non-enrollment, the most serious downside to not having health insurance is that if you
get sick or hurt, you will have to pay for your medical care by yourself, or be unable to get providers to give you
the services you need. Most medical treatment is expensive; even a minor injury or sickness can be a drain on
your finances, and chronic illness and serious injury can leave you completely broke. If you do not have healthinsurance and you get sick or hurt, you can use an emergency room at a nearby hospital. They are required toprovide emergency services and stabilize you; however, no law requires other providers or hospitals to provide
follow-up care you need.55 Also, the ER can still bill you for services. If you get a bill you can’t pay, you still have
options; see section 34 (“What do I do if I can’t pay a bill?”).

29. How do I avoid paying the penalty?
The simplest way to avoid paying the penalty for not having health insurance is to get health insurance. Your
insurance company is required to provide you with information that will allow you to prove that you haveinsurance. If you get health insurance through your employer, they are required to give you a document, called
1095-B, that lists the months during which you were covered.56 You will get this document at the beginning of
the year after the year for which you are filing taxes. For example, you would get the document for 2017 at the
beginning of 2018. You will then give the information on this form to the IRS when you do your taxes.
You may qualify for exemptions from having insurance depending on your income and how long you have one without
being insured. You can find out what exemptions you qualify for here: www.healthcare.gov/exemptions-tool/#/.

30. What other resources should I consider for getting access to health care services?
If you live in Seattle, you can take advantage of the Country Doctor Community Clinic. It provides primary healthcare during the first 6-12 months after you are released from prison, as well as preventative services, medication
management, on-site behavioral health treatment and referral to specialists. The Clinic accepts new patients
regardless of your ability to pay. Call 206-299-1900 and ask for Dr. Laura Morgan at the Reentry Clinic.57
Free and low-cost clinics exist across Washington that provide various services at no charge or at reduced
rates, regardless of whether or not you have insurance. To find if there is one near you, look here: www.
wahealthcareaccessalliance.org/free-clinics
The US Department of Veteran’s Affairs runs a program called “Health Care for Homeless Veterans” that you
may be able to take advantage of. If you are a veteran, are homeless or at risk of becoming homeless andare in the Seattle or Spokane areas, you can contact the VA about this program. For Seattle, contact Meghan
Deal at (206) 277-6280 or Meghan.Deal@va.gov. For Spokane, contact Shannon Durkin at +1 (509) 462-2500,
extension 4002 or Shannon.Durkin@va.gov.58
You may qualify for other benefits that may help you pay for health care or other expenses, like Temporary
Assistance for Needy Families (TANF), Supplemental Security Income (SSI) or Health Care Coverage for Children
For additional information on these benefits, please see the Other Government Benefits section of this guide.

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Using Your Health Care Coverage
31. What is an insurance card and what do I do with it?
Your insurance provider will mail you an insurance card that has information about you and your healthinsurance. Take this card with you when you see doctors and other health care providers because they willuse it to make sure your service is covered by your insurance. If you get Apple Health and are enrolled in a
managed care plan, you will have a ProviderOne card plus a card for your assigned managed care plan. For
more information about Apple Health and how to use it, see the Washington Health Care Authority’s First
Timers’ Guide to Washington Apple Health, available at www.hca.wa.gov/assets/free-or-low-cost/19-024.pdf(part 1) and www.hca.wa.gov/assets/free-or-low-cost/19-041.pdf (part 2).

32. How do I replace a lost insurance card?
You can replace a lost Apple Health card by visiting this website: https://fortress.wa.gov/hca/p1contactus/
Client_WebForm. Provide your information and choose “Services Card” from the topic menu. You can also calltoll-free at 1-800-562-3022, extension 15616.
Other insurance providers have their own procedures for replacing lost cards. The information they give you
when you first get enrolled should contain instructions on how to replace your card. If you no longer have that
information, find the Customer Service number on their website and call.

33. How do I get medicine?
Medicine can either be bought over-the-counter or at a pharmacy with a prescription issued by a doctor orother medical professional. You can buy over-the-counter medicine, such as aspirin or Tylenol, like any otherproduct. Most health insurance plans do not cover over-the-counter medicine. Apple Health is an exception,
covering a limited list of over-the-counter items; ask your pharmacist for your options.59 If you need medicine
that requires a prescription, you must see your medical provider who will issue a prescription showing the nameand dose of the medication. Your provider may give a paper prescription to you to fill at a pharmacy or may
send the prescription directly to the pharmacy. You go to the pharmacy, show your insurance information andpay any cost assigned to you. You can find pharmacies near you by searching on the Internet or by asking yourdoctor or health plan.
In general, you can get a prescription filled at any pharmacy, regardless of your health insurance plan. However,some pharmacies may be cheaper depending on your plan. If you pay for part of the cost of your medication,
ask your insurer whether you will save money by using specific pharmacies.

34. What do I do if I can’t pay a bill?
The following information comes from Washington Law Help’s “Getting Help with Medical Debt in Washington
State” publication.
Everyone has medical bills. You may have Medicaid, private health insurance, or a combination, but still have alarge deductible or co-pay. You may have no medical coverage at all. Having medical bills, especially when you
have been sick, can cause worry, and additional stress. But ignoring these bills can lead to bigger problems.
Your bills might be turned over to a collection agency or you might be sued.60
Do not ignore any bill. Read it carefully. Make sure you know:•

What the bill is for156

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What it says you owe•

Any mistakes on it•

What each charge is for•

What your insurance paid61

The charges can be confusing. If you have any questions, contact whomever sent you the bill.
Do not assume your insurer has paid a bill. You must follow up with the hospital, doctor, insurance company,or the Department of Social and Health Services (DSHS) to make sure the bill has been paid.62 If it was not
paid, find out why. If payment has been denied, you may need to file an appeal with the provider or insurancecompany.63 If you are not sure of your rights, consult an attorney.
Do not pay medical bills with a credit card before considering other options. If you trade medical debt for credit
card debt with interest, you will probably owe more than you need to and fall behind on your payments.64 Talk
to a financial counselor first. You can ask the hospital or doctor to agree to a payment plan.65 First, figure out
what kind of monthly payment you can afford. One of these nonprofit Financial Counseling organizations canhelp you figure out the best way to handle your debt:•

www.myfinancialgoals.org•

www.apprisen.com•

www.clearpoint.org

After you figure out what payment might be best for you, call the doctor or medical billing department. Explain
your financial situation and offer a proposed payment plan. Medical billing departments know you might havetrouble paying your bills.66 If they have sent your bill to a collection agency, the hospital or doctor might bewilling to take your account out of collection. If they agree on a payment plan, get a written copy of the newplan. Keep up with the lowered payments.

35. How can I get help with paying for a medical bill?
The following information comes from Washington Law Help’s “Getting Help with Medical Debt in Washington
State” publication.
You can ask the hospital or DSHS about helping you apply for Apple Health.67 For more information about
Apple Health, see “What is Medicaid/Apple Health?” above.
Charity care is a special program to help pay for hospital bills.68 Washington law requires hospitals to give freeor reduced-cost medical care to people who meet certain income qualifications. If you are getting health carein a hospital, or you have a bill for care you got at a hospital, ask for a Charity Care application to find out if
you are eligible.69 When the hospital admits you, it should tell you about its Charity Care program. You can ask
for an application while in the hospital or after you are discharged. You should apply as soon as possible after
receiving hospital services. However, you can apply for Charity Care at any time, even after your bill has been
turned over to a collection agency or you have been sued for the debt.70 Fill out the application and turn it in by
the deadline stated on it. You will have to prove your income is low enough to get Charity Care. You will have toturn in proof, such as copies of pay stubs, income tax returns and forms from Apple Health.71 To make sure thehospital reviews your application and documents in a timely manner, you want to:•Make a copy of your documents and application before spending them in157

Chapter 8: Healthcare Benefits•

Get proof of delivery (fax confirmation or tracking with delivery conformation•

If you hand deliver the application and documents, ask the hospital employee who accepts your documents
to sign and date your copy•

Follow up with a phone call to make sure the hospital has all the documents it needs72

Charity Care covers hospital care only. It does not cover bills from doctors or others who treat you but who do notwork for a hospital.73 No matter who is billing you -- for any service at a hospital, clinic, or doctor’s office -- you can
ask if financial assistance is available and how you can apply. You can find more information about Charity Careat this link: www.washingtonlawhelp.org/resource/charity-care-medical-coverage-for-hospital-ba?ref=rGO6P.
[Information about Charity Care is also available from the legal services website, www.washingtonlawhelp.org(search for publication 5909EN, or browse to “Health” folder, then “Medical bills” topic]74
People with insurance sometimes get charged less for health care than others who do not have insurance.75 If
you do not have insurance, ask the hospital or doctor to charge you the same rate they charge insured patients,
or some other amount that is a fair price for the service. Look on www.HealthCareBlueBook.com to find out afair price for the health care you received.

36. What if I have a medical emergency and do not have health insurance?
The most important thing to do if you have a medical emergency is to get help, regardless of whether you haveinsurance or not. You cannot be turned away from an emergency room or urgent care because of your inability
to pay. If you can safely get yourself to an ER or urgent care center, do so, and if you do not think you can safely
transport yourself, call 911.
After you receive care at an ER or urgent care center, the hospital will bill you. There are ways that you canreduce the amount that you have to pay; see section 34 (“What do I do if I can’t pay a bill?”).

37. How do I make a doctor’s appointment?
Your insurance company should have a list of doctors who are considered in-network, and you should choose
one of these doctors to be your primary care provider. You can call the office to make an appointment. If thisis the first time you have made an appointment with this doctor, make sure to say that you are a new patient.
Then tell them the reason for your visit and the name of your health insurance provider. Find out if you needto bring anything with you, like your medical records or current medications. It is possible that your primarycare provider will be busy and unable to see you soon, but if you need to see a doctor soon the office canrecommend another in-network doctor.

38. How do I prepare for a doctor’s appointment?
Make sure to bring some form of identification, like a driver’s license, and your insurance card. The doctor’s
office might make copies of these for their records, but even after they do that, it is always a good idea to bringthem in case you have to prove who you are and what insurance you have. You should also bring copies of your
medical records if your doctor does not already have them. These records have information about your medical
history and can help doctors treat you better by informing them about old injuries and illnesses that may cause
current problems, chronic conditions, the types of treatment you have had in the past and other things.
Unless you have Apple Health, you will probably need to pay a co-pay, so be sure to bring money or anotherway to pay, such as a credit or debit card or a checkbook.

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Know what you want to discuss with the doctor. It might help to write down how you are feeling and anythingthat you are worried about. Be ready to answer questions. For example, if you are feeling sick, your doctor willprobably ask about specific symptoms, about things that you’ve done recently that could have exposed you toillness, and anything else that will help them determine what is wrong.

39. How do I obtain medical records once I am out of prison?
The following information comes from Washington Law Help’s “Reviewing and Getting Copies of Your Medical
Records” publication.
You almost always have the right to look at and get copies of medical records kept by your health care provider.
They must also explain any abbreviations or codes in your medical records.76
You must give your health care provider a written request to look at and get copies of your medical records.
The health care provider must, “as promptly as required under the circumstances,” honor your request.77 They
generally have fifteen days to do so. They might charge a fee for the copies of the records that you ask for, andyou might have to pay the fee before you get the copies.78
Your health care provider can refuse your request when they believe the information would be harmful to yourhealth, when honoring a request would reveal the source of confidential information or endanger someone’s
health or safety, or when the provider used or compiled the information just for a court case.79 If your provider
denies your request for any of the above reasons, they must try to separate the info they believe they should
not release from that which they can, and give you the info they can release.80
If the health care provider denies your request because of a claim of danger to yourself or another, you have theright to pay for another health care provider to look at the files to determine if you may look at and get copiesof the records. It is also possible to get a court order forcing your health care provider to make your records
available to you.81

40. How do I find a mental health, addiction or substance abuse treatment program?
Contact the Washington Recovery Help Line at 1-866-789-1511 or www.warecoveryhelpline.org for referrals to
local treatment programs, or if you are in a crisis and need help immediately. Your primary care provider canalso be a good resource; speak to them about any needs that you have.

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Resources
Documents:•

Free Health Insurance: Washington Apple Health (Medicaid) for People Released from Prison, Northwest
Health Law Advocates, http://nohla.org/wordpress/img/pdf/FAQIncInd.pdf•

Individual Health Insurance, Northwest Health Law Advocates, http://nohla.org/index.php/informationanalysis/for-washington-residents/individual-health-insurance-in-washington-state/•First Timers’ Guide to Washington Apple Health (Medicaid), Washington Health Care Authority»» Part 1: www.hca.wa.gov/assets/free-or-low-cost/19-024.pdf»» Part 2: www.hca.wa.gov/assets/free-or-low-cost/19-041.pdf•

Affordable Care Act – General Info, Washington Law Help, www.washingtonlawhelp.org/resource/healthcare-reform-general-information?ref=jH7V6#iA0F6B33A-31D9-47AC-9169-12E8356D34AB•

Getting Help with Medical Debt, Washington Law Help,
www.washingtonlawhelp.org/resource/getting-help-with-medical-debt-in-washington?ref=FqECW•Can I Get Charity Care Benefits To Pay For My Hospital Bill?, Washington Law Help, www.
washingtonlawhelp.org/resource/charity-care-medical-coverage-for-hospital-ba?ref=rGO6P•

Reviewing and Getting Copies of Your Medical Records, Washington Law Help,
www.washingtonlawhelp.org/resource/your-right-to-examine-and-obtain-copies-of-yo?ref=fgWuH

Tools and resources to help you apply for health insurance:•

To sign up for an individual health insurance plan, use Washington Healthplanfinder at www.
wahealthplanfinder.org/_content/Homepage.html.
»» The paper application form for Apple Health is available at www.hca.wa.gov/assets/free-or-lowcost/18-001P.pdf.
»» You may need to submit a Proof of Non-Incarceration form. You can find the form at www.wahbexchange.
org/new-customers/application-quick-tips/how-to-submit-documents/ (scroll down the page).

•

If you need help with Washington Healthplanfinder:»» Find a Navigator by visiting www.wahbexchange.org/partners/navigators/. Navigators can help you
sign up for healthcare.
»» Find a broker by visiting www.wahealthplanfinder.org/HBEWeb/Annon
DisplayBrokerNavigatorSearch.action?brokerNavigator=BRK&request_locale=en. Brokers are
Washington Healthplanfinder employees who can help you sign up.
»» Contact the Customer Support Center by calling 855-923-4633, or 855-623-9604 if you are hard ofhearing. You can also use these numbers to apply for coverage over the phone.

•

To sign up for Medicare, use Washington Connection at www.washingtonconnection.org/home/.

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Resources to help you find a doctor:•

The Country Doctor Community Clinic Reentry Clinic is a Seattle-based health care provider thatspecifically caters to people who have just left prison. Call 206-299-1900 and ask for Dr. Laura Morgan.

•

Healthcare for Homeless Veterans is a Veterans Affairs program in the Seattle and Spokane areas. For
Seattle, contact Meghan Deal at 206-277-6280 or at Meghan.Deal@va.gov. For Spokane, contact Shannon
Durkin at 509-462-2500, extension 4002, or at Shannon.Durkin@va.gov.

•

List of Free and Reduced-Cost Clinics in Washington: www.wahealthcareaccessalliance.org/free-clinics•

Call the Washington Recovery Help Line to get a referral for treatment programs for mental illness or
addiction, or for help if you are in a crisis. Call 866-789-1511 or visit www.warecoveryhelpline.org

Glossary
Affordable Care Act: A law passed in 2010 that made many changes to the health insurance system. It
is supposed to make health insurance less expensive and help cover more people. Commonly known as
Obamacare
Apple Health: Washington’s name for Medicaid, a federal program that provides low-cost health insurance
to people with low incomes or who are in difficult circumstances. There are no monthly premiums and othercosts are lower than other kinds of insurance
Broker: A licensed professional who can help with your Washington Health Insurance Marketplace application
and recommend a plan for you
Co-Insurance: A percentage of your medical bill that you pay after you have reached your deductible. The
percentage amount is determined by your health plan. Your insurance company pays the rest of your bill.
Co-Pay: A fixed amount of money that you pay for a healthcare service that is covered by your health plan.
The amount is determined by the service and by your health plan.
Coverage: If something is covered by your health plan, it means your insurance company will help pay for it.
Usually the more things are covered, the more expensive your monthly premium will be.
Deductible: An amount of money that you must spend on medical bills every year before your insurancecompany will start to help you pay.
Emergency Room (ER): Part of a hospital for treating badly hurt or very sick people who need immediate
attention. You cannot be turned away from an ER due to not being able to pay, but the hospital will still try tobill you. You can go to an ER yourself or call 911 for an ambulance
Employer Plan: A health plan provided by your employer. These plans must usually be affordable and cover acertain amount of healthcare services
Essential Health Benefits: 10 healthcare services that all health plans sold through the Washington Health
Insurance Marketplace must cover. These include doctor’s visits, care intended to stop you from getting sick,medicine and more
Federal Poverty Level: An amount of income that the federal government sets. Depending on how close you
are to the federal poverty level you may be able to get cheaper health insurance161

Chapter 8: Healthcare Benefits

Financial Aid: Money given to you to help pay for your health insurance. This usually comes in the form of apremium tax credit
Health Care Authority: The Washington government agency in charge of managing health insurance
Health Insurance: A system in which you pay an insurance company, and when you have a medical bill thecompany helps pay for it. There are many different kinds of health insurance with different requirements andways to pay
Health Plan: This determines how much you pay your insurance company, how much the company will help
pay your medical bills and what sorts of healthcare services the company will help pay for
In-Network: A doctor who is in-network has an agreement with your insurance company. If you go to an
in-network doctor, you will pay less for services you get from them. Your primary care provider will be an innetwork doctor
Medical Bill: A bill you receive from a doctor, hospital, pharmacy or other healthcare service provider. Healthinsurance can help you pay the bill
Medical Records: Information about your health, past sickness or injury and other medical history. Doctors
can use this information to help treat you more effectively
Monthly Premium: The amount of money that you pay to your insurance company every month, whether or
not you used your health insurance that month
Navigator: A trained, certified representative of the Washington Health Insurance Marketplace who can help
you complete your application
Out-of-Network: A doctor who is out-of-network has no agreement with your insurance company. If you goto an out-of-network doctor, you will pay more for healthcare services and it is possible that your insurance
will not help pay for it.
Out-of-Pocket Maximum: The highest amount of money that you can spend on medical bills every year. Afteryou reach this amount, your insurance company will pay all of your medical bills for the rest of the year
Penalty: Money that you pay to the federal government through your taxes if you do not have healthinsurance and do not qualify for any exceptions
Premium Tax Credit: A form of financial aid that will help you pay for health insurance that you buy throughthe Washington Health Insurance Marketplace
Primary Care Provider: The doctor who you usually see for common health needs. You will choose one from alist of in-network doctors provided by your health plan
Services Card: An ID card that has information about you and your health insurance. Doctors will need to see
this card to determine what sort of insurance you have. Examples of services cards include Apple Health cards
and ProviderOne cards
Urgent Care: Clinics staffed by doctors who can deal with health problems that can’t wait to be addressed
but that are not serious enough for an ER visit.

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Washington Health Insurance Marketplace: A state-run system where you can compare health plan prices
and coverage and sign up for one. All health plans sold through the Marketplace must meet standards ofcoverage and pricing
Washington Healthplanfinder: The Washington Health Insurance Marketplace’s website, which allows you tocompare health plan prices and coverage online. You can also sign up for a health plan through the website_______________________________
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33

Ann Vining, Staff Att’y, Northwest Health Law Advocates (Aug 17, 2017)
Individual Health Insurance, Northwest Health Law Advocates, https://nohla.org/index.php/information-analysis/for-washingtonresidents/individual-health-insurance-in-washington-state/ (Last visited July 3, 2017)
Coverage Basics, Washington Health Benefit Exchange, www.wahbexchange.org/new-customers/coverage-basics/ (Last visited
July 3, 2017)
Id.
Id.
Id.
Id.
Ann Vining, supraPremium, Washington Health Benefit Exchange, www.wahbexchange.org/glossary/premium/ (Last visited July 3, 2017)
eHealth, How does health insurance work?, YouTube (Nov. 18, 2014) www.youtube.com/watch?v=hdtQPawYm2k
Co-Pay or Co-Payment, Washington Health Benefit Exchange, www.wahbexchange.org/glossary/co-pay-or-co-payment/ (Last
visited July 3, 2017)
Id.
Id.
Employer Responsibility, Health Law Guide for Business, www.healthlawguideforbusiness.org/employer-responsibility (Last visited
July 3, 2017)
Program Requirements, Washington State Healthcare Authority, www.hca.wa.gov/free-or-low-cost-health-care/apple-healthmedicaid-coverage/individual-adults#program-requirements (Last visited July 3, 2017)
The fee for not having health insurance, Healthcare.gov, www.healthcare.gov/fees/ (Last visited July 3, 2017)
Individuals and Families, Washington Health Benefit Exchange, www.wahbexchange.org/new-customers/who-can-sign-up/
individuals-and-families/ (Last visited July 3, 2017)
Coverage for pre-existing conditions, Healthcare.gov, www.healthcare.gov/coverage/pre-existing-conditions/ (Last visited July 3,
2017)
See Clement v. Gomez, 298 F.3d 989, 904 (9th Cir. 2002), and the American Civil Liberties Union’s “Know Your Rights: Medical,
Dental and Mental Health Care” (Updated July 2012), www.aclu.org/other/know-your-rights-medical-dental-and-mental-healthcare-0
Coverage Basics, supra
Memorandum from the State of Wash. Health Care Authority to Medicaid Suspension Stakeholders (June 29, 2017) (on file withauthor)
Id.
Email from Luanne Serafin, Attorney, Northwest Justice Project, to Chance Yager, Legal Fellow, Wash. Appleseed (June 30, 2017) (onfile with author)
Ann Vining, supra
Telephone Interview by Angeline Thomas and Madeline Morrison with Elizabeth Smith, Wash. Dept. of Corrections (June 1, 2017)
Id.
Id.
Ann Vining, supraId.
45 CFR § 164.524(a)(2)(ii)
Special Enrollment Period, Washington Health Benefit Exchange, www.wahbexchange.org/new-customers/who-can-sign-up/
special-enrollment-period/ (Last visited July 3, 2017)
Washington Healthplanfinder, www.wahealthplanfinder.org/_content/Homepage.html (Last visited July 3, 2017), Office of the
Insurance Comm., When can I buy an individual health plan?, www.insurance.wa.gov/when-can-i-buy-individual-health-plan (lastvisited Aug 19, 2017)
Id.

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34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
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63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81

Ann Vining, supra.
Id.
Id.
Id.
Id.
Covered Services, Washington Health Care Authority, www.hca.wa.gov/free-or-low-cost-health-care/apple-health-medicaidcoverage/covered-services (last visited July 3, 2017)
Id.
Id.
Enrollment Next Steps, Washington Health Care Authority, www.hca.wa.gov/free-or-low-cost-health-care/apple-health-medicaidcoverage/enrollment-next-steps (last visited July 3, 2017)
Ann Vining, supra
Id.
Plans, Washington Health Benefit Exchange, www.wahbexchange.org/new-customers/coverage-basics/plans/ (Last visited July 3,
2017)
Coverage Basics, supra
Id.
Financial Help, Washington Health Benefit Exchange, www.wahbexchange.org/new-customers/financial-help/ (Last visited July 3,
2017)
Id.
Id.
Coverage Basics, supra
Id.
Employer Responsibility, supra
The fee for not having health insurance, supra
Ann Vining, supra
Gathering Your Health Coverage Documentation, IRS.gov (April 27, 2017), www.irs.gov/affordable-care-act/individuals-and-families/
gathering-your-health-coverage-documentation-for-the-tax-filing-season
Email from Alex Davis, Intern, Country Doctor Comm. Clinic to Angeline Thomas, Exec. Dir., Wash. Appleseed (June 27, 2017) (on filewith author)
HCHV Coordinators by VISN/Station, VA.gov (last updated Jan. 25. 2017) www.va.gov/HOMELESS/docs/HCHV_Sites_ByState.pdf
Ann Vining, supra
Wash. Law Help, Getting Help with Medical Debt in Washington State (rev. July 2016) file:///C:/Users/Chance/Downloads/0212en_
getting-help-with-medical-debt-in-washington-state.pdf
Id.
Id.
Id.
Id.
Id.
Id.
Id.
Id.
Id.
Id.
Id.
Id.
Id.
Ann Vining, supra
Getting Help with Medical Debt in Washington State, supra
Wash. Law Help, Getting and Reviewing Copies of your Medical Records (Jan. 2017) file:///C:/Users/Chance/Downloads/5930en_
med-record-copies-and-examine.pdf
Id.
Id.
Id.
Id.
Id.

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Voices of Reentry: Charles
Charles was released from prison in 2016 after a four-and-a-half-year
sentence. Since then, he has worked hard to overcome anger issues andmove on with his life.
On waiting to be released: Honestly, I wasn’t really thinking about anything other than figuring out when I wasgoing to get out. I have two kids, so I wanted to get out and not make the same mistakes, or let anger get thebest of me.
On finding work: I was always getting low, because it is hard to find work. The only people who want to hire
you don’t want to pay, so that’s discouraging, sort of breaks your character down. People don’t want to give youthat opportunity, just because of fear, or just because it’s something that’s written down in a book somewherethat was probably written forty years ago. But then I started getting optimistic because I started getting help
with my resume. I got my whole resume revamped and reworked, so jobs started calling me, and I wasn’t used
to that, so I started getting more optimistic.
On anger: I’ve always been a very intelligent, very intellectual young man, but I just seem to let my anger get
the best of me, and then I always choose the wrong decisions. I tell myself to take a deep breath or countbackwards when I go that route. On a personal level, I think of my kids.
On what prison does to you: When you get locked up, you sort of freeze. Say I got locked up when I was
sixteen, charged as an adult. My mind frame when I get out is still going to be a sixteen-year-old boy, eventhough I have all this new intelligence from reading, law books, whatever the case may be, but my attitude, mymaturity level, my conversation skills are still going to be there.
His advice for someone about to leave prison: My advice would be take some time for yourself, maybe ayear, maybe a couple months to really just gather yourself, because some people aren’t mentally strong. Somepeople go back to the old ways fast, so one thing would be telling them, “Just keep to yourself for a while.” Stayto yourself, find a hobby, find something to do for the time being, just so you can get your mind prepared forbeing out in society. Go to a lake, go to a park, watch people walk their dogs and just really ask yourself: Do you
want your freedom or do you want to be caged like an animal?
On other people in his situation: Just don’t give up. It gets hard, you’re gonna cry, even if you don’t cry you’regonna feel like it. Don’t give up and fall back to your old ways, hustling, robbing, whatever it might be. Don’t
be afraid, because a lot of people are very prideful. When you’re made a certain way, you have a certain mind
frame and only deal with certain people that you connect with on that same level, so you have to be able tobreak those barriers down. Be open and don’t be afraid to ask for help. Even if you have to go through hell to
get it, get help because the more help you get the more safety net you’ll have underneath you, and the more
comfort and confidence you’ll gain, and you’ll start to lose that animalistic-type reality. Don’t give up, don’t beafraid, and just keep fighting the good fight.

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Chapter 9: Housing
The Bottom Line:•If you are homeless, or you anticipate that you will be homeless after you are released, your first priority
should be to secure a bed in a shelter, preferably one that provides case management services as well as aplace to sleep. A list of shelters is provided in the Resources section at the end of this chapter; if you needmore information, you can dial 211.

•

Before you are released, you will need to develop a release plan with your counselor that includes anapproved release address. In most cases, the plan will be for you to be released to the address of a family
member; if you are unable to provide a release address, your counselor will work with specialists in the
county where you will be released. In most cases, you will be released to the county where you were firstconvicted of a felony in Washington (this is called your "county of origin").

•In most cases, your conviction will not have a major impact on where you can live. While you are in community
custody you will be required to live at the address listed in your release plan, and if you were convictedof a sexual offense against a minor, you may be prohibited from living near the homes of young children(or places like schools, playgrounds, and so on). Additionally, if you abuse drugs or alcohol or have a drug
conviction, you may not be eligible for federal housing programs. Private landlords may have restrictions
on who they rent to, but they must abide by the nondiscrimination provisions in the Fair Housing Act (seeSections 9-10 for more information).

•

The federal government administers several housing programs for low-income individuals, including Section
8 and public housing. Federal housing programs are administered by local organizations called public housing
authorities (PHA). PHAs set their own eligibility criteria and application processes, and the rules can varysignificantly from place to place, so it is best to contact a PHA directly to find out whether you are eligible.
Note that federal housing programs are very competitive, and wait times can be very long. See sections 6-7
for more information about federal housing programs, and the Resources section for a list of PHAs.

•

The Fair Housing Act prohibits landlords from discriminating on the basis of your race, color, religion,
national origin, gender, family status (for instance, whether you have children who will be living with you),or disability. Landlords can deny your application for other reasons, such as poor credit history, having too
little income, bad references from prior landlords, or a prior eviction lawsuit. Landlords can also have rules
against pets or smoking inside the building.

•In general, private landlords are permitted to consider your criminal record when you apply for housing,and may deny your application based on your past conviction; however, they cannot have a blanket ban on
renting to people with criminal records.
When considering your application, they must consider specific facts about you and your particularconviction history, like the severity of your crime and how long ago it occurred. If you live in Seattle, youhave even more protection: under a new law, landlords may not require that you talk about your criminal
history at all, and may not reject your application for housing because of your adult criminal history unlessthey think there is a reason to believe you will be a danger to other tenants or to the property.

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HOUSING
Introduction
Finding a safe and stable place to live is one of the most important elements of your transition from prisonback into the community. This chapter contains information on how to plan for your housing search before you
are released, find affordable housing, and deal with your criminal history when you are applying for apartment
rentals. The Resources section at the end of this chapter contains lists of transitional and felon-friendly housing
providers, as well as contact information for emergency shelters.

Preparing for the Housing Search
1. Do I need to find housing before I get out of custody? What assistance is available tohelp me find housing while still in custody?
Before you are released from prison, you will need to have an approved release address.1 Starting approximately
twelve months before your release date, your counselor will have several meetings with you to discuss yourrelease plan and record the address where you will live post-release.2 Usually, the plan will be for you to bereleased to the address of a family member.3 If you are unable to provide an appropriate address where you
will live, your counselor will contact the Regional Housing Specialist for your county of origin to help find
you appropriate housing and, if necessary, provide housing vouchers for up to three months if you meet theeligibility requirements.4 If you will have other needs on reentry, the DOC will attempt to connect you withresources that can help meet those needs.5 Depending on where you are released, the local Housing authority
may have rules that bar you from being considered for housing applications or housing subsidies.6
Some reentry groups in Washington provide housing assistance to people who are leaving prison; see theResources section at the end of this chapter for some of these groups. Note that your release plan may bedenied if the DOC determines that it violates the conditions of your sentence or supervision, places you atrisk to reoffend, or presents a risk to victim or community safety.7 If you think you may need housing voucher
assistance, talk to your counselor.

2. What if I am homeless when I am released?
It is possible that you will be homeless after you are released. If you think you may not have a place to stayafter you are released, you should try to arrange for a bed in a shelter while you are still in prison. If possible,
try to find a shelter that offers case management, rather than just a place to sleep. These more comprehensive
shelters often offer other programs that can help you find a job or get into more permanent housing.
A list of shelters that provide wraparound or case management services is located in the Resources section at
the end of this chapter. Note that most of these facilities are located in Seattle; if you are in another part of thestate or you need more help, you can learn more by dialing 211.

3. Where will I be released? Do I need housing in that county?
When you are released into community custody, you will generally be returned to your county of origin.8 Yourcounty of origin is the county where you were first convicted of a felony in Washington. There are several
exceptions to this general rule; and the DOC may decide to release you to a different county if:•

Some condition of your sentence prevents release to your county of origin;•

There are victim safety concerns in the county of origin that cannot be mitigated to allow you to live there;168

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There are negative influences in your county of origin, such as gang membership, criminal affiliations, orabusive relationships, that would make it more difficult for you to make a successful transition; or•There is family or sponsor support outside your county of origin.9

If you feel that any of these exceptions apply to you, you may request to be released to an alternative county(you must still develop a release plan for that county as discussed in Section 1). If your request is denied, you
may appeal the decision in writing within five business days of receiving notice that your plan was denied. You
will be notified about the outcome of your appeal within 15 business days.10

4. Does my criminal conviction limit where I can live?
Depending on your conviction and the conditions of your release, there may be some restrictions on where you
are allowed to live. While you are in community custody immediately after your release, you will be required tolive at the address listed in your release plan and remain within prescribed geographical boundaries.11
If you were convicted of a sexual offense, you must register your address with the county Sheriff’s Department
as soon as you are released. There also may be some restrictions on where you are allowed to complete yourcommunity custody. For instance, if you were convicted of a sexual offense against a minor, you will not beallowed to live near the home of any of those victims, or with a child of similar age and circumstances as aprevious victim. DOC may also reject residences near schools, child care centers, playgrounds, and other places
where there are likely to be children of similar age and circumstances as previous victims.12 Local ordinances
may impose additional restrictions on where you may live during community custody. There may also be acourt order barring you from living in a certain place (for instance, if you were convicted of domestic violence,
you may be barred from living with the person who brought charges against you).13
After your community custody is complete, your criminal record may create some barriers to your housing.
Individuals who use illegal drugs or abuse alcohol are ineligible for federally assisted housing, as are people
who were evicted from federally assisted housing for drug crimes in the past three years.14
Private landlords may also have restrictions on who they accept, though their ability to discriminate is limitedby the Fair Housing Act. Read on for more specific information about the Fair Housing Act and the types ofrules landlords can make.

5. What are my housing options when I first get out of custody?
The basic types of housing are emergency housing, transitional housing, and permanent housing. Moreinformation about how to find housing is provided later in this chapter. If you are homeless and need somewhere
to sleep tonight, you can get help by calling 211 on your phone.
Emergency housing is short-term accommodation, such as a shelter or hostel, for people who are in crisis (forinstance, people who are homeless or escaping abuse). Emergency housing is useful if you need to get a roof
over your head tonight and cannot wait to find something more long-term. An emergency housing facility
will generally provide you with basic necessities, such as a place to sleep, shower, or do laundry, but is not anapartment or home where you can expect to stay for more than a few nights. Emergency housing is usually freeor low cost, and beds may be limited, so there is no guarantee that you will be able to get a spot. Additionally,
most shelter space is allocated day by day, so just because you were able to get a spot today doesn’t necessarilymean you will get a spot tomorrow. Some shelters may also have additional restrictions - for instance, someshelters may be only for women, or only for families with children, and some may have rules about drugs andalcohol. Contact a specific shelter in your area to learn more about their rules; you can get started by looking at
the list in the Resources section at the end of this chapter.

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Transitional housing is a temporary accommodation designed to bridge the gap between emergency sheltersand permanent housing. Transitional housing is more long-term than emergency housing, but still time-limited,
and generally lasts between several months to several years. Transitional housing is generally a supportive
service and may be bundled with other resources to help you overcome issues such as trauma, drug or alcohol
addiction, or mental health concerns. A transitional housing provider may also provide or help you accesseducation or training, or help you transition into permanent housing. You will be expected to pay for your rent,
but a transitional housing agency should be able to assist you with payments if you are homeless or at risk of
becoming homeless.15
Permanent housing is a house or apartment that you rent or own and can live in indefinitely (provided you pay
your rent or mortgage and adhere to the provisions of your lease). Most people’s goal is to ultimately transition
into permanent housing, and the resources in this Guide will help you do that by helping you understand yourpermanent housing options below.

6. What government housing programs exist for lower-income individuals and families?
The federal government administers several programs that help low-income people secure safe and affordable
permanent housing for their families. Here are a few programs that may be useful to you:•

Housing Choice Voucher Program (Section 8): Section 8 is a federal government program that provides
vouchers to certain low-income individuals to help them pay their rent. If you were convicted of a sex
crime that requires you to register as a sex offender for life, you are not eligible for Section 8 housing. You
are also not eligible if you were convicted of some drug crimes, like manufacturing meth.16 Besides theserules, eligibility for Section 8 varies from place to place. You should contact your local Housing Authority
to get a clear picture of what the eligibility requirements are.17 The government does not provide youwith an apartment or other housing directly; rather, if you are accepted to the Section 8 program you areresponsible for finding your own apartment or other housing that meets the requirements of the program.
The government will then pay your landlord a portion of your rent.18•

Public Housing Program: Public housing is housing that is owned by the government and rented to lowincome individuals and families. If you are in public housing, your rent will be determined based on yourfamily’s income. Unlike Section 8, if you live in public housing, your landlord is a housing authority or othergovernment entity.

Note that you may not be eligible for these programs if you use illegal drugs or abuse alcohol, or if you have been
evicted from federally assisted housing for drug crimes in the past three years. Beyond that, both the Section 8
and public housing programs are administered by local organizations called public housing authorities/agencies(PHAs). Your local PHA will determine any additional eligibility criteria and other rules for these programs inyour area. While eligibility for both programs will be primarily based on your family’s income, the specificeligibility criteria will likely be different in different cities. The best way to find out whether you are eligible for
either Section 8 vouchers or public housing is to contact your local PHA. You can find information about PHAs in
Washington by visiting https://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/pha/contacts/wa or consulting the list included in the Resources section at the end of this chapter. Note that
there is a lot of competition for these programs, and many PHAs have waiting lists. If you are flexible on where
you can live, you may wish to apply to multiple PHAs. There is no restriction on how many PHAs you can apply
to, though you will need to file individual applications for each one.19

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7. How do I apply for Section 8 or public housing?
The application process for Section 8 and public housing is determined by your PHA and will vary. In most areas
you will need to provide information on the people who will be living with you and documentation of yourhousehold income. Some areas may have additional requirements or conditions; for more information, talk to
the PHA of the area you are applying to live in.
Note that the Section 8 and public housing programs are limited, and wait times can be very long – in someareas, it can be five years or more. Because of the high demand, some areas will use other processes to choose
who will receive vouchers or housing. For instance, the King County Housing Authority only accepts Section
8 applications during specific time windows, and then holds a lottery to determine who will be added to thewaiting list.20
Because these programs are so competitive, you should not rely on your ability to get housing this way. While
there is no harm in putting yourself on Section 8 or public housing waiting lists, you should continue looking forother housing while you wait.

8. Where can I find other affordable housing listings?
The best way to get help finding affordable housing is to contact your local PHA. They will have affordable
housing listings and information on public and subsidized housing programs. If you want to look for housing on
your own, below are some resources that can help you locate emergency, transitional, or permanent housing inWashington. You can get information about many of these resources by using the phone to dial 211.
Emergency housing:•Washington Information Network 211, Emergency Shelter, www.resourcehouse.info/win211/Search/Topics/
BH-1800/Emergency_Shelter

Transitional housing:•Washington Information Network 211, Transitional Housing/Shelter, www.resourcehouse.info/win211/
Search/Topics/BH-8600/Transitional_Housing__Shelter•

TransitionalHousing.org, www.transitionalhousing.org/state/washington#city_list

Permanent housing:•

HUD Affordable Apartment Search, www.hud.gov/apps/section8/step2.cfm?state=WA%2CWashington•

HousingSearchNW.org, www.housingsearchnw.org•

Apartment Finder, http://aptfinder.org•

Affordable Housing Online, https://affordablehousingonline.com/housing-search/Washington

There are also several nonprofit organizations operating in Washington that provide direct help to formerly
incarcerated individuals who are looking for housing, sometimes offering transitional or permanent housing
directly in units that they own. A few of these organizations are listed in the Resources section of this guide.

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Housing, Post-Release
9. What documents or materials do I need to apply for permanent housing?
The specific materials you need to apply for housing are determined by the landlord where you are applying andwill vary from application to application. However, here is a list of things that the landlord may ask you about:•

Personal information, including your state driver license or ID card your Social Security number. Information
about getting your identification documents can be found in the Identification chapter of this Guide.

•

Rental history, including whether you have ever been evicted in the past. They may wish to run a tenantbackground check.

•

Credit history. They may also run a credit check.

•Criminal history (but remember that they cannot ban you simply for having gone to prison). They want tobe sure that you will be a safe and responsible tenant.

•Employment and income. They may ask for your paystubs or bank statements to prove that you can afford
the rent. Generally, housing is considered affordable if it is 30% or less of your income.21 For example, if you
make $1,200 a month, renting housing for $360 a month would be considered affordable.

•

Your housing voucher or other documentation related to public housing. You might have a housing
voucher, or you might have a letter from the Housing Authority or another agency that says the agency will
help pay if you can find suitable housing.22

There may also be a fee associated with the credit and/or rental background check, and if you get the apartment,
you will probably have to pay a deposit. Bear in mind that in most cases, every adult who will be living in
the residence will be required to fill out the application. Remember that the landlord may not discriminate
against you based on your race, color, religion, national origin, sex, family status (for instance, whether you havechildren that will be living with you), or disability.

10. What is a potential landlord allowed to ask me about my criminal history? Can apotential landlord turn me down based on my criminal record?
As a general rule, private landlords, including those that accept Section 8 vouchers, are permitted to consider
your criminal record when you apply for housing, and possibly to deny your application based on your pastconviction. However, landlords are not permitted to have blanket bans on renting to anyone with a criminal
record; instead, they must consider specific facts about the potential renter, such as the type and severity of theoffense and how long ago it occurred.23 For instance, if Joe Smith gets out of prison, completes his community
custody, and applies to rent an apartment, the landlord may ask him about his conviction history and, after
considering the specific facts of his case, may choose to deny his application if the landlord thinks that Joe will
be a dangerous or undesirable tenant. However, the landlord may not say, “Sorry Joe, we don’t rent to anyone
with a felony record.” This kind of blanket ban is a violation of the Fair Housing Act.
Due to a new law passed in 2017, landlords in Seattle may not require that you talk about your criminal history,
may not ask about your criminal history and may not reject your application for housing because of your adultcriminal history unless the landlord thinks there is reason to believe that you will be a danger to other tenants
or to the property. A landlord cannot do any of these things at all, for any reason, based on of your juvenile
criminal history.24

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11. Should I give more information than the landlord asks for?
You do not have to give information about your criminal history that a landlord does not ask for. But there is agood chance that the landlord will find out about it.
When deciding whether to disclose something not asked about on the rental application, you should consider:•

The age and type of the conviction (the older and less serious the conviction is, the less important it is totell the landlord about it); and•Whether the landlord will conduct a background check (if the landlord will conduct a background check,they will find out about at least the last 7 years of convictions and arrests, so you should disclose them).

12. Can I submit documentation to show I am rehabilitated since the conviction?
You can submit documents that you think will help explain your criminal record. Character references from
employers, prior landlords, or other people who know you well can be very helpful if the landlord will accept
them. Landlords are not required to accept such documents, but generally will do so.

13. What do I say about sealed or vacated cases?
This depends on the type of case. If you were convicted as a juvenile and your court records were sealed, you
do not need to tell the landlord about that conviction.25 For more information about sealing records, see the
Criminal Records and Background Checks chapter.
If you have a conviction that has been vacated, you have the right to say that you were never convicted of thatcrime.26 The Washington State Patrol will not report convictions that have been vacated. But since vacatedconvictions can still show up in public records, they are often reported on background checks. If the landlord is
likely to run a background check on you, you should consider telling the landlord about the conviction on yourapplication and explaining that it was vacated.
Unfortunately, sealed and vacated records sometimes appear in background checks, even though they are
not supposed to. If you are denied housing because of an incorrect background check, you may be able tochallenge it. See Section 23 for more information.

14. Can my application for housing be rejected for reasons outside my criminal history,
such as past drug addiction?
A landlord is generally free to set whatever eligibility conditions it wants, so long as those reasons are notdiscriminatory (see Section 10 for more information on housing discrimination). A landlord may turn you down
for poor credit history, having too little income, bad references from prior landlords, or a prior eviction lawsuit.
A landlord may also choose not to allow pets or smoking inside the building.27
Past drug addiction is considered a disability under fair housing laws, so a landlord cannot turn your rental
application for this reason alone.28 Although not required, a tenant may submit letters of support or certificatesfrom drug rehabilitation programs, case managers, or other landlords. Note, however, that you may be evicted
for illegal drug activity in a property that you are renting.29

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15. Will a potential landlord run a background check on me? Do I have a right to knowwhether a landlord is doing a background check on me? What kinds of information will
they find?
Some landlords may run a background check on you, but others may not; it is up to them. If the landlord is doing
its own investigation, such as looking at court records or interviewing people that know you, then you do nothave a right to know about it. But if a landlord uses a third-party, such as a Consumer Reporting Agency (CRA),
to perform a background check on you, then you have the right to know about it under a law called the Fair
Credit Reporting Act.
Before a landlord looks up any information about you, it must inform you in writing:•

What types of information it will access about you;•

What criteria may result in you being rejected; and•If the landlord is planning to use a CRA, the name of the CRA, and that you are entitled to a free copy of
the CRA report.30

What information the landlord will find depends on the source of the background check. For example, if alandlord orders a copy of your criminal history from the Washington State Patrol, it will receive a report with all
non-sealed and non-vacated adult and juvenile convictions from Washington state courts, no matter how old
the convictions are. But if a landlord orders a background report from a CRA, it will generally receive a reportwith adult and juvenile information (including arrests) from all states, including federal offenses.

16. If I am denied housing on the basis of a background check, what can I do?
There is not much you can do in this case, but you should review the background report to see if the information
there is accurate. If it is not, then you should tell the landlord what information is wrong, and let the landlord
know that you are contacting the CRA to correct the information. If the situation is not resolved after talking to
the landlord and the CRA, you should contact CLEAR at 1-888-201-1014 to seek legal advice.31

17. Do I have a right to request that a consumer reporting agency stop reporting
something from my criminal history?
You can only stop a reporting agency from reporting something from your criminal history if the informationthat it is reporting is wrong. See Section 19 below for more information.

18. What kinds of information are consumer reporting agencies (CRAs) barred from
including in their background check?
There are limits on what information a CRA can report about you. Under Washington law, for the purposes ofrental applications, CRAs cannot report information about arrests or convictions that are more than 7 years
old.32 CRAs also cannot report juvenile convictions if you are 21 years old at the time of the background check.33
There is a big difference between what a CRA can report about you versus what information a landlord canuse when making rental decisions. For example, even though CRAs generally cannot report arrests older than
7 years if they don’t result in convictions, a landlord can consider those arrests in making a decision about yourapplication if it finds out about them another way (such as through a search of court records).

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19. How do I remove or change incorrect information in a background check?
If the background report was provided by a CRA, you should contact the CRA, in writing if possible, using theinformation provided by the landlord. You should explain what part of the report is wrong, highlighting orotherwise marking that part of the report on a copy. You should also give the CRA the correct information, with
document backup if possible. Finally, a reasonable time period after contacting the CRA, you should follow up
with the CRA to make sure that the correct information is being used.34
If the background report was provided by the Washington State Patrol, you should provide similar information
to that agency, using its Request for Modification of Record form, available at: www.wsp.wa.gov/crime/docs/
misc/modification_record_request.pdf. A copy of this document is available in the Resources section at the endof this chapter.

20. What are the obligations of a consumer reporting agency (CRA) when I request theycorrect information in a background check?
Once you have requested that a CRA correct information from your background report, then, within 30 days,
it must perform an investigation (including consideration of the information that you submitted). If, after thistime, the CRA finds that the information it reported is wrong or if the CRA cannot verify its accuracy, it mustdelete the information or change it so that it is correct. The CRA also has to take reasonable steps to make surethat the incorrect information will not be included in background reports in the future. And it must tell landlords
that received the inaccurate report over the last two years that information has been deleted or corrected.35

21. What can I do if the consumer reporting agency or the landlord does not follow thelaw regarding my background check?
If you think a landlord or CRA broke the laws around background checks, you should contact an attorney.
The law allows people to sue employers or CRAs for certain violations, and to recover money for damage
caused by the violation. The National Association of Consumer Advocates maintains a database of consumer
lawyers in every state that deal with these types of cases. You can access the database at this website: www.
consumeradvocates.org/ by scrolling down to the “Find an Attorney” link. Attorneys will generally provide
a free consultation and depending on the circumstances of your case, if you win the case, you may not be
responsible for the attorney’s fee.
You can also report the violation to the Federal Trade Commission, the US government agency that enforces
the Fair Credit Reporting Act, by filing a complaint:•

By telephone at 1-877-382-4357;•

By mail to: Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Ave, NW, Washington,
DC 20580; or•Online at www.ftccomplaintassistant.gov/ (then click “Credit and Debt,” then click “Credit and Loans,” thenclick “Credit Reporting”).

22. Can I get a copy of the background check my potential landlord uses?
Yes; if a potential landlord runs a background check on you using a CRA, you are entitled to a free copy of thereport.36

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23. Am I entitled to know why the landlord denies me?
If a landlord denies your application, it is required to inform you in writing and provide the reason that it has
rejected you. This notice should look approximately like this:"ADVERSE ACTION NOTICE"
Name
Address
City/State/Zip CodeThis notice is to inform you that your application has been:..... Rejected..... Approved with conditions:..... Residency requires an increased deposit..... Residency requires a qualified guarantor..... Residency requires last month's rent..... Residency requires an increased monthly rent of $........
..... Other:Adverse action on your application was based on the following:..... Information contained in a consumer report (The prospective landlord must include the name, address, andphone number of the consumer reporting agency that furnished the consumer report that contributed to theadverse action.)..... The consumer credit report did not contain sufficient information..... Information received from previous rental history or reference..... Information received in a criminal record..... Information received in a civil record..... Information received from an employment verification
Dated this ..... day of ........, ....(year)
Agent/Owner Signature"37

24. What do I do if I believe a landlord is discriminating against me?
If you believe that a landlord has denied your application solely because you have a previous criminal conviction
you may file a complaint with the Federal Housing and Urban Development Department (HUD) as a violationof the Fair Housing Act.38 Fair housing complaints can be filed with HUD by telephone (1-800-669-9777), mail,or via the Internet.

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25. Are certain landlords more accepting of those with criminal convictions? How can I
find out about them?
The Resources section at the end of this chapter contains a list of organizations that either rent directly topeople with criminal records or assist people with records to find housing. This is not a comprehensive list, but
it will give you a good place to start.

26. How do I find out about my eviction record? How much does it cost? How long does
an eviction stay on my record?
You can contact the county clerk’s office for a copy of your eviction record. While the record itself should be
free, the clerk may charge you a small fee if they need to fax or mail the paperwork to you, usually $5.39 Copies
of eviction records are also available online for purchase from various clearinghouse companies with prices
varying depending upon the source.40 In general, evictions will stay on your record for seven years.41

Post-Release: After You Obtain Housing
27. How can violating the terms of my release affect my housing?
If you are living in public housing, violating your terms of release can be grounds for terminating your housing.42
If you were released before serving your maximum sentence and are in community custody, a violation may
result in being returned to prison.43 If you abandon your rental property for any reason (including being returned
to prison for violating your terms of release), you will lose your claim on the property and may be responsible
for the landlord’s costs in re-renting your unit.44 There may be other consequences as well; for instance, you may
forfeit your security deposit or any personal property left in the unit.

28. What types of crimes and related issues can I be evicted for?
Besides ordinary grounds for eviction (for instance, damaging the property or failing to pay your rent), you
can be evicted for illegal drug-related activity45 or gang-related activity that endangers the safety or propertyof other tenants.46 You may also be evicted if you are arrested for behavior that endangers other people andinvolves either physical assault or illegal use of a firearm or other deadly weapon, including threatening thelandlord or another tenant with a weapon.47

29. Can I be evicted for an arrest that does not result in a conviction?
You can be evicted for an arrest that does not result in a conviction if the behavior you were arrested forendangers other people on the property and involves either a physical assault or illegal use of a firearm or otherdeadly weapon, including threatening the landlord or another tenant with a weapon.48

Resources
Organizations that can help you find housing:•Catholic Community Services/Catholic Housing Services owns a large number of housing units
including shelters and transitional and permanent housing for low-income individuals in Western
Washington.

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Chapter 9: Housing»» www.ccsww.org/site/PageServer?pagename=housing_index
Phone: 206-328-5696
Email: CatholicHousingServicesInfo@ccsww.org•

Compass Housing Alliance owns a large number of housing units and provides emergency shelter andtransitional and permanent housing for low-income individuals.
»» www.compasshousingalliance.org
77 S. Washington Street, 5th Floor
Seattle, WA 98104
Phone: 206-474-1000•

New Connections provides limited transitional housing in the Tacoma area for women who were recently
released from prison.
»» https://nctacoma.org/
613 S. 15th Street
Tacoma, WA 98405
Email: info@nctacoma.org
Application form (fill out and return by mail or email):
https://irmagary.files.wordpress com/2011/11/9_27_16_nc_shelterapplication.pdf•

Pioneer Human Services owns a large number of housing units in King, Pierce, Skagit, Spokane, andWhatcom counties and provides transitional and permanent housing rental programs for people withcriminal histories.
»» http://pioneerhumanservices.org/housing
Phone (Seattle): 206-624-0082 x104
Phone (Tacoma): 253-272-5486
Email: housing@p-h-s.com•

The STAR Project has relationships with a number of local landlords who have agreed to provide
transitional housing for some formerly incarcerated individuals.
»» www.thestarproject.us/
321 Wellington Avenue
PO Box 159
Walla Walla, WA 99362
Phone: 509-525-3612
Email: info@thestarproject.us•

You can also visit http://4people.org/Reentry/Reentry.html for a detailed list of reentry resources broken
down by county.

Emergency shelters for men:
Shelters

Contact/intake information

Union Gospel Mission Men’s Shelter318 2nd Ave Extension South, Seattle, WA 98104(206) 622-5177

Bread of Life Mission Overnight Shelter

97 South Main St, Seattle, WA 98104(206) 682-3579

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DESC Queen Anne Shelter

157 Roy St, Seattle, WA 98109(206) 283-9567

Catholic Community Services HOME and
ARISE

Intake at 1229 W Smith St, Kent, WA 98032 (Monday –Friday 1-2 p.m.) OR Renton Library (Wednesday 1-3 p.m.)(253) 854-0088, ext. 2

Congregations for the Homeless Year-Round
Shelter (for homeless men with a connection
to the Eastside, not open to individuals withconvictions for sexual offenses)

Shelter rotates between various Eastside churches;
contact Barrett Compton at (425) 614-6506

Compass Housing Alliance Blaine Center (byreferral only)

Denny Way near Seattle Center(206) 474-1660

Emergency shelters for women:
ShelterContact/intake information

Union Gospel Mission Hope Place (for womenand children)

3802 South Othello St, Seattle, WA 98118(206) 628-2008

Union Gospel Mission KentHOPE Day Center

9009 Canyon Dr, Kent, WA 98030(253) 480-2325

Union Gospel Mission BelRed Family Resource
Center (for women and their children)2315 173rd Ave NE, Redmond, WA 98052(206) 491-0651

Catholic Community Services Noel House
Programs

2030 3rd Ave, Seattle, WA 98101(206) 441-3210

YWCA Angeline’s Day Center (open daily from8:00 a.m. – 8:00 p.m. for drop-in services
and case management; also has an Enhanced
Night program to help participants transition
into permanent housing)2030 3rd Ave, Seattle, WA 98121(206) 436-8650

Compass Housing Alliance Hammond House

Intake: Women’s Referral Center at 2030 3rd Ave, Seattle,
WA 98121(206) 441-3210

Emergency shelters and services for men and women:
ShelterContact/intake information

Bread of Life Mission Day Shelter (open
Monday-Friday from 9:30 a.m. – 3:00 p.m.)

97 South Main St, Seattle, WA 98104(206) 682-3579

DESC Main Shelter

515 Third Ave, Seattle, WA 98104(206) 464-1570

DESC Navigation Center (open to people withpartners, pets, and possessions; prioritizes
high-needs homeless adults)

606 12th Ave S, Seattle, WA 98144(206) 322-1763

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Catholic Community Services Nativity House
Day/Night Shelters

702 S 14th St, Tacoma, WA 98405(253) 502-2780

Catholic Community Services Lazarus Day
Center (open daily 7:00 a.m. – 6:30 p.m.)

416 2nd Ave, Seattle, WA 98194(206) 623-7219

Compass Housing Alliance Client Services
Office (provides free mail and banking
services for homeless and low-income people;
open Monday – Friday 9:00 a.m. – 4:00 p.m.)

77 S Washington St, Seattle, WA 98104(206) 474-1000

Compass Housing Alliance Hygiene Center(provides a place to use the restroom, take ashower, or do laundry; open Monday – Friday
7:00 a.m. – 2:30 p.m.)

77 S Washington St, Seattle, WA 98104(206) 474-1000

Compass Housing Alliance Peter’s Place (byreferral only)

901 Rainier Ave S, Seattle, WA 98144(206) 474-1630

Compass Housing Alliance Compass at First
Presbyterian (by referral only)

1013 8th Ave, Seattle, WA 98104

Public Housing Authority contact information:
PHA Name

Address

Phone

Anacortes

719 Q Ave, Anacortes, WA 98221(360) 293-7831

Asotin County

1212 Fair St, Clarkston, WA 99403(509) 758-5751

Bellingham

208 Unity St, Bellingham, WA 98225(360) 676-6887

Bremerton

600 Park Ave, Bremerton, WA 98337(360) 479-3694

Everett Housing Authority

3107 Colby Ave, Everett, WA 98201(425) 303-1102

Grant County

1139 Larson Blvd, Moses Lake, WA 98837(509) 762-2202

Grays Harbor

602 East First St, Aberdeen, WA 98520(360) 532-0570

Island County

7 NW 6th St, Coupeville, WA 98239(360) 678-4181

Kalama226 Cloverdale Rd, Kalama, WA 98625(360) 673-2873

Kelso1415 S 10 , Kelso, WA 98626(360) 423-3490

Kennewick1915 W 4th Pl, Kennewick, WA 99336(509) 586-8576

King County

600 Andover Park W, Seattle, WA 98188

Housing Kitsap

345 6th St Suite 100, Bremerton, WA 98337(360) 535-6100

Kittitas

107 W 11 Ave, Ellensburg, WA 98926(509) 962-9006

Longview

820 11th Ave, Longview, WA 98632(360) 423-0140

Okanogan County

431 5th Ave W, Omak, WA 98841(509) 422-1713

Othello

335 N 3 Ave, Othello, WA 99344(509) 488-3527

HACPFC (Pasco)2505 West Lewis St, Pasco, WA 99301(509) 547-3581

th

th

rd

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Peninsula HA (PortAngeles)2603 S Francis St, Port Angeles, WA 98362(360) 452-7631

Pierce County

603 Polk St S, Tacoma, WA 98444(253) 620-5400

Renton2900 NE 10 St, Renton, WA 98056(425) 226-1850

Seattle Housing Authority

190 Queen Anne Ave N, Seattle, WA 98109(206) 615-3300

Sedro Woolley

830 Township, Sedro Woolley, WA 98284(206) 574-1100

Skagit County

1650 Port Dr, Burlington, WA 98233(360) 428-1959

Snohomish County

12711 4 Ave W, Everett, WA 98204(425) 290-8499

Spokane55 W Mission Ave, Spokane, WA 99201(509) 328-2953

Sunnyside

204 S 13th St, Sunnyside, WA 98944(509) 837-5454

Tacoma902 S L St, Tacoma, WA 98405(253) 207-4400

Thurston County

1206 12 Ave SE, Olympia, WA 98501(360) 753-8292

Vancouver2500 Main St, Vancouver, WA 98660(360) 694-2501

Walla Walla

501 Cayuse St, Walla Walla, WA 99362(509) 527-4542

Wenatchee1555 S Methow St, Wenatchee, WA 98801(509) 663-4761

Whatcom County

208 Unity St Lower Level, Bellingham, WA 98225(360) 676-6887

Yakima Housing Authority

810 N 6th Ave, Yakima, WA 98902(509) 453-3106

th

th

th

Glossary
County of origin: The county where you were first convicted of a felony in Washington.
Emergency housing: Short-term accommodation, such as a shelter or hostel, for people who are currently incrisis (for instance, people who are homeless or escaping abuse). Emergency housing is useful if you need toget a roof over your head tonight and don’t have time to find something more long-term.
Fair Housing Act: The Federal Fair Housing Act protects people from discrimination when they are renting,buying, or securing financing for any housing.
Housing and Urban Development (HUD): A federal department overseeing home ownership, low-income
housing assistance, fair housing laws, homelessness, aid for distressed neighborhoods, and housingdevelopment.
Permanent housing: Housing that you rent or own and can live in indefinitely (provided you pay your rent or
mortgage and adhere to the provisions of your lease).
Public housing authority/agency (PHA): A local governmental organization that administers federal
affordable housing programs such as Section 8 and public housing. Contact information for PHAs in
Washington can be found at https://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/pha/contacts/wa and in the Resources section of this chapter, above.
Release plan: A plan you develop while in custody with help from your counselor that includes the address
where you will live after you are released.

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Transitional housing: Temporary accommodation designed to bridge the gap between emergency sheltersand permanent housing. Transitional housing is more long-term than emergency housing, but still timelimited, with stays generally lasting between several months and several years.
_______________________________
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

Bob Story, Wash. Dept. of Corrections (Aug. 23, 2017)
Washington State Department of Corrections Policy No. DOC 350.200 (Aug 8, 2010); RCW 9.94A.7281(5)(b).
Becky Turner, STAR Project (Aug 23, 2017)
Washington State Department of Corrections Policy No. DOC 350.200, Attachment 5, Offender Release Plan Procedure (Aug 8,2010); RCW 9.94A.729(5)(d).
RCW 72.09.270(6).
Becky Turner, supra
RCW 9.94A.729(5)(c).
RCW 72.09.270(8)(a).
Id.
Washington State Department of Corrections Policy No. DOC 350.200 (Aug. 8, 2010); Washington State Department of Corrections
Policy No. DOC 350.200, Attachment 1, County of Origin (Aug 8, 2010).
RCW 9.94A.704(3).
RCW 72.09.340; RCW 9.94A.703; RCW 9.94A.030.
RCW 59.18.585.
42 U.S.C. § 13661(a)-(b).
Becky Turner, supra
Becky Turner, supra
Id.
United States Department of Housing and Urban Development, Housing Choice Vouchers Fact Sheet, https://portal.hud.gov/
hudportal/HUD?src=/topics/housing_choice_voucher_program_section_8 (last visited March 23, 2017).
Becky Turner, supra
www.kcha.org/housing/vouchers/list/
Becky Turner, supra
Id.
United States Department of Housing and Urban Development, Office of General Counsel Guidance on Application of Fair Housing
Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions (April 4, 2016).
City of Seattle Ordinance 125393 (Aug. 23, 2017)
RCW 13.50.050(2).
RCW 9.94A.640(3).
www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter1-2.html
See The Fair Housing Act, 42 U.S.C. 3601 et seq.
RCW 58.18.130(6); RCW 59.18.180(3).
RCW 59.18.257(1)(a).
Becky Turner, supra
RCW 19.182.040(2)(c).
RCW 19.182.040(1)(e).
RCW 19.182.090.
15 U.S.C. § 1681i(a)(1)(A), (a)(4)-(5), (d)); RCW 19.182.090.
RCW 59.18.257(1(a)(iii), Becky Turner, supra.
RCW 59.18.257(1)(b).
https://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/complaint-process
Becky Turner, supraSee, e.g., www.evictionrecords.com/state-public-records/wa-washington-criminal-records/; www.myrentalhistoryreport.com/.
www.myrentalhistoryreport.com/blog/your-prior-rental-history-and-renting/how-long-does-your-rental-history-stay-with-you/
42 U.S.C. § 1437f(d)(1)(B)(v).
RCW 72.09.311.

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44
45
46
47
48

RCW 59.18.310.
RCW 58.18.130(6); RCW 59.18.180(3).
RCW 59.18.130(9); RCW 59.18.510; RCW 59.18.180(5).
RCW 59.18.130(8); RCW 59.18.180(4).
RCW 59.18.130(8); RCW 59.18.180(4).

183Washington Reentry Guide

Voices of Reentry: Chris

Chris spent most of the last three years of his prison sentence in solitaryconfinement. After being jailed multiple times following his first release, heresolved to make a clean break when he left work release for the last timein 2013. Cutting ties with his old friends, neighborhood, and way of life,
he dedicated himself to his work at Pioneer Human Services to the nearexclusion of everything else.
On his first release from prison: Honestly I thought, “I’m just gonna end up getting out, staying over here witha friend or family until I get locked back up.” I was going to South Seattle College for Automotive Technology
and it just didn’t last. I got tossed back in jail; they couldn’t prove anything, but they’d just arrest me because I
was on probation and they could do that. Once they threw me in jail the first time, it was just a recurring thing.
On what he did to change his life: I went and got baptized and was like, “I’m done.” It was just time to reallystop. I stopped talking to everybody, all of my old friends. I’m right down the street from them, but I don’t
associate with them anymore.
On the struggle to get services: Anything you try to get set up while you’re in solitary confinement is tough.
Lots of times you’ll get a letter back, saying, “We’ll wait until you get out.” Well, wait ‘til I get out for what? Wait
until I’m homeless, or go to people I know, like family who’re on drugs, or these guys who are gang members?
I’d end up going back to jail for associating with any one of them.
On facing discrimination: I tried and tried to get a job. I even went to a place right down the street and gavethe lady, the receptionist, my resume and my application. She calls the boss and I can hear him say, “Well, what
does he look like?” and she’s like, “Ummmmm,” you know, she couldn’t say anything.
On hard work paying off: When I started at Pioneer Human Services I was making $10.60. I’ve almost doubled
my wage in the four years that I’ve been here. But you’ve got to put in the time. It’s not like I was here a year
and they said, “Here’s an extra nine, ten dollars.” They love me here, I bust my butt around here, I do everything
they need.

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On who has helped him: Number one, my wife is the best. I was already not going back, but she pushed me
big-time in a whole other direction.
On what he’d tell someone just about to leave prison: You can only do applications so much, then you start
wondering, what am I going to do now? And I wish I’d never thought, “You know, I’m just going to park my car
and hop on this bus and go through my old neighborhood just to see what I see,” because that’s what I used
to do when I was a young teen. There’s nothing going on. You’re looking for trouble, that’s all. Now it’s four
years later, I only got another year and a half in the aerospace apprenticeship program I’m in before I become ajourneyman and I’m making real good money. I wish I’d just done that from the start.
On plans for the future: I got goals. I told my wife in five years we’re selling this house. We’ll leave with a nicechunk of money. We’ll move back to our area, the nice area, towards the water. When we sell this house, we’removing into our dream house, and we’re not moving again.
Chris now lives in Tacoma with his wife and his 16-month old daughter.

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Chapter 10: Identification
The Bottom Line:•

This chapter discusses how to obtain the identification documents you will need to do things like find a job
and secure housing. This chapter does not cover getting or reinstating your driver's license. For information
about driver's licenses, see the chapter entitled Getting or Reinstating Your Driver's License.

•

Your birth certificate is a document that is usually issued by the hospital where you were born and thatshows your date of birth and parents' names. A birth certificate can usually help you prove your age andcitizenship (if you were born in the United States), and is very useful when you are trying to get a stateissued photo ID. To get a new copy of your birth certificate, contact the Department of Vital Records of thestate in which you were born. See sections 1-3 for more information.

•

A Washington State ID card is a card issued by the Department of Licensing (DOL) that serves as proof ofidentity. A state ID card does not authorize you to drive a car (although a driver's license also functions as
an ID card, so if you have a driver's license, you do not need a separate state ID). You will almost certainly
need some form of state ID to get a job, rent an apartment, or open a bank account, so getting your ID isvery important. See sections 4-5 for more information on getting your state ID.

•

The primary use of your Social Security Card is to tell you your Social Security number. Social Security
numbers are issued by the federal government to every citizen, and every person's number is different. You
will need your Social Security number to get a job, collect Social Security benefits, and access government
services, but if you know the number, you do not need to show your Social Security card very often. If you
don't know your Social Security number and you need a new card, see sections 6-10.

187Chapter 10: Identification

IDENTIFICATION
Introduction
Identification documents are documents that prove your identity and other important things about you.
State-issued photo identification cards, Social Security cards, birth or marriage certificates, and educational
credentials are all examples of identification documents. These documents are often necessary to secure
housing, open a bank account, find a job, and obtain necessary health benefits. Your identification documents
may have expired while you were incarcerated or been lost during the criminal justice process, or you may nothave had them when you first entered the system.
This chapter will explain how to obtain a variety of government issued identification documents that you
will need once you are released from prison. It will also point you to vital resources in printed or online form
concerning these different forms of identification. You can apply for some identification documents while you
are still in custody; in other cases, you will need to wait until you are released. Keep in mind that you may not
qualify for or need all of these identification documents, but you should explore this chapter to find out how to
get the identification documents that you need. Note: If you need help getting your driver’s license, see thechapter entitled Getting or Reinstating Your Driver’s License.

Birth Certificate
1. Can I get a copy of my birth certificate while I am incarcerated?
Certified copies of birth certificates are of great value and are essential for various purposes. These include
verification of age for school entry, obtaining a driver’s license, establishment of citizenship, proof of eligibility
for Medicare, information necessary for life insurance policies, verifying citizenship for an application for a
Social Security card, and similar identity or age verifications. The amount it will cost to get your birth certificate
depends on the state or country in which you were born. This section aims to help you understand how andwhen you can order a Birth certificate while you are incarcerated.
If you were born in Washington, ordering a copy of your birth certificate is a matter of filling out a form withsome basic information and mailing it to the State Department of Health along with a fee. Assuming you can
get a copy of the form you need and have a way to pay, you can start this process while you are incarcerated.
If you were not born in Washington, depending on your state of birth, you may also be able to have a friend or
family member complete this process for you. More detailed information is provided in the next two sections.

2. How do I order a birth certificate if I was born in Washington?
In Washington, the Department of Health issues certified copies of vital records (or “certificates”) for births,
deaths, marriages and divorces that took place in the state of Washington. Below is a chart showing a few ways
to order a certified copy of your birth certificate. If you are still incarcerated, talk to your counselor to determine
the best way to start the process from your facility. If you apply by mail, you will need a copy of the order form,
which is called Washington State Department of Health Birth / Death Certificate Mail Order Form. This form canbe found online at www.doh.wa.gov/Portals/1/Documents/Pubs/422-044-BirthDeathMailInOrder.pdf, or yourcounselor may be able to help you get a copy.

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The chart below shows several ways to order a Washington State birth certificate, how much they cost, andhow long they take to process:Ways to
Order

Cost perHow Long it Takes to
Certificate Fill an Order

Quick Links and Info

Mail

$20.00

Shipped out 3 weeks after
payment is processed

Fill out the order form (available at www.doh.
wa.gov/Portals/1/Documents/Pubs/422-044BirthDeathMailInOrder.pdf)

Online$31.50

Shipped within 2-3 businessdays

Go to www.vitalchek.com

Phone$31.50

Shipped 1-2 business day

Call 360-236-4313 Monday – Friday from 9:00
a.m. to 4:30 p.m.

Walk-In$20.00Same day orders after 4:00
p.m. may be processed next
business day

Monday – Friday from 8:00 a.m. to 4:30 p.m.
101 Israel Road SE Tumwater, WA 98501

Additionally, it is helpful to know that Washington is a public records state by law.1 This means that a loved one
or family member is able to use any of the options detailed in the chart above to order a birth certificate for you,as long as that they are able to fill out the order form with your complete and accurate information. Your loved
one or family member will need the following information about you in order to order your birth certificate:•Your full name as it appears on your birth certificate;•Your date of birth (Month/Date/Year);•Your city or county of birth; and•Your parents’ full names at the time of your birth.

3. How do I order a birth certificate if I was born in a different state?
The process for ordering birth certificates varies from state to state. If you were born outside of Washington,
you will need to research how to order a birth certificate directly from the state or country in which you wereborn. Unless you have internet access, or can ask for help from someone who does, you may need to wait
until you are released to find this information. However, it is a good idea to also talk to your counselor and see
if he or she can provide you with any assistance. If you are able to have someone assist you with finding thisinformation while you are incarcerated, the Centers for Disease Control and Prevention website (www.cdc.
gov/nchs/w2w/index.htm) contains information on locating vital records and includes links to information andguidelines for ordering birth certificates from various states and US territories.

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Washington State Identification (ID) Card
4. Can I start the process to get my Washington State ID card while I am incarcerated?
While you can start the process of getting a Washington State ID card while you are still incarcerated, keep inmind that you will need to visit a Washington State Department of Licensing (DOL) office as soon as possible
after you are released to complete your application and receive your ID.
Note: Driver’s licenses are also processed through DOL, but the process is different. For information about
driver’s licensing, see the chapter entitled Getting or Reinstating Your Driver’s License. A state ID card does
not authorize you to drive a car, but a driver’s license also functions as a state ID (so if you have a driver’s
license, you do not need a separate state ID card).
Six months prior to your release from a facility, you should be given an official notice that provides information
regarding how the Department of Corrections can assist you in obtaining a Washington State driver’s license,
ID card, and/or a replacement Social Security card.2
Once you have received this notice, and before you are released, make an appointment to talk with yourcounselor about obtaining a Washington State ID. Your counselor should submit an electronic verification letterto the DOL no earlier than 45 days prior to your release.3 It is very important to know when your counselor
submits this letter. The electronic verification letter will stay on file at the DOL for 60 days from the date it was
filed, meaning that it may expire as soon as 15 days after your release.4
After you are released, bring your Department of Corrections (DOC) Identification Badge to your local DOL
office as soon as possible. You can find DOL off﻿ice locations by visiting https://fortress.wa.gov/dol/dolprod/
dsdoffices/. If you have other forms of identification, such as a Social Security card or birth certificate, it may
be helpful to have them with you. The DOL will use your badge and the verification letter that your counselor
sent to them in order to verify your identification. There is a fee associated with getting your ID, so you will needto bring a form of payment as well. It costs $54 to get an ID card, which is valid for six years before it must be
renewed. It costs $20 to replace a lost or stolen ID card.5
If all the information you provide is accurate and verifiable, the DOL can prepare an identification card andmail it to your address. If you do not have an address, you may request that it be mailed to your Community
Corrections Officer (CCO).6

5. How do I get or renew my Washington State ID card after I am released?
You can get your Washington State ID card after you are released by visiting a DOL office. You can find DOL
office locations by visiting https://fortress.wa.gov/dol/dolprod/dsdoffices/. When you visit the office, you willneed to bring the following items with you:•

Proof of identity. There are a number of different documents that DOL will accept as proof of your identity,
and the requirements also vary slightly based on your age and personal circumstances. See www.dol.
wa.gov/driverslicense/idproof.html for a detailed list of identity documents that DOL accepts, and what
combinations will be enough to proof who you are.

•Form of payment for the fee. There is a $54 fee associated with getting your ID card, which is valid for six
years before it must be renewed.

•

Your Social Security number or proof of address. If you are 18 or older, you must provide your Social
Security number. You do NOT need to show your Social Security card. If you do not have a Social Security

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number, you must prove that you have a valid address in Washington. See www.dol.wa.gov/driverslicense/
idproof.html (at item #3) for more information about how to prove your address.
You will also need to have your picture taken at the DOL office. Once all your information is verified, you will begiven a temporary ID card before you leave the office. Your permanent ID will be mailed to you, and will arrive
within 7-10 days.7
If your ID card is expired, renewing it is easy. You can renew by visiting a DOL office or by using the online tool at
https://fortress.wa.gov/dol/olr/. To renew online, you will need your ID card number, the last four digits of yourSocial Security number, an email address, and a credit card. The fee to renew your ID card is $54 for six years.8

Social Security Card
6. What is a Social Security card? Why do I need it?
Your Social Security card shows your nine-digit Social Security number. Social Security numbers are issued
by the federal government to every U.S. citizen, and every person’s number is unique. You need your Social
Security number to get a job, collect Social Security benefits, and get some other government services, but you
do not need to show your Social Security card very often. Instead, you’ll just have to provide the number on aform or in some cases, a photocopy of your Social Security card will be accepted.
Your Social Security number is private information, and having access to your Social Security number may
enable someone to steal your identity, which can have a lot of negative consequences for you. For this reason,
you should not tell anyone your Social Security number unless they need it for a legitimate reason, and you
should not carry the card around with you every day. Instead, memorize the nine-digit number on the card andkeep the card itself in a safe place with your other important papers.
Note that you can only get a Social Security number or a Social Security card if you are a United States citizen(including foreign-born naturalized citizens) or a non-citizen who is authorized to work in the United States. If
you are not in either of those groups, you can skip these sections entirely, as they will not apply to you.

7. Can I get a Social Security card while I am incarcerated?
If you already have a Social Security number and simply need a new card (known as a replacement card), youwill be able to apply for one while you are still incarcerated. See section 8 for more information on getting a
replacement card. If you need an original card (in other words, if you have never had a Social Security number
issued to you), you cannot apply for a card while you are still in custody, and will have to wait until you arereleased.9 See section 9 for more information on getting an original card.

8. How do I get a replacement Social Security card?
If you already have a Social Security number but have lost your card, you need a replacement card. Note thata Social Security card is really only important because it tells you your Social Security number. You will rarely
have to show anyone your Social Security card, and if you know the number, you may not need the card at all.
In order to get a replacement card, you will need to submit an application and other documentation. You can
get an Application for a Social Security Card (Form SS-5) from your Counselor. This form is also available online:
www.ssa.gov/forms/ss-5fs.pdf.
If you have a valid U.S. mailing address and you already have your Washington state ID or driver’s license,
you may be able to apply for a replacement card online using the my Social Security web portal (www.ssa.

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gov/myaccount/). For more information on setting up an account on my Social Security, visit www.ssa.gov/
myaccount/.
To obtain a replacement Social Security card, you also must provide one document to prove your identity.
Documents that may be accepted as evidence of identity include:•

Washington State ID Card;•

Driver’s license; or•

U.S. passport.

If none of these are available, other documents (such as a school identification card or U.S. military identificationcard) showing your legal name and date of birth or age, preferably with a recent photograph, may be accepted.
If you are still incarcerated, your prison facility may have a relationship with the Social Security Administration(SSA) whereby the SSA will accept written certification from a prison official as proof of your identity.10 Talk to
your Counselor to find out to process at your facility. You may also need to provide proof of your age and ofyour citizenship or immigration status, if they are not already on file with the SSA. Once you have submitted
all of your required documents, your replacement card will be mailed to you. You should receive it within 10-14
business days from the date your application is processed.
Note that you are limited to three replacement cards in a year and 10 during your lifetime. Legal name changes
and other exceptions do not count toward these limits. For example, changes in immigration status that require
card updates may not count toward these limits. Also, you may not be affected by these limits if you can prove
you need the card to prevent a significant hardship.11

9. How can I get an original Social Security card?
If you have never been issued a Social Security number, you need an original Social Security card. Getting acompletely new Social Security number as an adult can be a difficult process, and you may want to consult withan attorney. However, some general information is provided in this section.
To get an original card, you will need to provide the SSA with a number of documents proving your identity,age, and citizenship or immigration status. You must provide original documents or copies certified by theagency that issued them. Depending on your situation, you may need to provide additional documents as well(see below for more details). The SSA cannot accept photocopies or notarized copies. All documents must be
current (not expired). The SSA also cannot accept a receipt showing you applied for the document you areusing to prove your identity, age, or citizenship—they will need to see the original document. Note that the
SSA may use one document for two purposes; for example, they may use your U.S. passport as proof of both
citizenship and identity. However, you must provide at least two separate documents.
You will also need to fill out the Application for a Social Security card (available at www.ssa.gov/forms/ss-5.
pdf) and bring or mail it, along with any required documents, to your local Social Security office. You can findyour local Social Security office by visiting https://secure.ssa.gov/ICON/main.jsp.
The chart below summarizes the documents you can use to prove your identity, age, and citizenship dependingon your personal circumstances.

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Documents to prove your identity, age, and citizenship or immigration status:
If you are…

Proof of identity

Proof of age

Proof of citizenship/
immigration status

An adult who
was born in the
United States

Preferred documents:

Required (if available):• State-issued driver’s license• State-issued non-driver ID card
• U.S. Passport• Birth certificate (certified copy)

Required(one of the following):

If you don’t have those:• Employee identification card
• School identification card
• Health insurance card (notMedicare)• U.S. military identification card

A U.S. citizenborn in anothercountry

Required (if available):• State-issued driver’s license• State-issued non-driver ID card
• U.S. Passport• Foreign birth certificate (if itexists)• Employee identification card
• School identification card
• Health insurance card (notMedicare)• U.S. military identification card

You must show a current
DHS document. Acceptable
documents include:• I-551 Permanent Resident Card
• I-94 Arrival/Departure Record
with unexpired foreign passport oradmission stamp in the unexpired
foreign passport• I-766 Employment Authorization
Document, (EAD, work permit)
from DHS• Birth certificate (certified copy)• U.S. Passport• Religious record made before
age 5 showing your birth date
• U.S. hospital record of yourbirth
• U.S. Passport

Preferred documents:

If you don’t have those:

A noncitizen who
is authorized
to work in the
United States

Preferred documents (ifyou don’t have a birthcertificate):

Preferred documents(if you don’t have yourforeign birth certificate):• Passport• Document issued by the
Department of Homeland
Security showing your age

Required (if available):• Foreign birth certificate (if you
can get it within 10 days)
If you cannot get your foreign
birth certificate within 10 days,
you may prove your age withyour passport or a document
issued by DHS.

Required(one of the following):• U.S. Passport• Certificate of Naturalization(N-550/N-570)• Certificate of Citizenship(N-560/N-561)• Certificate of Report of Birth(DS-1350)• Consular Report of Birth Abroad(FS-240, CRBA)

You must show yourcurrent U.S. immigration
document, such as:• Form I-551 (Lawful Permanent
Resident Card, Machine Readable
Immigrant Visa) with yourunexpired foreign passport• I-766 (Employment Authorization
Document, EAD, work permit• I-94 (Arrival/Departure Record)or admission stamp in theunexpired foreign passport

In addition to proving your age, identity, and citizenship or immigration status, everyone over the age of 12 who
is getting an original card must appear in person for an interview. The SSA will ask for evidence to prove thatyou have never had a Social Security number. Here are examples of documents you can use to prove a Social
Security number was never assigned:•

If you have lived in the United States and you are applying for an original Social Security number, the SSA
may ask you for information about the schools you attended or to provide copies of tax records that would
show you were never assigned a Social Security number.

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If you lived outside the United States for an extended period, a current or previous U.S. Passport, school
and/or employment records, and any other record that would show long-term residence outside the UnitedStates could be used to show you do not have a Social Security number.

Once you have successfully completed all of the requirements, your card will be sent to you in the mail. You
should receive it within 10-14 business days from the date your application is processed.

10. I changed my name. Do I need a new Social Security card?
If you legally change your name because of marriage, divorce, court order or any other reason, you need to tellSocial Security so that you can get a corrected card. If you don’t correct your card, it can impact your future
Social Security benefits or cause delays in your taxes.
Assuming you have had a Social Security card before, the process for getting a corrected card is roughly thesame as the process for getting a replacement card (see section 8 for information about getting a replacementcard). In addition to providing the other required documents, you will need to provide proof of your legal namechange. Here are some documents the SSA may accept as proof of your new name:•

Marriage license;•

Divorce decree;•

Certificate of naturalization showing your new name; or•

Court order approving your name change.

If the document you provide as evidence of a legal name change does not give the SSA enough information to
identify you in their records or if you changed your name more than two years ago (four years ago if you are
under 18 years of age), you must show the SSA an identity document in your prior name. The SSA will accept an
identity document in your old name that has expired.
If you do not have an identity document in your prior name, the SSA may accept an unexpired identity document
in your new name, as long as the SSA can properly establish your identity in its records.

U.S. Passport
11. What is a U.S. Passport? Why might I want one?
A U.S. Passport is a book or card that is issued by the U.S. government. U.S. Passports may only be issued to
U.S. citizens or nationals. A U.S. Passport is a valuable and highly credible identifying document, and is valid formany years without expiring. The bullet points below summarize some of the benefits of owning a valid U.S.
Passport:•

Identification: A U.S. Passport can be used as one of the most reliable forms of identification. A U.S.
passport is issued by the U.S. government and is virtually impossible to forge. This makes having a U.S.
Passport a very valuable form of identification.

•

Proof of Citizenship: A Passport is proof of citizenship. If you find yourself in a position where yourcitizenship is called into question, you will be able to show your Passport, which will eliminate further
confusion regarding your citizenship status.

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Travel: All American citizens traveling outside of the United States must possess a valid U.S. Passport. The
Passport is required for both departure from and re-entry to the United States.

All of this said, Passports can be difficult and expensive to get, especially if you have a criminal record (moreon this below). Passports are absolutely required for almost all international travel, but if you are living andworking within the United States, other forms of identification, such as your state-issued driver’s license or ID
card, are usually sufficient to prove your identity. Many people do not have a Passport, and only get one when
they know they are planning to travel outside the country. For this reason, getting a Passport should probably
not be your first priority when you are released.
If you decide you want a Passport, and you either haven’t had a U.S. Passport before or your most recent
Passport was issued a long time ago or has been lost, you will probably need to apply in person. You can findmore details on the application process by visiting: https://travel.state.gov/content/passports/en/passports/
applyinperson.html. Note that the process of applying for a Passport is complicated and you will need toprovide a lot of supporting documentation to prove your identity and that you are a U.S. citizen. There are also
some restrictions that may apply to you depending on your criminal history or other circumstances, which are
outlined in the bullet points below:•

Felony convictions. If you have been convicted of a felony, you may apply for a U.S. Passport, but yourapplication may be denied if you have been convicted of certain drug-related felonies or misdemeanors.
For instance, federal law disqualifies convicted international drug traffickers from obtaining a Passport
during their incarceration and subsequent parole or community supervision. Additionally, if you alreadyhave a Passport and are convicted of one of these crimes, your existing Passport may be revoked;12•

Unpaid child support. If you owe more than $2,500 in unpaid child support, you will not be eligible for a
Passport. You will become eligible again when you pay down your child support debt;13 and•Travel restrictions. The State Department may deny your application for a Passport if you are barred fromleaving the United States, either by court order or a condition of your probation or parole.14

Resources
Getting your birth certificate:•

To order your birth certificate or other vital records online, visit VitalChek at www.vitalchek.com/.

•

The National Center for Health Statistics provides contact information for every state’s vital record’s office,along with fee amounts and other information for each state. Visit www.cdc.gov/nchs/w2w/index.htm.

Getting your state ID card:•

To find a Department of Licensing (DOL) office near you, visit https://fortress.wa.gov/dol/dolprod/
dsdoffices/ and click or select your city.

•

Visit www.dol.wa.gov/driverslicense/idproof.html for information on what documents you need to get yourstate ID card.

•

To renew your ID card, use the online tool available at https://fortress.wa.gov/dol/olr/.

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Getting your Social Security card:•

The application for a Social Security card is available at www.ssa.gov/forms/ss-5fs.pdf.

Glossary
Birth Certificate: A certificate issued by the state you were born in showing your date of birth and parents’names. A birth certificate can usually be used as proof of age and citizenship.
Social Security Card: Wallet-sized piece of paper containing unique nine-digit number assigned by theSocial Security Administration and provided to every United States citizen, permanent resident, or temporary
working resident. Helps the Social Security Administration maintain an accurate record of your wages or selfemployment earnings that are covered under the Social Security Act, and to monitor your record once you
start getting Social Security benefits.
U.S. Passport: A small booklet issued by the U.S. government that enables you to travel outside of thecountry. A Passport is a very strong form of identification, but since it is expensive and difficult to get, isprobably not necessary for most people.
Washington State ID Card: A card issued by the Department of Licensing that proves your identity. A State ID
card does not authorize you to drive a car.
_______________________________
1
2
3
4
5
6
7
8
9
10
11
12
13
14

RCW 42.56, Public Records Act, http://apps.leg.wa.gov/rcw/default.aspx?cite=42.56 (last visited Nov. 1, 2017).
Driver’s license/Washington State Identification cards for Offenders, Doc. Policy No. 380.550, Attachment 1, Washington State
Department of Corrections, www.doc.wa.gov/information/policies/default.aspx?show=300 (last visited Nov. 1, 2017).
Id.
Id.
Driver licensing fees, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/fees.html.
Driver’s license/Washington State Identification cards for Offenders, Doc. Policy No. 380.550, Attachment 1, Washington State
Department of Corrections, www.doc.wa.gov/information/policies/default.aspx?show=300.
Get your WA identification card, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/gettingidcard.html.
Renew your ID card, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/renewidcard.html.
Id.
Reentry Myth Buster! On Getting a Replacement Social Security Card, Federal Interagency Reentry Council, https://csgjusticecenter.
org/wp-content/uploads/2013/06/Social-Security-Card.pdf.
So You’ve Lost Your Social Security Card, Social Security Matters, Social Security Administration, https://blog.ssa.gov/so-youve-lostyour-social-security-card/.
22 U.S. § 2714.
Child Support Payments and Getting a U.S. Passport, U.S. Department of State, Bureau of Consular Affairs, U.S. Passports &International Travel,, https://travel.state.gov/content/passports/en/passports/information/legal-matters/child-support.html (lastvisited Nov. 1, 2017).
22 C.F.R. § 51.60(b)(2).

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Voices of Reentry: Clinton

Clinton spent over seven years in prison in Oregon. Upon his release, hebegan to pursue his educational goals and before long was working two
jobs and taking college classes full-time.
On getting out of prison: I didn’t have a lot of anxiety about getting out. I was really looking forward to gettingout, just so that I could have a second chance. That was what was fueling and motivating me. Now you get an
opportunity, a second chance, because now there’s guys who are in there who are never getting out. I saw guys
close to getting out who did stuff to give them more time because they didn’t want to get out. They were saying
it, but they didn’t want to. Me, I was ready to go, and when my time came I was excited.
On prison: For the most part, people in prison are there for petty crimes, like peddling drugs, and they weren’teven major drug dealers. Drug addicts stealing to support their habits, women prostituting their bodies for
drugs and then they get put in prison for four years, and I think, “Wouldn’t it have been better to have gotten
her some help, some treatment?” They say “correctional institution”; I say, where’s the correction? It’s just
warehousing them, they’re not learning any skills, they’re not learning how to become a productive memberof society, and most people just sit around all day and play cards and work out and watch TV. There’s nothing
stimulating the mind or encouraging people.
On realizing he was free: I walked out of the parole office, and I’m standing in downtown Portland, there’s a lotof stuff going on there, and I thought, “You can go anywhere you want to go. You can do anything you want to
do right now.” And for a couple minutes I just kinda started hyperventilating a little, because it hit me: you’re
free. So now what’s next? That was the first time I had a moment… I wasn’t scared or anything, but I thought,“Oh my god, I’m actually out! I’m not behind the fence anymore.”197

On the first few months after release: Those first thirty to sixty days are crucial. The first thirty days, mostpeople are just in a state of euphoria; they’re happy to be out, they’re all excited, they’ve got all this energy. But
when you’ve been out a couple months, if you don’t have that support system, most people will start to go backto their old ways and old habits.
On his plan to get an education: My plan was to get out and stay out. I did make up my mind to go to school,
because I realized that a high school diploma and five years in the military wasn’t going to be enough. I also
wanted to go to school because I took a couple college courses while I was locked up and I started thinking,“College isn’t so intimidating.” I made up in my mind if I didn’t do anything else, I was going to go to school andget a degree, and that’s what I did.
On what he’d tell someone just about to leave prison: I’d tell somebody, “Go to school, but have a plan on what
you’re going to do.” You may not have that plan when you get out, but you can sit down with your advisor andmap it out. Also, start thinking about the kinds of people that you want in your life. I wanted to surround myself
with good people, people who would be positive and upbeat and not people who’d be trying to drag me backinto doing crime. And have some patience. You’re going to have good days and bad days, and a lot of people
are going to tell you “no,” whether it’s “no” for an apartment, “no” for a job, “no” for some family members, they
don’t want you around. But for every “no,” use that as fuel so when you get that “yes” it’s rewarding because
you worked your butt off for that.
Clinton now lives with his wife and family in Seattle. He recently earned his master’s degree and works withprisoners to help them develop they skills they will need post-release.

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Chapter 11: Legal Financial Obligations

Important Note:
In March 2018, a statewide LFO reform law was passed containing the following
important changes:•

Clarifying “willful failure to pay.” As noted below, while you can be jailed for “willfully failing topay” your LFOs (meaning that you could have paid but refused to), you cannot be jailed for being
unable to pay them. Under the new law, a person who is homeless or mentally ill cannot be foundto have willfully failed to pay.

•

Relief for indigent defendants. Under the new law, judges will not be able to impose certain costs
and fees on defendants who are below a certain income threshold.

•

Reducing the number of mandatory LFOs. Many LFOs that were previously mandatory are now
discretionary, meaning that the court can decide not to impose them if the defendant is below acertain income threshold.

•Eliminating interest. Under the new law, non-restitution LFOs (i.e. fees, fines, and costs) do notaccumulate interest. If you already have non-restitution LFOs, they will stop accruing interest on
June 7, 2018, and when you are released from total confinement you will be able to petition a judge
to have any remaining interest waived.

•

Substituting community service. Courts now have the option to convert some LFOs to community
service if the defendant is too poor to pay.

Since the law is so new, some portions of this chapter may soon be outdated. That said, if you are
currently incarcerated, these changes likely will not impact you much until you are released. The most
up-to-date version of this chapter will be available online at wareentryguide.org.

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The Bottom Line:•

Legal financial obligations (“LFOs”) are court-ordered debts you incur as part of your sentence, in addition
to prison or jail time. Some of your LFOs will accumulate interest while you are incarcerated, and you willprobably owe money on them when you are released. You will be required to make monthly payments on
your LFOs at the county clerk's office in the county where you were convicted, and the process for making
payments may differ based on your county. See section 4 for more information.

•

Deliberately failing to make payments on your LFOs, meaning that you could have paid them but chose
not to, could result in jail time. Additionally, if you are on probation or parole, deliberate nonpayment of
your LFO debt is a violation, and could hurt your ability to access public benefit programs that you may
need. Additionally, your wages could be garnished if your LFO bill is unpaid for a month or more. See
section 20 for more information about garnishment and what to do if your wages are garnished.

•

If you cannot pay the full amount of your monthly LFO bill, contact your community corrections officer(if you are under supervision) or county clerk's office (if you are not under supervision) to explain yoursituation and request a payment plan. You will likely need to explain your financial situation and provide
documentation to support your claim that you cannot pay. Note that you can only be jailed for failing to
pay your LFOs if the court finds that you could have paid, but did not; you cannot be jailed for failing to pay
because you cannot afford it. If the court finds that you are homeless or mentally ill, you cannot be jailed
for failing to pay.

•

Additionally, you may petition the court to waive the interest on your LFOs if you show that the accumulationof interest creates a significant hardship for you or your family. Waiving interest can significantly reduce thetotal amount you owe on your LFOs. See section 21 for more information.

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LEGAL FINANCIAL OBLIGATIONSIntroduction
Legal financial obligations are debts related to a criminal conviction. They consist of the fines, fees, costs,
assessments and restitution imposed by the court as part of a criminal sentence. Most people convicted in a
Washington superior court are ordered to pay LFOs at sentencing. The average amount of LFOs imposed in a
felony case is $2,540. The information that follows will assist you in dealing with any LFOs that may apply toyour sentence, including how to find more information about paying your LFO debts and what may happen if
you don’t pay those LFO debts.

Background Information
1. What are Legal Financial Obligations?
When you are convicted or plead guilty to a criminal violation, in addition to sentencing you to time in jail or
prison, the court may also order you to pay money. For example, if you are convicted of a felony in Washington
Superior Court, you must pay a $500 Victim Penalty Assessment,1 a $100 DNA Database Fee2 and a $200
criminal filing fee.3 Money penalties are often called “fines,” “costs and fees,” or “restitution.” Fines, costs andfees, and restitution are often grouped together and called “Legal Financial Obligations.”4 We will use the term
“LFOs” to refer to those things in this chapter.
LFOs can come from misdemeanors or felony convictions. Because LFOs are a part of the sentence, they mustbe paid on time. If you don’t pay LFOs on time, you could be assessed additional penalties.5

2. What are the differences between fines, fees and restitution? Do they have different rules?
Fines, fees and restitution are all types of LFOs, but there are some differences.
•Fines: The court may make you pay a fine as a type of punishment.6 For example, if you are convicted of aClass A felony, the court could order you to pay a $50,000 fine.7 Fines imposed as a part of a sentence arepaid to the county clerk.8•

Costs and Fees: The court makes you pay costs and fees to make up for costs from your legal proceedings.9
The court may do this if it determines that you have the ability to pay these costs and fees. Most costs andfees are paid to the county clerk, but cost assessments for supervision, parole, and probation go insteadto the Department of Corrections.10 The County Clerk may assess up to $100 per year for the costs ofcollecting LFOs.11
Some fines and fees are considered “mandatory”. This means that a court must order you to pay themregardless of your financial circumstances. However, if you lack the ability to pay them, the court may
suspend the fines and fees or waive them. All costs are “discretionary”, meaning that the court will only
order you to pay them if it determines you have the financial ability. The court may waive these costs at any
later time if you do not have enough money to pay them.12
A bill for costs and fees may be sent directly to your home mailing address. The bill will be for all of the LFOs
that you owe, separated by cause number.13 That bill will include information about how and where to makepayments.14 It is important to update your mailing address with the county clerk for each county in which201

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you have been convicted of a crime and owe a related LFO (otherwise you might not receive those bills).
Note that the bill might come from a collection agency.
•

Restitution. Restitution is compensation for the victim of a crime,15 and so restitution payments are paid
through the county clerk and county treasurer to the victim or the victim’s family.16 The amount of restitution
is often set at a hearing that takes place after trial.17 At that hearing, a judge will determine the restitution
amount owed to the victim of the crime.18 Not every person will be ordered to pay restitution.19

The rules for fines and costs and fees are largely the same, as those LFOs are usually paid directly to the county
clerk.20 The rules for restitution may be different because restitution sometimes goes to a private citizen insteadof the state.21 For example, restitution carries a 12% interest rate, while other LFOs (fines/costs and fees) do
not accumulate interest.22 The state might still be the recipient of restitution if the money goes to the crime
victims’ compensation fund or other state fund.23 Ask your county clerk’s office about the specific processes forpayment of your LFOs.

3. What are some examples of common types of LFOs?
Here are some common examples of LFOs by type. Note that these are just examples; you may be required to
pay all, some or none of these depending on your specific conviction and sentence.
Example Fines:•

Victim Penalty Assessment. While not technically a fine, this is a mandatory payment that comes with any
Washington Superior Court conviction. For adults, any conviction for a felony or gross misdemeanor comeswith a $500 Victim Penalty Assessment. Misdemeanor convictions generally get a $250 Victim Penalty
Assessment.24 As with other fines, these are paid directly to the county clerk. The Assessment cannot be
waived, modified or converted.25•

VUCSA Penalties for Drug Offenses. A conviction for a Violation of the Uniform Controlled Substance Act(or “VUCSA”) often requires a $1,000 fine.26 Repeat offenders may receive larger fines, such as $2,000 per
offense.27 This fine can be waived upon a finding of indigence.28

Example Costs and Fees:•

DNA Database Fee. For felony convictions and many misdemeanors, there is a mandatory $100 fee for
DNA collection. This is paid directly to the county clerk.29•

Various Court Costs. A court is allowed to require convicted defendants to pay the costs of the court
process.30 The court may only require such payment if it decides that the convicted defendant has thecurrent and future ability to pay. Washington Court General Rule 34 has standards that the court will use todetermine if you can pay. If you can show that you are receiving needs-based government benefits (TANF,
SSI, poverty-related veteran’s benefits, food stamps, etc.), that your household income is at or below 125%of the federal poverty guidelines (use the calculator located here to determine your percentage: www.
safetyweb.org/fpl.php), that your household income is above 125% of the federal poverty guidelines but
you have recurring basic living expenses that make it impossible to pay or that there are other compelling
circumstances that make it impossible to pay, you will not have to pay fees and/or surcharges.31 If you
receive discretionary costs, you can ask the court to waive these costs at a later time.32•

Cost of Incarceration. If the court determines you have the present ability to pay for the cost of being inprison, then the court may require that you pay $50 per day.33 If you are ordered to pay costs of incarceration

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for a gross misdemeanor or misdemeanor offense, you may be required to pay either the actual cost ofincarceration or $100 a day, whichever is lower.34

4. How does the county in which I’m convicted affect how my LFOs are handled?
LFOs differ from county to county, so it’s important to understand the rules in the country where you wereconvicted. For example, some county clerk’s offices impose a collection fee of $100 per year, which will often
be collected before applying to the LFOs, including restitution.35 Others will waive the collection fee if you are
low income.36 Additionally, if your account is turned over to a collection agency, you may incur court costs alongwith additional monthly fees and surcharges.37
You can find some of the information about your specific county clerk on the county’s website. You can also callthe county clerk’s office. Here are some of the questions you may wish to ask:•

How soon after release do I have to report to the county clerk’s office to begin making payments?

•

What documents must I bring to the county clerk to establish my monthly payment schedule?

•

What payment options are available (cash, mailed money orders, online payments with credit, etc.)?

•

Who is the contact at the clerk’s office to discuss LFOs? (Some counties have individuals or entire
departments that are dedicated to LFO collection.)

Other questions may be more difficult to answer, and the county clerk’s office may not provide the information
you want. You may need to seek information from community organizations or other advocates (like a reentrygroup). Here are examples of questions that are more difficult to answer:•

How does the county handle missed payments? (Some counties may ask a judge to summon you to court
and request an arrest warrant if you do not appear. Other counties may not be so harsh.)•

Does the county regularly seek wage or bank account garnishment for LFO payments? (“Garnished” means
the county makes your employer take out part of your paycheck and give it straight to the county for
payment on your LFO debts). There are also other garnishment-like processes specific to LFOs that can beused to seize wages and property to pay for them. See Section 20 below for more information.

•

Who collects the LFO payments in your jurisdiction? Some LFO collectors may be less harsh than others
and may treat released individuals differently than other LFO collectors. It is worth knowing who will becollecting your LFO payments so that you can decide the best approach to payment.

Information concerning LFO Offices in Washington’s largest counties:•

King County: In King County, LFOs are collected by the LFO “collection program” (website available atwww.kingcounty.gov/courts/clerk/programs/LFO.aspx). King County LFOs can be paid by visiting the
Clerk’s office in person (locations in King County Courthouse in Seattle, room C-607, and at the Maleng
Regional Justice Center in Kent, room 2231), or by mail at the following address:»» King County Superior Court Clerk
ATTN: Cashiers
516 3rd. Ave, Room E-609
Seattle, WA 98104

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Pierce County: The Clerk’s Office for Pierce County maintains a website at www.co.pierce.wa.us/index.
aspx?nid=95. You can visit or call the Pierce County Clerk’s Office with the following information:»» County-City Building
930 Tacoma Ave. S.
Room 110Tacoma, WA 98402(253) 798-7455•

Snohomish County: Snohomish County maintains a website which includes information on making
payments to the Superior Court at http://snohomishcountywa.gov/Faq.aspx?QID=92. Criminal defendants
can pay online or by phone (1-800-701-8560), or by mailing a cashier’s check/money order to, or by visitingin person, the following address:»» 3000 Rockefeller Avenue
2nd Floor, Mission Building
Everett, WA 98201•

Spokane County: Spokane County Clerk’s Office also provides a specific webpage concerning LFOs
(available at www.spokanecounty.org/2122/Legal-Financial-Obligations-Fines-Restit). Spokane County
LFOs can be paid in person or through the mail. Those with questions can contact Spokane County’s
Finance Department at 509-477-3688.

•

Clark County: Clark County is one of the counties that charges a collection fee of $100 per year for LFOs.
LFOs in Clark County can be paid in person, by mail, or online (website available at www.clark.wa.gov/clerk/
superior-court-clerks-collections-unit).

•

Thurston County: In Thurston County, LFOs can be paid by mail or in person (website available at www.
co.thurston.wa.us/clerk/lfo.html). The Thurston County Clerk’s Collections Officer may be reached Monday
through Friday, from 8:00am until 5:00pm, at 2000 Lakeridge Drive SW, Bldg. 2, Olympia, Washington
98502, or by phone at (360) 786-5591.

If you do not live in one of the counties listed above, the best way to obtain specific information will be online.
You should perform a Google search with the following terms: “LFO payments in [BLANK] County Washington.”
Such a search will likely lead you to the relevant Clerk’s office for more information.

5. What are the consequences of not paying LFOs?
You can get in trouble for not paying LFOs. In the worst case, if the court decides you could have paid but
deliberately chose not to (in other words, you intentionally failed to pay), you may face jail time.38 If that
happens, depending on where the LFOs were imposed, you may be ordered to serve up to 60 days in the
county jail or “sit out” your LFOs, meaning that your time served may be credited toward the LFO debts.39 The
judge, county commissioners or others will decide how much credit you get for the time you serve.40 Note that
if the court finds that you are homeless or mentally ill, you will not face these penalties.
Other bad things can happen to you if you don’t pay your LFO debts, even if you don’t get sent to jail. You
could lose benefits like food assistance or housing. The interest on the unpaid LFOs will also keep running up,
meaning that you end up owing even more.

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6. Does non-payment affect my eligibility for benefits?
If you are on probation or parole, purposeful non-payment of an LFO debt is a violation. A parole or probation
violation will hurt your ability to access a number of benefit programs. For example, non-payment of an LFO
debt may stop you from getting cash assistance and food assistance, such as Temporary Assistance for Needy
Families (TANF), State Family Assistance (SFA), Pregnant Women Assistance (PWA), Aged, Blind, or Disabled(ABD) cash, referral to the Housing and Essential Needs (HEN) program, or Basic Food Benefits.41 Additionally,
the Department of Veterans Affairs will take away veteran benefits for probation or parole violations, such as
non-payment of an LFO debt.42 If you fail to pay an LFO debt, you may even be removed from your federallyfunded housing program.43

7. Does non-payment affect my credit rating?
Judgments are a matter of public record and are sometimes reported on credit reports under the “judgments”
section. Generally those judgments will remain on your credit report for up to seven years.44 However, judgments
related to LFOs (or the failure to pay LFOs) can remain on credit reports for up to ten years after the judgment
is entered, or ten years after release from prison.45 The various credit bureaus identify such judgments when
deciding your credit ratings and scores.

8. What happens to my LFOs while I am incarcerated? Do they accrue interest?
Inmates begin paying LFO debts while in prison and sometimes in jail, and the Department of Corrections
handles those payments. While an inmate remains in custody, LFOs are paid through automatic 20 percent
deductions from most of the deposits placed into an inmate trust account.46
As of June 7, 2018, non-restitution LFOs (i.e. fines, fees, and costs) do not accumulate interest.47 If you wereconvicted before June 7, after you are released you can petition the court to waive any interest that accrued on
non-restitution LFOs before that date. Note that you cannot request to have your interest waived until you are
no longer incarcerated.48
Restitution LFOs carry an interest rate of 12% per year starting from the date of judgment on the conviction forwhich the LFOs were imposed.49 This means that interest on your restitution LFOs begins running from the time
you are sentenced. While you remain in prison, that interest keeps racking up. The interest is simple, meaningthat it is added once each year (as opposed to every day, week, or month). That interest will be added to an LFO
both while you are in prison and after release, and will not stop being added until the LFO debt is completely
paid. LFOs imposed in courts of limited jurisdiction do not accrue interest until the account is turned over forcollection, which can occur quickly if you do not pay off the debt in a short period of time or enter into a time
payment agreement.50
Paying off an LFO debt is often a condition of parole or probation. Again, the failure to pay an LFO debt may
result in a parole or probation violation, which may cause further time in jail. Some LFOs will be paid to the
Department of Corrections, while others will be paid to the county clerk of the county of conviction.

9. How can LFOs affect child support payments?
Your obligation to pay your LFOs does not get you off the hook for child support payments. And you should
keep in mind that failing to pay child support can lead to other serious penalties or prison time, unrelated to andin addition to your LFO obligations. However, you may be able to prevent your paycheck from being garnished,at least for the part of your paycheck that is going to child support. See Section 20 for more information.

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Pre-release: Gathering information about LFO debts
10. What information do I already have about my LFOs?
Before release from prison or jail, it is recommended that you get information to help pay your LFO debts. It is
important to discover the following as soon as possible:•

How much do you owe?

•

To whom do you owe LFO debts?

•

Which county clerk’s office will be handling your LFO payments?

Contact the county clerk’s office for information about a payment plan. You should also write down a detailed
list of your expected monthly income and bills. Because LFO debts are an additional payment each month,planning a budget that includes those payments is very important.

11. How do I find out how much I owe?
After you are released from prison, you should receive a bill in the mail detailing how much you owe in LFO
debts. It will be sent to the most recent address on file, so if your address has changed, you will need to contact
the county clerk to update your address. Often, you will stop receiving bills in the mail due to the low budgetsof most county clerk offices, but you can contact the county clerk and tell them to start again. This is also an
opportunity to ask the county clerk to lower your monthly payments.51 If you no longer have a bill, or do notreceive one, you must contact the county clerk’s office for the county in which you were sentenced to findout how much you owe. The county clerk can give you a printout of the bill to keep.52 You can also request an
accounting of your LFOs, also known as a “case financial history”. The clerk’s office will charge a fee for the
printout for this information.53

12. To whom do I owe my LFOs?
As explained above, LFOs are paid to the Department of Corrections or the county clerk for the county ofconviction. When you are released from confinement with the Department of Corrections, but are still incommunity custody or supervision, the Department of Corrections remains responsible for collecting LFOs.
Once you are no longer incarcerated by the Department of Corrections and are not under community custodyor supervision, the county clerk’s office of the county in which you were sentenced is in charge of collecting
LFO debts.
Fines imposed as a part of a sentence are paid to the county clerk, the Department of Corrections or a collection
agency.54 Most costs and fees are paid to the county clerk, but cost assessments related to supervision, parole,and probation are instead paid to the Department of Corrections.55 Restitution payments are paid through thecounty clerk and county treasurer to the victim or the victim’s family.56

13. Which Clerk’s office do I contact?
You should contact the clerk’s office for the county or municipality in which you were convicted for information
about your LFO debts. See Section 4 above for contact information for the largest county clerk’s offices.

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Paying LFOs after Release
14. What are the Guidelines for Payment?
Upon release, an LFO payment schedule will be set by one of two entities depending on whether you are incustody or not. If you are on parole after release or have been placed in community custody, your payment
schedule will be set by a community corrections officer and the Department of Corrections will continue tooversee LFO payments as a condition of that probation or parole. After leaving the custody of the Departmentof Corrections (once you are no longer in custody or on probation or parole), your payment schedule is set by
the county clerk for the county of the court of conviction,57 and you are responsible for making LFO payments
to that county clerk’s office. If payments are not made, the county clerk may use a private debt collection
agency to help collect LFO debts.58
You must make LFO payments on a monthly basis. The county clerk may send a monthly or quarterly statement
by U.S. Mail, to your home address, explaining your payment obligations. Because the statement comes by mail,it is very important that the clerk has your current mailing address on file. If you move, or change addresses,
make sure that you provide updated address information to the clerk’s office. You should also contact theclerk’s office after release to confirm that the address on file is correct. You are responsible for making monthly
payments and will need to remember to make them even if you do not receive a statement. If you do not receivea monthly statement, contact the LFO collection service staff to see if they have your current address.
The county clerk can also provide information about any special guidelines that may apply to your LFO payments.
For example, some counties do not accept personal checks (and may only accept cash, credit or debit card,money order, or cashier’s check). If your payment is made by check or money order, be sure to include any
applicable case numbers on your check. Case numbers are available at the following website, searching by casename: http://dw.courts.wa.gov/.

15. How can I get monthly statements of the amount that I owe?
Periodically, the county clerk’s office sends out a billing statement to people who owe LFO debts.59 That is why
it is so important to be sure the county clerk’s office has updated information about your residence. Contact theappropriate county clerk’s office right away if you do not receive a bill.

16. If I cannot pay the full amount, should I pay some?
If you are unable to make a full payment on your LFO, it is important to pay as much as you can in order to show
progress toward discharging your LFO debts. That being said, some counties will not accept anything less than
the amount that is set in the payment schedule and will consider you in violation of your obligation to pay if you
do not pay the full amount.60 Failure to pay can result in further jail time, added costs, and the transfer of yourLFO debt collection to a commercial collection agency. For those reasons, it is important to make every effort
to pay your monthly statement.
If you cannot pay the full amount, contact your community corrections officer (if you are under supervision) or
county clerk’s office (if you are not under supervision) to explain your situation and request a payment plan. Be
prepared to explain your financial status and to provide documents that support your inability to pay. It is best
to reach out early and contact the community corrections officer or county clerk first, rather than defaulting on
your payment, because it will show that you are making a “good faith effort” to pay your LFO.

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17. What should I do if I get a job or new job?
Getting a job after your release should be one of your most important goals. Starting a new job will require you
to report and produce verifying documents and could impact your LFO payments. Upon starting a new job, you
should begin saving complete financial records.
If you are under supervision when you get a new job, you must report that job to the Department of Corrections
so that it can assess whether your LFO payment schedule should be adjusted. If you are not under supervisionat the time you start your job, you must report to the county clerk, again so it can assess whether your LFO
payment schedule should be changed. You will need to provide information concerning your job and yourwages, and supporting documents for verification.61

18. Should I keep ongoing financial records?
Yes. When you do get work, keep documents about your job, including start date and pay stubs. You will needthose documents to give the Department of Corrections information about your new job and your wages forverification. Keep these records up to date at all times.
It is important to maintain financial records so that you modify your LFO payment if the need arises (for example,
if you lose your income).62 It is also important so that you can show that you are making a good faith attempt
to pay your LFO debts. And your financial records will be used to establish how much you will pay during any
period of supervision.63 Financial information is also important so that you can provide evidence of inability to
pay if you are ever brought before the court for failing to pay.64
When the court initially determines your LFO, the judge will ask you to report your present, past, and future
earning abilities, along with the location and nature of all property and other financial assets. To make anaccurate report, it is very important to have your financial records in one place. Also, the court may require you
to show supporting documents before preparing your LFO schedule.65 Finally, you will need these records if you
ever try to reduce or waive the interest on your LFO.

19. What should I do if I lose a job?
If you lose your job, one of the first things you should do is determine whether the loss of the job will makeit difficult or impossible for you to pay your LFO debt. If you will face financial hardship, you should contact
the community corrections officer (if you are under supervision) or county clerk’s office (if you are not under
supervision) to explain your situation and request a payment plan. You should also ask to reduce the interest
on your LFO.

20. If I get a job, will my wages be garnished to pay my LFOs? How can I avoid this?
Garnishment occurs when the court orders a part of your paycheck to be automatically withheld and paid
toward your LFO debt. If your LFO is not paid when due, and one month’s payment or more is owed, you may
be subject to wage-garnishment or other income-withholding. For that reason, it is important to pay your LFOs
on time each month. If your wages are garnished, the maximum amount that can be withheld is 25% of yourpaycheck.66 Your employer can also deduct a portion of your pay for processing the payment toward your LFO
debt ($10.00 for processing the first disbursement and $1.00 for each additional processing after that).67
Garnishment may occur through a civil process or in relation to past-due LFO debts. Typically, a court judgment
is required before your paycheck can be garnished. At the time of your original judgment or sentence, thecourt may order that payroll deduction be issued immediately, or may order that a notice of payroll deduction
may be issued without further notice to you if a monthly court-ordered LFO is not paid when due.68 If this208

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statement is not included in the original judgment and sentence or a subsequent order, then the Departmentof Corrections or county clerk can serve you with a notice by personal service or return receipt mail that suchpayroll deduction may be taken.69
If your wages are garnished, you can fight the garnishment by filing a motion with the court. There are two
primary grounds for contesting your garnishment. The first ground is that the garnishment causes extreme
hardship or is substantially unjust. For example, if garnishment would leave you without enough money tosupport your daily needs, you may be able to demonstrate extreme hardship. The second ground requires twofacts to be true: (1) the court did not issue a notice of payroll deduction at sentencing, and (2) at the time of thegarnishment, you were not 30 days past due on one month’s payment or more.70
If neither circumstance applies, you can still file a motion with the court to remove the garnishment after it has
been in effect for 12 months, but only if there are no past due amounts owing on your LFO debt.71 You will needto provide financial information to show why you have been unable to pay, which is why it is so important tokeep updated financial records.
There are a few exceptions to the rule that a court judgment is required. Your wages can be garnished withouta court judgment for:•

Unpaid income taxes;•

Court ordered child support;•

Child support arrears; and•Defaulted student loans.

While wages may be garnished by an employer in order to satisfy LFO debts, any income from bank-deposited
benefits (such as social security direct deposits or unemployment compensation) may be exempted fromgarnishment.72 In addition, whatever amount of your paycheck is directed toward child support obligations is
also exempt from garnishment. In order to claim exemptions for this income, you will need to fill out a claim
form and file it following the instructions provided on the form.73 Exemption forms for garnishment can befound at www.courts.wa.gov/forms/?fa=forms.contribute&formID=20. The court (or, in the case of restitution,
the victim) may object to your request for exemptions.74 If there is an objection, you will be required to go tocourt and give proof of your exemption claims. It may be helpful to bring any copies or documentation related
to the benefits deposited in your bank account.75 If the judge denies your exemption claim, you will have to
pay court costs.76 If the judge decides that you did not make your exemption claim in good faith, she may also
require you to pay any related attorney’s fees.77
Under Washington law, your employer may not take any adverse action (i.e., discipline, fire, or refuse to hireyou) because of a garnishment.78 A violation of this law by the employer will make the employer liable fordouble your lost wages, any other charges or damages you incur as a result of the adverse action, and any
attorney’s fees you pay in asserting your claim against your employer.79 You do not necessarily need an attorney
to file a claim against your employer for improper garnishment, but you will need to file a lawsuit against youremployer.
There are other ways apart from garnishment that your wages or property may be seized to pay your LFO
obligations. If you are more than 30 days past due on an amount that is equal to or greater than the amountpayable for one month, the DOC, or anyone you owe LFOs to, can seek a mandatory wage assignment. Typically,
you must receive written notice that a wage assignment will be sought, unless the judgment and sentence or
the order for payment says that no notice is required.80 After that, the applicant for the wage assignment andyour employer will enter into an agreement in which the employer holds back up to 25% of your net earnings.81

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Your employer can also deduct a processing fee from your earnings, which cannot be more than $10 for the
first payment that your employer makes to the clerk and cannot be more than $1 for each payment after that.82
A wage assignment order can be ended or changed if you show that the order causes extreme hardship or
substantial injustice or if you make all of your payments for 12 consecutive months and ask the court to stop theorder. In the second case, the DOC or anyone to whom you owe LFOs to can try to show good cause that theorder should stay in place.83
You, or more commonly your employer, may also be subject to an order to withhold and deliver. Put simply,
this is an order by the DOC or the county clerk to hand over property, which can include money, to pay foroutstanding debt. Usually, your employer will be ordered to withhold and deliver part of your paycheck.84
You or your employer can be ordered to withhold and deliver whether or not your judgment and sentence oranother payment agreement says such an order is allowed. If there was such an agreement, you do not have to
be given notice that the order is going to be made. However, the DOC or county clerk must still serve you withthe details of the order.85
If you become subject to an order to withhold and deliver, you must withhold any property that specified in theorder, and you must respond to the order and deliver the property within 20 days after being served.86
If you possess real estate, you may be subject to a lien. A lien is a public notice that “attaches” to your property
and prevents you from selling it or refinancing it until your LFO debt is paid off.87

21. Are there ways for me to reduce the amount owed or the rate of interest?
As indicated above, your non-restitution LFO debts will accrue interest. But interest on your LFO may be
reduced or waived. If you were sentenced before June 7, 2018, you may make a motion to the court after you
are released to waive any interest that accrued on non-restitution LFOs before that date. The interest on therestitution portion of your LFO debt can only be reduced after you have paid off the principal balance.
As an additional tool to reduce the accumulation of interest and satisfy your LFOs as quickly as possible, you
should consider making payments to your LFO greater than the amount due, if possible. Unless your payments
are collected by a collection agency or it is specified differently in a contract, these payments will be applied
towards the original amount that you owe, not towards interest.88. This can be done by telling the clerk of court(either in person or as a part of the payment submission) that you want additional money that you pay to be
directed to the principal debt. You can verify that the process was followed by reviewing the next LFO bill you
receive. With less principal, your LFO debts will accrue less interest over time.
You may also be able to remit, or waive, your non-restitution LFOs if you are able to demonstrate that you are
not able to pay them without substantial hardship to you or your family. Under the 2018 law, and depending on
your jurisdiction, you may also be able to have your unpaid LFO debt converted to community service hours.89
Note that as of June 7, 2018, you can no longer petition the court for remission of your LFOs until you arereleased from total confinement.90

22. Can I go to jail for failing to pay my LFOs?
Yes, but only if a court finds you could have paid LFO debts but deliberately did not.91 You cannot be put in jailif the reason you didn’t pay is simply that you don’t have enough money.92 You also cannot be jailed if the court
finds that you are homeless or mentally ill.93

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23. What should I expect if I am summoned to court for non-payment?
You should expect to explain to the court why you were unable to make payments and have documentation(financial records, pay stubs, etc.) to prove it. Before making you pay sanctions for your failure to pay, the court
must first find that you intentionally (or “willfully”) failed to pay.94 Although a court cannot add jail time if yourfailure to pay was due to a lack of money, you must prove your inability to pay first.95

24. How can I prepare for a hearing, and am I entitled to an attorney?
You should prepare for any hearings about non-payment of LFO debts by collecting the relevant information(financial records, payment history, etc.) related to your finances. You will need that information to show you
cannot pay (assuming that is why you failed to pay).
You are entitled to an attorney when facing sanctions for non-payment of LFO debts, and an attorney must be
assigned if you cannot afford to pay for one on your own.96

25. Are there legal clinics or other resources that can help me?
The ACLU, the Northwest Justice Project, Columbia Legal Service’s Reentry Clinic and Seattle University Schoolof Law’s Access to Justice Institute have all created helpful guides for understanding and paying LFO debts inWashington. Those organizations would be very helpful resources, in addition to Appleseed, to assist you. The
documents those groups have created are included in the Resources section below.
You may also call the Northwest Justice Project’s CLEAR hotline at 1-888-201-1014 to speak with an attorney
about your LFOs.
If you live in Walla Walla or Columbia counties, the STAR Project can help you navigate LFO payments and canalso provide the paperwork necessary to represent yourself in a hearing.

26. Will time in jail reduce my fines?
It depends. If you are found in contempt of court and incarcerated for the failure to pay an LFO, the time served
may be credited toward the LFO debts.97 The judge will decide how much credit you get for the time you
serve.98 However, for failing to pay in superior courts, you can be sanctioned to serve up to 60 days in county
jail. You will not get any credit towards your LFOs during this time.99

27. What are Costs of Supervision?
If you are released under DOC Community Custody or Supervision you will be charged for “Costs of Supervision”(COS). COS ranges from $3 –$40 each month, depending upon the offender’s type of sentence (misdemeanoror felony) and risk-level classification. COS is paid directly to the Department of Corrections.
If you have LFOs and COS they will be billed in the same monthly statement. However, there will be two payment
envelopes included in the statement. The blue envelope is for the COS payment. The pink envelope is for the
LFO payment.

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Wrapping up payment of LFOs
28. Once I have sent in the last payment, do I need to take any additional steps?
Once you have made your last payment on your LFO debt, you should get a Certificate of Discharge.100 How
you do that will depend upon when you discharge your debt. If you are still under the custody and supervisionof the Department of Corrections, the Secretary of the Department of Corrections will notify the court, and thecourt will give you a Certificate of Discharge.101
If you are off supervision when you complete your LFO payments, you must provide the court with proof thatyou have completed the LFO requirements, and the county clerk must agree that you have done so.102 Once thecourt receives the clerk’s notice and your proof of completion, the court will provide you with your Certificate
of Discharge. That certificate will be given to you in person or will be mailed to your last known address.

29. What additional legal/civil rights do I have once I have paid off my LFOs?
Under Washington law, once you have paid your LFO debts, completed your sentencing requirements, andgotten a Certificate of Discharge, the remainder of your civil rights are restored, including the right to serve on ajury and to hold public office (your right to vote is restored automatically upon your release and does not requirethat you pay off your LFO debt). But you do not regain your right to possess a firearm. In order to regain theright to possess a firearm, you must petition a court.103 For further discussion on Certificates of Discharge andtheir impact on your rights to vote and serve on a jury, please refer to the chapter on Restoring Your Civil Rights.
Note: If you were convicted of a federal felony, you will not regain your civil rights through this process and may
have to complete other requirements to do so.

30. How long after paying off my LFOs can I have my convictions vacated?
Under state law, whether and when your record can be vacated depends upon the conviction.104 For a class
B crime, your record can be vacated 10 years after the date of the certificate for discharge if you have notcommitted any crime in that period. For a class C crime, your record can be vacated 5 years after the date of
the certificate for discharge if you have not committed any crime in that period.

31. When do LFOs expire?
The court’s jurisdiction to collect LFOs imposed for felony offenses committed before July 1, 2000 expires 10
years from the date of judgment or release from total confinement, whichever is later, unless the court extends
jurisdiction for an additional ten years before the first ten-year period is up.105 If your offense was committed
before July 1, 2000, and your LFO has been in place for more than 10 years, you can request a certificate ofdischarge (though a court may, in its discretion, extend the 10-year period). LFO debts ordered for offenses
committed after July 1, 2000 do not expire and must be paid until changed or completed.

32. How will bankruptcy affect LFO debts?
In general, LFO debts cannot be avoided through bankruptcy. During bankruptcy proceedings, however, LFO
debts should not be collected, billed, or sought. Once the bankruptcy proceedings have ended, collection ofyour LFOs will start again. In other words, while you will not have to make payments on your LFO debts while
in bankruptcy, they will not be discharged and you will have to resume your payments once the bankruptcy
proceedings are over.

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Resources
Documents:•

Questions and Answers about Legal Financial Obligations (LFOs), ACLU of Washington,www.aclu-wa.org/questions-and-answers-about-legal-financial-obligations-lfos•

For misdemeanor convictions: Filing and Motion to Remit (Remove) Legal Financial Obligations inDistrict or Municipal Court: Instructions and Forms, Northwest Justice Project, www.washingtonlawhelp.
org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/8627DE75-4487-42B2-96967DC430B66616/9913en_motion-to-remit-lfo-district-or-municipal-court.pdf•

For felony convictions: Filing and Motion to Remit (Remove) Legal Financial Obligations in District
or Superior Court: Instructions and Forms, Northwest Justice Project, www.washingtonlawhelp.org/
resource/filing-a-motion-to-remit-remove-financial-legal-obligations-in-superior-court-1?ref=lx68h•

Legal Financial Obligations (LFOs): Understanding How LFOs Work, Access to Justice Institute,
Seattle University School of Law, www.washingtonlawhelp.org/files/C9D2EA3F-0350-D9AF-ACAEBF37E9BC9FFA/attachments/391CF18C-CE76-A252-E7CA-E57F02225472/472551SULFOBrochure.pdf

Other resources:•

A directory of the Washington State courts (with the contact information for each county clerk office) isavailable on the court’s website at www.courts.wa.gov. Contact the office of the county clerk for the courtthat set your LFO if you have not received your monthly LFO statement or if you have a change of addressor have questions concerning the monthly statement.

•

Columbia Legal Services (CLS) has a Reentry Clinic that provides counsel and referrals to people with LFOs.
You can contact CLS at 206-287-8625 to schedule an appointment with an attorney to learn more about
your LFOs and potential options for relief.

Glossary
Administrative Office of the Courts (AOC): A department of the Washington State Supreme Court thatserves as a central repository for all LFO information. The AOC sends out monthly LFO billing statements
based on information received from county clerks’ offices, and sends a monthly report to DOC documenting
LFO payments and deductions received from offenders in DOC facilities.
Certificate of Discharge (COD): Document issued by the court once a person has completed all therequirements of his/her sentence, including payment of LFOs. A COD is needed to vacate a criminal
conviction.
Certified Copy of Documents: A certified copy of a document has been signed by a notary to demonstratethat the copy is a “true copy” of the original document.
Community Corrections Officer (CCO): DOC employee who supervises offenders released from confinement
under DOC community custody or supervision. CCOs monitor the status of LFO payments for those offenders
and act as liaisons between those offenders and DOC regarding Costs of Supervision (COS) and LFOs.
Cost of Incarceration (COI/ COIS): Deduction of funds deposited into an offender’s trust account that goes
toward the cost of providing an inmate with shelter, food, clothing, transportation, supervision, and other213

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services and supplies as may be necessary for the maintenance and support of the inmate while in thecustody of the department. Separate from LFOs.
Cost of Supervision (COS): Rate that is assessed by DOC for offenders who are released under DOC
community custody or supervision. The assessed rate ranges from $3 –$40 each month, depending upon theoffender’s type of sentence (misdemeanor or felony) and risk-level classification. Separate from LFOs.
Crime Victims’ Compensation (CVC/CVCS): Deduction from funds deposited into Offender Trust Accountthat is sent to the to Washington Department of Labor and Industries to provide benefits to crime victims
through the crime victims’ compensation program. Separate from LFOs.
County Clerk: Elected official who is clerk of the Superior Court of the county. The County Clerk is responsible
for the collection of LFOs for individuals not under DOC confinement, custody, or supervision
Division of Child Support (DCS): Division of the Washington Department of Health and Human Services(DSHS) responsible for collection of child support payments.
Fees: LFOs that may be ordered by the court to pay costs incurred as a result of conviction, such as court
costs, defense and prosecution costs, etc.
Fines: LFOs that may be ordered by the court as a penalty for conviction. The ranges are as follows:•

Class A felonies: $0 - 50,000•

Class B felonies: $0 - 20,000•

Class C felonies: $0 - 10,000

Garnishment: A process by which a court tells your employer to take some of the money you have earned
and, instead of paying that money to you in your paycheck, sends that money to those you owe debts(including LFO debts).
Gratuities: Wages earned from correctional industries job while in DOC confinement.
Interest on LFOs: Percentage of the total amount of LFOs owed calculated at the end of each year and added
to your LFO burden. The interest rate for LFOs is currently set at 12%.
Judgment: The final decision by the court after a legal proceeding is concluded; there can be criminal
judgments, civil judgments, and even judgments resulting from the failure to pay LFOs.
Judgment and Sentence: Document signed by the court following a plea or verdict of guilty that confirms theconviction and orders the consequences and penalties of the conviction, which may include LFOs.
Lien: A public notice that is placed on a piece of real estate that prevents it from being sold or refinanced until
the debt that started the lien is paid off.
Mandatory Wage Assignment: An agreement between your employer and the DOC or the county clerk thatthe employer will give some of your paycheck to the DOC or clerk to pay your LFOs.
Miscellaneous Debt (MISCD): Costs for any state-issued items that are lost or damaged.
Order to Withhold: Court order requiring that a portion of a person’s earnings be withheld by an employer forthe payment of debt, including payment of LFOs.

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Restitution: Money that is paid to the victim of a crime in order to compensate them or “pay back” what has
been taken from them. Restitution may be part of your LFO debt.
Trust Account: Account set up and held “in trust” by DOC for each offender in DOC confinement. Deposits into
the account may be subject to deductions for LFOs, Cost of Incarceration, Crime Victims’ Compensation, childsupport, and/or other DOC deductions. Funds in the account, including the Savings sub account, do not earninterest. The balance cannot fall below the indigent standard (as defined in RCW 72.09.015), currently $10.
Victim: Person harmed by a crime, tort, or other wrong. Includes the victim of the offense, the representativeof a crime victim, an individual whose identity was assumed or whose personal information was usedunlawfully, or any person who has suffered a financial loss as a direct result of the acts of the defendant.
Victims Penalty Assessment (VPA): Mandatory fine for all convictions: $500 for a felony; $250 fine for amisdemeanor. Funds collected go toward providing comprehensive services to victims and witnesses of all
types of crime.
Waiver: Court order, with respect to LFOs, under which a court relinquishes its right to collect a specified
amount of money.
_______________________________
1
2
3
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7
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13
14
15
16
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18
19
20
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24
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26
27
28
29
30
31
32

See RCW 7.68.035(1)(a).
See RCW 43.43.7541.
RCW 36.18.020(2)(h)See RCW 9.94A.030(31).
See RCW 9.94.760(10).
RCW 9.94A.030(27). See also RCW 9.94A.030(31).
RCW 9a.20.021
RCW 9.94A.760(11)(b).
See, e.g., RCW 10.01.160.
See RCW 9.94A.760(11)(b).
RCW 9.94A.780(7)Jefferson Coulter, Northwest Justice Project (Aug. 8, 2017)
Nick Allen, Att’y, Columbia Legal Services (Aug. 8, 2017)
See RCW 9.94A.760(11).
RCW 9.94A.030(31).
See RCW 7.68.035(4).
RCW 9.94A.753(1).
See id.
Becky Turner, STAR Project (Aug. 8, 2017)
See RCW 9.94A.760(11)(b).
See RCW 9.94A.753.
See RCW 10.82.090.
Nick Allen, supra
RCW 7.68.035(1)(a).
Nick Allen, supra
RCW 69.50.430(1).
RCW 69.50.430(2).
Nick Allen, supra
RCW 43.43.7541.
RCW 10.01.160(2).
Wash. GR 34
RCW 10.01.160(4)215Chapter 11: Legal Financial Obligations

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34
35
36
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38
39
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41
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43
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85

RCW 9.94A.760(2).
Nick Allen, supra
RCW 36.18.016(29)RCW 9.94A.780(7)RCW 19.16.500
See RCW 10.01.180(3), RCW 9.94B.040.
See id.
See id.
See WAC 388-442-0010(2).
See Federal Benefits for Veterans and Dependents, vii, published by the Department of Veterans Affairs (2008), available at www1.
va.gov/opa/vadocs/current_benefits.asp.
See QHWRA § 512(b); 42 U.S.C. § 1437f(d)(1)(B)(v); 66 Fed. Reg. 28,784 (HUD comments).
See RCW 19.182.040.
See RCW 6.17.020(4).
See RCW 72.09.111.
Laws of 2018, Ch. 269, paragraph 1
Id.
See RCW 10.82.090; 4.56.110(4); 19.52.020.
RCW 3.62.020, 3.62.040
Nick Allen, supra
Becky Turner, supra
Nick Allen, supra
RCW 9.94A.760(11)(b).
See id.
See RCW 7.68.035(4).
See RCW 9.94A.760(7).
See RCW 36.18.190 (authorizing the state to utilize a private debt collection agency in exchange for interest on the LFO debt).
RCW 9.94A.760(11).
Nick Allen, supra
RCW 9.94A.760(7)(a)-(b)RCW 9.94A.760(7).
RCW 9.94A.760(5).
Nick Allen, supra
RCW 9.94A.760(7)(a).
RCW 9.94A.7602(2)(c), RCW 9.94A.7603(1), RCW 6.27.
RCW 9.94A.7604(4).
RCW 9.94A.760(3).
Id.
RCW 9.94A.7605.
Id.
See RCW 6.27.140.
See id.
See id.
See id.
See id.
See id.
RCW 9.94A.7604(8).
Id.
RCW 9.94A.7701
RCW 9.94A.7703
RCW 9.94A.7705
RCW 9.94A.7708
Nick Allen, supra
RCW 9.94A.7606

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86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105

RCW 9.94A.7607
RCW 4.56.190
Nick Allen, supra
Laws of 2018, Ch. 269, paragraph 6
Id.
See RCW 10.01.180(3).
See Bearden v. Georgia, Smith v. Whatcom County
Laws of 2018, Ch. 269, paragraph 8
See Bearden v. Georgia, 461 U.S. 660 (1983).
See Smith v. Whatcom Cnty. Dist. Ct., 147 Wn.2d 98, 112 (Wash. 2002).
Id. at 113.
See RCW 10.01.180(3).
See id.
Nick Allen, supra
RCW 9.94A.637.
RCW 9.94A.637(1)(a).
RCW 9.94A.637(1)(b)(ii).
RCW 9.41.040(4)(a).
RCW 9.94A.640.
State v. Gossage, 163 Wn.2d 1011 (Wash. 2008).

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Voices of Reentry: Dan

Dan was in prison for almost 30 years. After he was released, he struggled tofind a job and weather the discrimination he faced because of his conviction.
On his first week out of prison: It was beautiful, wonderful. My wife and I were taking a walk through theneighborhood, and I’d been out just about a week, and I stopped and picked up a pinecone that was laying on the
sidewalk, and was just touching it, looking at it, and appreciating its beauty and it literally brought me to tears.
I really felt that my life was complete. I was never afraid of dying, but I was always terrified of dying in the joint.
On the difference between imagining and experiencing life outside prison: I found that my experiences after
release were so profound and so beautiful and lightyears beyond what my imagination had the ability to conjure.
That’s what I had to do, conjure, because after you’ve been locked out of the world for ten, fifteen, twenty years,
how well can you remember the house you lived in when you were six? How much different would it be to go
visit that house now and see it, as compared to your imagination of what it was like when you were six?
On the difficulty of getting hired: I’d been searching for two or three months and the position was Director ofOperations for the Salvation Army. I submitted a resume and an application, and it was clear from my applicationthat I was a con, but I got an interview. I couldn’t believe how well the interview went. We were actually talking
about a second interview. I think I was the one who brought it up. I said, “I’m sure you understand that I was inprison for thirty years, but do you know what I was in for?” They said no, so I told them. The head lady said, “Oh,that’s a deal-killer.” The she turned to another guy and said, “Could you get this guy a job in the warehouse?”and he said, “I don’t have any openings right now, but we could probably get him something.” So I waited a few
days, a week, and checked and didn’t get anything definitive, and finally I contacted the lady and asked her, “Youdirected this guy to give me a job, I’d like to know when that’s going to happen,” and she said, “Unfortunately
that’s not going to happen. You know, there’s a building down in California that’s got a whole floor of lawyers
and they just told us we can’t hire you.” I said, “Really, your whole business model is redemption, and you can’thire me?” That was really the low point, right there.
On what kept him going: I remember one particular day I worked very long hours and had to ride the bus home.
Really exhausted, it was after eleven, and I got off the bus and walked to my house, thinking about having to
get up and go to work the next day, and what a crappy job it was and what a fucked-up day I’d just had, and I

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thought, “And I’ll do it again. I’d do this every day.” This crappiest day of my life out here is so much better thanliving in the joint. I don’t mind it. If it never gets any better than this, I’m good.
On what he’d tell someone just about to leave prison: Prepare for the worst and hope for the best. This is theeasy part, doing time. Everybody says it’s hard but there’s nothing easier than doing time. It requires no effort
whatsoever. Everybody thinks, “Oh boy, when I get out it’s going to be easy,” but get ready for this, it’s gonna
be fucking hard. It’s going to be fucking hard every day. But you won’t be locked up in the joint.
Dan recently bought a house and now lives with his wife, who he met and married while in prison.

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Chapter 12: Other Government Benefits
The Bottom Line:•The best way to find out what benefits you may be eligible for is to visit Washington Connection (www.
washingtonconnection.org). Washington Connection is an online tool administered by the Department of
Health and Human Services that allows people to check their eligibility for various programs by fillingout a brief questionnaire about their circumstances, and then allows them to apply for those programs
online. Note that Washington Connection can only check your eligibility for Washington State programs;
it cannot check if you are eligible for federal benefits, such as Social Security. To find out if you are eligible
for benefits through the Social Security Administration, you can use the Benefits Eligibility Screening Tool
(BEST) by visiting https://ssabest.benefits.gov.

•

Most government programs are only available to people whose income is below a certain level. Some
programs have additional eligibility requirements as well; for instance, some benefits are only available tofamilies with children, and some are only available to people with disabilities. Below is a very brief overview
of the programs you may be eligible for based on your circumstances. Note that some of the programs ineach category are mutually exclusive, meaning that if you receive one, you are not eligible for the others.
More information can be found in the sections on each program.
»» If you are low-income: You may be eligible for Basic Food (i.e. food stamps) or the Emergency Food
Assistance Program. You may also be eligible for Medicaid/Apple Health or public housing assistance;
you can find more information about those programs in the Healthcare Benefits and Housing
chapters of this Guide.
»» If you are the caretaker for a child or you are pregnant: You may be eligible for Temporary
Assistance for Needy Families (TANF), Supplemental Family Assistance (SFA), or the Special
Supplemental Nutrition Program for Women, Infants, and Children (WIC).
»» If you are 65 or older, blind, or disabled: You may be eligible for Supplemental Security Income(SSI), Aged, Blind, and Disabled Cash Assistance (ABD), or the Commodity Supplemental Food
Program (CSFP). You may also be eligible for Medicare (see the Healthcare Benefits chapter for more
information). If you have a disability that prevents you from working, you may be eligible for Social
Security Disability Insurance (SSDI) or the Housing and Essential Needs (HEN) Referral Program.

•In general, your criminal record should not prevent you from accessing most government benefits.
However, you may be ineligible for some programs if you have violated your probation or parole, or if you
are convicted of a felony and are fleeing to another state to avoid punishment.

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OTHER GOVERNMENT BENEFITS
Introduction
This chapter will explain the various government benefits that may be available once you are released fromprison and how to obtain them. It will also point you to vital resources in printed or online form concerningthese government programs. Keep in mind that you may not qualify for all of these programs, but you should
explore this chapter to find programs that fit your needs.
As you consider what benefit programs you may be eligible for and begin the process of applying for them, you
may wish to visit Washington Connection at this address: www.washingtonconnection.org/home/. Washington
Connection is an online tool administered by the Department of Social and Health Services Economic Services
Administration that allows people to check their eligibility for various cash, food, and health care benefit
programs by filling out a brief questionnaire about their circumstances, and then allows them to apply for those
programs online. You can see the complete list of services that Washington Connection provides information
for by visiting www.washingtonconnection.org/home/availablebenefits.go. Several of these programs will be
discussed in more detail in the sections that follow.

Income Assistance Programs
A. Temporary Assistance for Needy Families (TANF)
1. What is TANF? Can I begin the application process prior to my release?
Temporary Assistance for Needy Families (TANF) is a government program that provides temporary cash andmedical help for families in need. If you are a Washington State resident who is responsible for the care of achild or are pregnant, you may qualify for this program. In order to be eligible, your family must have financial
resources of $1000 or less (you may also have up to $3,000 in a savings account).1 Resources include things
like checking accounts, stocks, bonds, or mutual funds, or vehicle equity.2 The DSHS eligibility worker will help
you understand what income and resources will affect your case. You must also meet certain citizenship andalien status requirements3 and you have to meet certain work requirements while you are receiving benefits (formore information, see section 3 in this chapter). You can find out if you are eligible for TANF and apply online
by visiting the Washington Connection website (www.washingtonconnection.org/home/). You can also applyin person at your local DSHS Community Services Office (visit www.dshs.wa.gov/esa/community-services-findan-office to find an office near you), or by calling 1-877-501-2233.
If you were already receiving TANF when you went to prison, you can restart your benefits when you arereleased. To restart your TANF benefits, you must resume your role as a caretaker for an eligible child and meetthe income and resource limits and work requirements. However, you may be able to expedite the process by
beginning your application while you are still in prison. Talk to your Department of Corrections counselor tofind out whether you are able to begin your application before you are released. In order to complete yourapplication, you must have an initial certification interview either in person or over the phone.4
Note that there is a 60-month (five year) time limit for receiving TANF, which means that in most cases, you will
not be able to continue receiving TANF forever.5 If you have already received TANF for 60 months, you may be
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The following information comes from Washington Law Help’s “Questions and Answers on the TANF Five-Year
Limit” publication.
You are eligible for a TANF extension if you can show that DSHS should exempt you from WorkFirst
participation requirements. This means DSHS cannot or should not expect you to work full-time. These
exemptions can apply at any time, not just after 60 months.7 You may qualify for an exemption if you are:•An older needy caretaker relative (55 and older)•

Caring for an adult relative with disabilities•

Caring for a child with special needs, or•An adult with severe and chronic disabilities8

To qualify for an exemption, you should have proof of your age, your own disability, or the disability of
the relarive who needs you to care for them. Ask your caseworker to refer you to a social worker if you
need help getting this proof.
If you do not qualify for an exemption, you will be eligible for a “hardship “ extention of the time limit
if any of the following apply:•

You are employed at least 32 hours a week•

You meet the Family Violence Option Criteria and are participating in the activies listed in your IRP•

You are working with the Children’s Administration to resolve child welfare issues that involve any ofyour children in a dependency case for the first time.9

Note: If you are ineligible for TANF, you may still be eligible for Washington’s State Family Assistance (SFA)
program. The purpose of SFA is to provide cash assistance to individuals who are ineligible for TANF for certain
specific reasons. In other words, by providing SFA, the state of Washington is filling a gap in the TANF programand extending benefits to certain groups of people that the federal program does not cover. If you are noteligible for TANF but any of the following is true about you, you may be eligible to receive SFA instead:•

You are a qualified alien and have been in the United States for less than five years;•

You are a nonqualified alien who meets the Washington state residency requirements;•

You are a nineteen or twenty-year-old student who goes to school fulltime and receives special education
due to a disability, or you are the caretaker of a student who meets these educational requirements; or•You are a pregnant woman who has been convicted of misrepresenting your residence in order to receive
benefits from two or more states at the same time.10

If you think you may be eligible for SFA, you may apply exactly the same way you would apply for TANF; either
go online to the Washington Connection website or apply in person at a DSHS Community Services Office.

2. Does my conviction history affect my eligibility for TANF?
You cannot receive TANF if you are convicted of a felony and are fleeing to another state to avoid punishment.
Additionally, you cannot receive TANF if you have violated your probation or parole.11

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3. What are the requirements to maintain active benefits under TANF?
In order to remain eligible for TANF, you will need to give the Department of Social and Health Services (DSHS)
the right to collect and keep child support as reimbursement for the TANF benefits that you receive.12 This meansthat while you are receiving TANF, you will not receive any child support payments; DSHS will collect thesepayments instead. You must cooperate with DSHS during this process unless you can show that cooperation
would harm you or your children.13 While you are receiving TANF or SFA benefits, you must also make sure yourchild goes to school.14
In addition to your initial interview, you must have an interview with DSHS at least once every twelve months.15
You will also have to report certain changes in your circumstances, including changes in the people living in yourhousehold, your household income or financial resources, and employment status. When you begin receiving
benefits, you will receive a letter from DSHS letting you know what kind of information you are required toreport, the number of days you have to report the information, and how to do so.16
While receiving benefits from TANF, you are generally required to participate in a job search or work-related
activities through the WorkFirst Program. You may be exempt from this requirement if you are required to
be at home to care for an infant, a child with special needs or an adult relative who has a disability; you area caretaker relative (not a parent) and are 55 or older; you have a severe and chronic disability; or you are a
victim of family violence.17

4. How does this program impact my total income for the purposes of repaying LFOs,
child support, or other debts?
You may get your discretionary LFOs reduced or waived if you can demonstrate that paying them would createa hardship for you or your family.18 A recent decision by the Washington State Supreme Court held that a court
must find you indigent for the purposes of LFO reduction if you receive public benefits or if your householdincome falls below 125% of the federal poverty guideline.19 This means that if you receive assistance fromTANF and apply for reduction of your LFOs, the court should determine that you are unable to pay. For more
information, see the LFOs chapter of this Guide.
Money from public assistance programs such as TANF does not count as income when calculating childsupport.20 If you are receiving public assistance, you may ask the court to set your support obligation to $0.
If your income is subsidized by TANF, it cannot be garnished to pay debts.21 That being said, needs-based
assistance placed in a bank account is often garnished by mistake, and it can take time and effort to get themoney back.22 You can file a Claim of Exemption form with a Washington County Court to declare that thatmoney is off limits.23 You can find that form here: www.courts.wa.gov/forms/?fa=forms.contribute&formID=20.

B. Supplemental Security Income (SSI)
5. What is SSI? Can I begin the application process prior to my release?
Supplemental Security Income (SSI) is designed to help aged, blind, or disabled people who have little to no
income. In order to receive benefits from the SSI program, you must be able to receive payments electronically(direct deposit).24 Payments can be made to your bank account or to a debit card.25 This program pays monthly
benefits to people with limited income and resources who are also disabled, blind, or 65 years of age or older.
Blind or disabled children may also qualify for SSI.26 If you believe you fall into one of these categories visit
www.ssa.gov/ssi/text-eligibility-ussi.htm for more detailed eligibility requirements. You may also visit theSocial Security Administration’s online eligibility tool, the Benefit Eligibility Screening Tool (BEST), at this224

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address: https://ssabest.benefits.gov. BEST will list Social Security benefits you may be eligible for based onyour answers to a brief questionnaire.27
If you were already receiving SSI when you were incarcerated and have been in prison for more than 30 days,
your benefits will be suspended.28 If you were in prison for less than one year, the Social Security Administration
can reinstate your benefits quickly when you are released; if you were incarcerated for more than a year or you
were not receiving SSI before you were incarcerated, you will have to file a new claim.29
You may be able to apply for your SSI benefits up to 90 days before you are released from prison using the prerelease procedure.30 The pre-release procedure was created by the Social Security Administration so that you
can begin receiving your benefits quickly after you are released. The Social Security Administration will process
your application under the pre-release procedure if the following are true:•

You are in an institution (for instance, a prison, jail, hospital, or nursing home);•

You appear likely to be eligible for SSI when you are released; and•You are scheduled to be released within several months of the date you file your application for SSI.31

Note that your prison may have a pre-release agreement with the local Social Security office to expedite thisprocess; your counselor should be able to tell you whether the agreement exists and whether they can begin
the application process for you. However, you may file an application for SSI under the pre-release procedure
even if there is no pre-release agreement in place.32
If you are unable or choose not to apply for your SSI benefits using the pre-release procedure, you may apply
after you are released. Contact Social Security by calling 1-800-772-1213, Monday through Friday, 7 a.m. to 7
p.m. to schedule an appointment to apply for benefits. Let the representative you speak to know that you werereleased from prison. When you go to your appointment, bring your official prison release documents with you.33
When you apply, you will likely need to provide some information to prove that you are eligible to receive
benefits. In particular, you may need to provide the following information:•

Your Social Security card or number;•

Proof of age, such as a public or religious birth record;•

Citizenship or alien status record, such as a birth certificate, naturalization certificate, U.S. passport, or
current immigration document;•

Proof of income, such as paystubs or other records;•

Proof of your financial resources, such as bank statements, life or disability insurance policies, titles orregistrations for any vehicles you own, and any other documentation showing what financial resources, ifany, you have access to;•

Proof of living arrangements, such as a lease, deed or property tax bill, and information about yourhousehold costs for rent, mortgage, food, or utilities;•

Medical sources (if you are filing as blind or disabled), such as medical reports, names of your medications,and contact information for your doctors and other medical providers;•Work history, including job titles, type of business, names of past employers, and the hours and dates
worked.34

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You may not need all of this information. If you are having trouble getting some of these documents, the Social
Security Administration may be able to help you. If you are applying through the pre-release program, yourcounselor or other prison staff may also be able to help you prepare your application.

6. Does my conviction history affect my eligibility for SSI?
While you generally cannot receive payments while you are in prison, your conviction and criminal history will
not affect your eligibility to receive SSI after you are released.

7. What are the requirements to maintain active SSI benefits?
If you are receiving SSI benefits, you are responsible for contacting the Social Security Administration andinforming them if there are any changes that may impact your eligibility for the program or your benefit amount.
In particular, you must report any of the following:•

Change of address;•

Change in living arrangements;•

Change in income, including your spouse’s income if you are married and living together;•

Change in financial resources, including your spouse’s resources if you are married and living together;•

Death of a spouse or anyone in your household;•

Change in marital status, including any same-sex relationships;•

Change in citizenship or immigration status;•

Change in help with living expenses from friends or relatives;•

Eligibility for other benefits or payments;•

Admission to or discharge from an institution (such as a hospital, nursing home, prison, or jail);•

Change in school attendance, if you are under age 22;•

Change in legal alien status;•

Sponsor (or sponsor’s spouse) changes of income, resources, or living arrangement for aliens;•

Leaving the U.S. for a full calendar month or for 30 consecutive days or more;•

An unsatisfied felony or arrest warrant for escape from custody, flight to avoid prosecution or confinement,or flight-escape.

If you are disabled, you must also report any improvement in your medical condition and certain changes inyour work status.35
Also, be aware that you cannot receive SSI payments for any month (including any part of the month) in which
you have been convicted and incarcerated for more than 30 consecutive days.36 This means that if you areconvicted of another crime after you are released, you will likely stop receiving your SSI benefits.

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8. How does receiving SSI benefits impact my total income for the purposes of repaying
LFOs, child support, or other debts?
You may get your discretionary LFOs reduced or waived if you can demonstrate that paying them would createa hardship for you or your family (see the LFOs chapter for more information).37 A recent decision by the
Washington State Supreme Court held that a court must find you indigent for the purposes of LFO reduction if
you receive public benefits or if your household income falls below 125% of the federal poverty guideline.38 Thismeans that if you receive assistance from SSI and apply for reduction of your LFOs, the court should determinethat you are unable to pay.
Money from public assistance programs such as SSI does not count as income when calculating child support.39
If you are receiving public assistance, you may ask the court to set your support obligation to $0.

9. What is the Washington State Combined Application Project and how do I apply for it?
The Washington State Combined Application Project (WASHCAP) is a federally funded simplified food benefit
program for specific Supplemental Security Income (SSI) recipients. These benefits will be delivered to you by
an electronic benefit transfer card (EBT Card). After you qualify for the program, it will take an additional month
before you receive any benefits.40
You can receive these benefits if you receive SSI benefits, have no earned income when you apply, are eighteen
years of age or older, and live alone. You may also be eligible if you are between the ages of eighteen and twentyone, living with your parent(s) who do not get Basic Food benefits, and you purchase your food separately. If
you live with others but buy and cook your food separately from them, you might be eligible for WASHCAP.41
Your criminal record will not prohibit you from receiving WASHCAP benefits unless there is an active felony
warrant against you in a different state.
You can apply for WASHCAP food benefits at the Social Security Administration (SSA) when you apply for SSI.
If you want food benefits, your SSA worker will ask you WASHCAP food eligibility questions when you haveyour SSI interview. If you need food benefits in seven days or less, you must apply for expedited services at a
community service office (CSO), any home and community services office (HCS) if you receive long-term careservices, or any SSA office if you give them an application for Basic Food expedited services when you apply for
SSI. SSA will forward the Basic Food application to the local CSO for processing. You will not be able to apply
for WASHCAP until you are released from prison.42
Your WASHCAP food benefits need to be reviewed at least every thirty-six months. If your circumstanceschange (for example, if you move or your income changes) once you start receiving these benefits, you must
report the changes to the SSA.43

C. Social Security Disability Insurance (SSDI)
10. What is SSDI? Can I begin the application process prior to my release?
Social Security Disability Insurance (SSDI) is a federal insurance program that protects workers who become
disabled and cannot work for a year or more. SSDI cash benefits are paid to disabled workers who earned
enough work credits and worked recently (see below for more information). SSDI also provides cash benefits
for eligible family members.44“Disability” for the purposes of SSDI benefits is based on your inability to work. The Social Security Administrationconsiders you disabled if:

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You cannot do work that you did before;•

The SSA determines that you cannot adjust to other work because of your medical condition; and•Your disability has lasted or is expected to last for at least one year or to result in death.

You can only receive SSDI benefits if you have a total disability. No benefits are paid for a partial or short-term
disability.45
In addition to having a total disability, you also must have worked long enough, and recently enough, in a job
covered by Social Security. The rules regarding work credits are complicated, and the specific rules regarding
how many credits you need and how recently you must have earned them will depend on how old you werewhen you became disabled and other circumstances specific to you. The best way to find out if you haveenough credits to qualify is to contact your local Social Security office. However, here is a brief overview ofthe most common criteria. Working in qualifying jobs earns you Social Security work credits, which are basedon your total yearly wages or self-employment income. You can earn up to four credits each year. To receive
benefits, most people will need 40 credits, 20 of which were earned in the last 10 years ending with the year
they became disabled. Younger workers may qualify with fewer credits.46 For more information about how
these rules apply to you, visit a Social Security office near you.
If you were already receiving SSDI when you were incarcerated and have been in prison for more than 30 days,
your benefits will be suspended and will remain suspended until you are released.47 Since your benefits are
suspended, but not terminated, the SSA will be able to restart them quickly after you are released.48
You may be able to apply for your SSDI benefits up to 90 days before you are released from prison using the
pre-release procedure.49 The pre-release procedure was created by the Social Security Administration so thatyou can begin receiving your benefits quickly after you are released. The Social Security Administration willprocess your application under the pre-release procedure, if following are true:•

You are in an institution (for instance, a prison, jail, hospital, or nursing home);•

You appear likely to be eligible for SSDI when you are released; and•You are scheduled to be released within 12 months of the date you file your application for SSDI.50

Note that your prison may have a pre-release agreement with the local Social Security office to expedite thisprocess; your counselor should be able to tell you whether the agreement exists and whether they can begin
the application process for you. However, you may file an application for SSDI under the pre-release procedure
even if there is no pre-release agreement in place.51
If you are unable or choose not to apply for SSDI benefits using the pre-release procedure, you may apply after
you are released. If you will be receiving SSDI for the first time, you can apply for online by visiting the online
application portal at https://secure.ssa.gov/iClaim/dib/. You can also apply over the phone by calling 800772-1213 or in person at your local Social Security office. To find a Social Security office near you, visit https://secure.ssa.gov/ICON/main.jsp and enter your zip code. If you are planning to apply in person, call ahead andmake an appointment.52
When you apply, you will need to provide some information along with your application. We cannot predict
exactly what documents SSA will need to confirm your disability and process your application, so it is best to
be prepared. You may be asked to present any of the following:•Your birth certificate or other proof of birth;228

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Proof of U.S. citizenship or lawful alien status;•

U.S. military discharge papers if you had military service before 1968;•

W-2 forms and/or self-employment tax returns for the past year;•

Medical evidence of your disability that is already in your possession, including medical records, doctors’
reports, and recent test results (note that you should not delay filing your application if you don’t have thisevidence in your possession, as Social Security can obtain it directly by calling your medical providers);•

Proof of any workers’ compensation-type benefits you received, if any.53

For more help applying for SSDI, you can use the Disability Starter Kit provided by the SSA. The Disability
Starter Kit will help you get ready for your disability interview or online application and provides information
about the specific documents and information that the SSA will request from you. You can access the starter kit
online at www.ssa.gov/disability/disability_starter_kits.htm.
You may apply for SSDI while in prison, but you will not receive any benefits before you are released. In order
to apply, you must receive permission to meet with an SSA representative and have a doctor within the prison
fill out the necessary paperwork. It is within your rights to seek advice and representation of a Social Security
Disability lawyer during this process.54 The National Organization of Social Security Claimants’ Representitives
has a referral service that can connect you with private attorneys in your area. The referral service can bereached at 1-800-431-2804.55 If you are in the Seattle area, you can contact the Seattle Community Law Center’sSocial Security Advocacy Project at 206-686-7252.56

11. Does my conviction history affect my eligibility for SSDI?
As a general rule, your conviction history will not impact your eligibility for SSDI benefits. However, you may beineligible to receive SSDI if your disability arose while you were committing a felony or your disability arose while
you were imprisoned in jail. You are also ineligible for benefits if you are fleeing prosecution or confinement.57
For further information on eligibility, how being incarcerated affects SSDI and how violating your probation
affects SSDI visit www.disabilitysecrets.com/get-disability-if-felony.html.

12. What are the requirements to maintain active SSDI benefits?
In most cases, you will continue to receive benefits as long as you are disabled. There are certain circumstancesthat may impact your continued eligibility. For instance, your health may improve to the point where you are nolonger disabled, or you may choose to go back to work rather than depend on your disability benefits. The SSA
will review your case from time to time to verify that you are still disabled; you will be notified when it is time
to review your case. However, it is your responsibility to inform the SSA if your health improves or you choose
to go back to work.58

13. How does SSDI impact my total income for the purposes of repaying LFOs, childsupport, or other debts?
You may get your discretionary LFOs reduced or waived if you can demonstrate that paying them would createa hardship for you or your family.59 A recent decision by the Washington State Supreme Court held that a court
must find you indigent for the purposes of LFO reduction if you receive public benefits or if your householdincome falls below 125% of the federal poverty guideline.60 This means that if you receive assistance from
SSDI and apply for reduction of your LFOs, the court should determine that you are unable to pay. For more
information, see the LFOs chapter of this Guide.

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Money from public assistance programs such as SSDI does not count as income when calculating child support.61
If you are receiving public assistance, you may ask the court to set your support obligation to $0.

D. Unemployment
14. What is unemployment? Can I begin the application process prior to my release?
Unemployment benefits are cash benefits you can receive while you are looking for a job. They are madeavailable through taxes paid by your former employer while you were working. These benefits are to assist
workers who lost their jobs through no fault of their own. They are not based on financial need. While receiving
benefits, it is your responsibility to get back to work as soon as you can.62
You cannot apply for unemployment benefits in Washington if you did not work in this state in the past 18
months. There are exceptions are if you were in the military or worked for the federal government. If you did
work in Washington or were discharged from the military, you must have worked at least 680 hours during thepast 18 months.63 There is also an exception for if you suffered a temporary total disability that prevented you
from working. To prove that you had a temporary total disability, you must get a signed statement from thedoctor who attended you that states the date that your disability started and that it was impossible for you towork during the time you were disabled. You must apply for a determination that you had a temporary total
disability within 26 weeks of the disability starting. Note that only physical disabilities count as temporary
total disability .64
The reason that you are unemployed will also impact your eligibility for unemployment. Unemployment benefits
exist to assist workers who lost their jobs through no fault of their own, so if you were fired for misconduct or grossmisconduct, you will not be eligible or your eligibility will be delayed. Visit https://esd.wa.gov/unemployment/
laid-off-or-fired for examples of misconduct and gross misconduct. By contrast, if you were fired through nofault of your own, such as for not having the skills to do the job, you may be eligible for benefits. If you were laidoff (meaning that your employer is not planning to replace you) you will generally be eligible.65
If you quit your job, you still may be eligible if you had a good-cause reason for quitting. Some examples ofgood-causes reasons include becoming sick or disabled, a reduction in pay or hours by 25% or more, or moving
to be with a spouse or domestic partner in another area.66 You can see a complete list of good-cause reasonsby visiting https://esd.wa.gov/unemployment/quit. If you are eligible, your benefit amount will be based onyour earnings during your base year. Your base year is the first four of the last five completed calendar quarters
before the week in which you file your claim for unemployment benefits.67
You can apply for unemployment online or by phone.68 To apply online, visit the eServices portal at https://secure.esd.wa.gov/home/ and log in or create a new account. You will need the following information tocomplete your application:•

Your Social Security number;•Your name, birthdate, and contact information;•

Your highest level of education;•

The names and mailing addresses of all of your employers during the past 18 months, including part-timeand temporary jobs;•

The dates you worked for all employers during the past 18 months (use your best estimate if you don’t
remember the exact dates);

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Your citizenship status;•

If you normally get your work through a union, the name and local number of your union;•

If you apply for benefits online and want to sign up for direct deposit, your account and routing numbers
for your bank or credit union;•

If you were in the military during the past 18 months, your DD-214, any member copy, 2 through 8;•

If you were a federal employee during the past 18 months, your Standard Form 8 (SF8), “Notice To Federal
Employees About Unemployment Insurance.”69

You can also apply over the phone by calling 800-318-6022. Phone applications are accepted Tuesday throughFriday, 8am-4pm. To reduce wait times, when you may apply by phone is determined by the last digit of yourSocial Security number. If your Social Security number ends with:•

0, 1, 2, or 3, call on Tuesday.

•

4, 5, or 6, call on Wednesday.

•

7, 8, or 9, call on Thursday.

Anyone may call on Friday. Note that the wait time for applying by phone may be long and applying online will
likely be faster and easier.70
You can find a lot of information about unemployment insurance, including information about applications,eligibility, filing claims, and receiving checks by visiting the UI Customer Service One-Stop Shop at https://esd.
wa.gov/unemployment/UI-one-stop. You can also contact the Unemployment Law Project at 1-888-441-9178
for help and information about unemployment benefits.

15. Does my conviction history affect my eligibility for unemployment?
Your conviction history should not impact your eligibility for unemployment benefits, although you may not beable to receive benefits immediately upon release, as you generally must have worked for at least 680 hours
within the past 18 months.71

16. What are the requirements to maintain active benefits in this program?
Once your application has been accepted, you receive your benefits by submitting a weekly claim. You mustfile a claim every week until you want your benefits to stop. You may file your claim online on the eServices
portal (https://secure.esd.wa.gov/home/) or by phone by calling 800-318-6022 and using the automatedphone system.72
While claiming unemployment benefits, you must be:•

Able to work;•

Available for work;•

Actively seeking suitable work, unless told otherwise by the Employment Security Department; and•Registered for work with a WorkSource employment center or local employment center (if living outside
Washington)

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Each week that you claim benefits, you must make at least three employer contacts or participate in threein-person job search activities (or a combination of both, for a total of three) at your local WorkSource
employment center or other local employment center. You must keep a log of all of your job search activities
and the ESD may contact you or the employer contacts you have listed in your log to follow up or review yourjob search efforts.73 When you file your weekly claim, you will be asked a series of questions about your job
search activities for that week.74

E. Aged, Blind or Disabled Cash Assistance (ABD)
17. What is the Aged, Blind or Disabled Cash Assistance program and how do I apply for it?
The Aged, Blind, and Disabled (ABD) program is a state-run program that provides cash assistance to certain
low-income adults who are 65 or older, blind, or who meet the SSI disability criteria (see section 5) based ona mental or physical disability that lasts at least a year, so long as your disability is not primarily due to alcoholor drug addiction. You must also meet certain income and citizenship/alien status requirements and reside in
Washington State. You CANNOT get ABD assistance if:•

You are eligible for TANF, SFA, or SSI benefits, or are an ineligible spouse of an SSI recipient;•

You refuse or fail to participate in a drug or alcohol treatment program if it is determined that you are
dependent; or•

The Social Security Administration denied or terminated your benefits because you broke a program rule.

As of March 2017, the program provides a maximum monthly cash grant of $197.75
You can apply for ABD either online through Washington Connection, or by filling out the application form
(available here: www.dshs.wa.gov/sites/default/files/ESA/csd/documents/14_001.pdf) and mailing it to:»» DSHSCSD-Customer Service Center
PO Box 11699
Tacoma, WA 98411-6699
You will need to provide proof of income and resources when you apply.

Food Assistance Programs
A. Basic Food (SNAP/food stamps)
18. What is Basic Food? Can I begin the application process prior to my release?
The Supplemental Nutrition Assistance Program (SNAP), also known as “Basic Food” in Washington, helps low
income people make ends meet by providing monthly benefits to buy food through an electronic benefits card
(EBT Card). Participating in Basic Food also provides other benefits, including automatic enrollment in free school
meals for school-aged children. It also qualifies you for low-cost local phone service through the Washington
Telephone Assistance Program (WTAP), and for the Women, Infants and Children (WIC) income test.76
With Basic Food benefits you can buy a variety of items including breads, cereals, fruits, vegetables, cheese,milk, meats, fish, poultry and eggs. Some things you cannot use Basic Food benefits for include food fromrestaurants, hot foods, food that will be eaten in the store, soaps, paper products, household supplies, pet

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foods, vitamins, medicines, beer, wine, cigarettes or tobacco. Basic Food benefits also cannot be exchanged
for cash.77
Eligibility for Basic Food is based on your monthly income and your household size. The government also
looks at your regular expenses to determine the benefits you receive. As a general rule, your household canhave an income up to 200% of the Federal Poverty Guideline and still be eligible for Basic Food. For example,
if you have a family of four and your net family income is less than $4,050 per month, you qualify for the Basic
Food program (as of February 2017). Asset limits also do not apply to households with total monthly income
under the limit.78 You can see a table of current qualifying income limits by visiting http://foodhelp.wa.gov/
basic_food.htm. You can also estimate how much your household might receive from Basic Food by using theonline benefit estimator tool at http://foodhelp.wa.gov/bf_benefit_estimator.htm.
You do not need to be a U.S citizen to be eligible for the Basic Food program; however, you must be a legal
immigrant. Undocumented immigrants and non-citizens who are tourists or other non-citizens do not qualify
for this program.79
You can apply for Basic Food online through the Washington Connection portal at http://washingtonconnection.
org. You can also apply by mail or by visiting a local DSHS Community Services Office (CSO). If you apply
by mail or in person, you will need to fill out the form located at www.dshs.wa.gov/sites/default/files/ESA/
csd/documents/14_001.pdf.80 You can begin the application process immediately after you are released fromprison. You must participate in an initial certification interview that can be done in-office or by telephone.81
Other information you will need to provide includes your social security number, proof of your identity, andproof of the income and living expenses for your household. If you have trouble finding any of this information,
DSHS can help you.82

19. Does my conviction history affect my eligibility for the program?
You cannot receive Basic Food if you are convicted of a felony and are fleeing to another state to avoid
punishment. Additionally, you cannot receive Basic Food if you have violated your probation or parole.83

20. What are the requirements to maintain active benefits in this program?
In addition to your initial interview, you must have an interview with DSHS at least once every twelve months
that you receive Basic Food benefits.84 You will also have to report certain changes in your circumstances,including changes in the people living in your household, your household income or financial resources, andemployment status. When you begin receiving benefits, you will receive a letter from DSHS letting you knowwhat kind of information you are required to report and how to do so.85
If you are between the ages of 16 and 59 and not otherwise exempt, you will be automatically registered to workwhen you apply for Basic Food benefits. Your registration will be renewed every twelve months thereafter thatyou receive benefits. If you are registered to work, you must:•

Contact DSHS as required;•

Provide information regarding your employment status and availability for work when requested;•

Report to an employer if referred by DSHS;•

Not voluntarily quit a job or reduce your work unless you have good cause;•

Accept a bona fide offer of suitable employment; and•Not be in sanction status if you are a mandatory WorkFirst participant.86

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21. How does this program impact my total income for the purposes of repaying LFOs,
child support, or other debts?
You may get your discretionary LFOs reduced or waived if you can demonstrate that paying them would createa manifest hardship for you or your family.87 A recent decision by the Washington State Supreme Court heldthat a court must find you indigent for the purposes of LFO reduction if you receive public benefits or if yourhousehold income falls below 125% of the federal poverty guideline.88 This means that if you receive Basic Foodbenefits and apply for reduction of your LFOs, the court should determine that you are unable to pay. For more
information, see the LFOs chapter of this Guide.
Money from public assistance programs such as Basic Food does not count as income when calculating childsupport.89 If you are receiving public assistance, you may ask the court to set your support obligation to $0.

B. Women, Infants, and Children Nutrition Program (WIC)
22. What is WIC? Can I begin the application process prior to my release?
The Women, Infants, and Children Nutrition Program (WIC) is a federally-funded program that is administeredby Washington State. WIC provides monthly checks for healthy food, health screenings and referrals, nutrition
education, and breastfeeding support.90
WIC is primarily for pregnant women, new and breastfeeding moms, and children under five. Dads, grandparents,and other caregivers of children under five may also sign the children up for WIC. Foster children under age fiveand foster teens who are pregnant may also be eligible.91 You can find more information about WIC eligibility
by visiting www.doh.wa.gov/YouandYourFamily/WIC/Eligibility. You do not have to be a U.S. citizen to receive
WIC benefits, and getting WIC will not affect your immigration status.92
WIC does not provide food to you directly; instead, you will receive checks that you can use to purchase certain
food items at the grocery store. WIC is accepted at many local grocery stores. If WIC is accepted, you will see asign that says “WIC Accepted Here” – this is how you will know that it is an approved store. You may only use WIC
to purchase certain nutritious foods, such as fresh fruits and vegetables, whole grains, milk and eggs, and baby
food and formula. For certain WIC foods, only specific brands and sizes may be approved. You can read more
about what foods are approved by reading the WIC Shopping Guide (www.doh.wa.gov/portals/1/Documents/
Pubs/960-278-ShoppingGuide.pdf) or visiting www.doh.wa.gov/YouandYourFamily/WIC/WICFoods. You may
also receive coupons to buy locally grown fruits and vegetables at your local farmers market through the WIC
Farmers Market Nutrition Program.93
You may apply for WIC in person at a WIC clinic; find a WIC clinic by using the ParentHelp123 Resource Finder(located at https://resources.parenthelp123.org/services/wic-nutrition-program-for-women-infants-children)
or by calling the Family Health Hotline at 1-800-322-2588.94 Call the clinic and schedule an appointment. Your
first appointment will take roughly 30-45 minutes, and you will receive your first check that day.95

23. Does my conviction history affect my eligibility for the program?
As long as you are otherwise eligible, your conviction history does not affect your eligibility for WIC.

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24. What are the requirements to maintain active benefits in this program?
You will only receive WIC benefits for as long as you meet the eligibility criteria (pregnant woman, new orbreastfeeding mother, or caretaker for a child under five). During that time, you may only use WIC food or
formula for the person or people on WIC. You may not sell or give away your WIC checks, food, or formula formoney, credit, rain checks, or other items.96

C. The Emergency Food Assistance Program (TEFAP/EFAP)
25. What is the Emergency Food Assistance Program and how do I apply for it?
The Emergency Food Assistance Program (TEFAP/EFAP) is a program that helps supplement the diets of lowincome Americans, including the elderly, by providing them with emergency nutrition assistance at no cost.97
To receive TEFAP/EFAP assistance, you must go to the food bank located in the county closest to you to pickup the supplemental food. Visit http://agr.wa.gov/FoodProg/LeadContractor.aspx to find the location that isnearest to you.
Low-income families who earn 185% or less of the federal poverty level and are in need of food are eligible toreceive TEFAP/EFAP food. For example, if you have a family of four and your net family income is less than$44,955 a year, you qualify as a low-income family (effective through 2016). A table of qualifying incomescan be found at http://agr.wa.gov/FP/Pubs/docs/FSCS/445-TEFAPIncomeGuidelines.pdf. You do not need toapply before visiting a food bank. Families visiting food banks are asked to self-declare their income and are
not asked to provide verification. Individuals going to emergency meal providers are assumed to be eligible andwill not be required to show income eligibility verification.98 Your criminal history will not impact your eligibility
for this program.
For more information and to find where you can receive local TEFAP assistance visit http://agr.wa.gov/
FoodProg/LeadContractor.aspx.

D. Commodity Supplemental Food Program
26. What is the Commodity Supplemental Food Program and how do I apply for it?
The Commodity Supplemental Food Program (CSFP) works to improve the health of people who are at least
60 years of age by supplementing their diets with nutritious USDA Foods. This program distributes actual food,unlike the WIC Program, which distributes food vouchers. CSFP food packages do not provide a complete diet,but rather are good sources of the nutrients typically lacking in the diet of low-income families.99
In order to qualify for CFSP, elderly individuals must have a monthly income of less than 130% of the federal
poverty level. For example, if you have a family of four and your net family income is less than $31,590 a year
you qualify for CFSP (effective through 2016). A complete table of qualifying incomes can be found at http://
agr.wa.gov/FP/Pubs/docs/FSCS/444-CSFPIncomeGuidelines.pdf.
To apply for CSFP you will need to go to a local office and pick up an application form. After you fill out theapplication, you will be put on a waiting list. You will be notified when you can receive food. When you go toa location to receive food you will need to bring a driver’s license or other government identification to verify
your age. Information on obtaining a driver’s license or other identification can be found in the Identification
chapter of this Guide.

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If you qualify for this program, you will receive 27 pounds of food each month. You must go to one of thelocations assigned to you to pick up the food. This food consists of a variety of fruits, vegetables, healthy juices,
dairy, potatoes, cereal, rice, and tuna.
Your criminal record will not prohibit you from receiving CSFP unless there is an active felony warrant against
you in a different state.

E. Food Banks
27. How can I find information about food banks near me?
To find the nearest food bank visit http://feedingamerica.org/foodbank-results.aspx?state=WA and enter yourzip code. You do not need to do anything special to use the food bank. All you need to do to receive food fromthe pantry is declare that you do not have the resources to feed yourself or your family. Specific food pantries
may have additional requirements such as living in a certain geographic area or limiting how many times you
have access to its services per year. Food banks cannot discriminate against any class of people and any special
requirements must be in writing.

Housing Assistance Programs
Most housing assistance is provided by your county, rather than by the state of Washington. This means thatthe best way for you to get information about the services available to you is by visiting your local housing
authority, either online or in person. You can find information about your local housing authority by visitingwww.awha.org/contact.html and entering your county name in the drop-down box.
However, there are a few programs available throughout the state that may be useful to you. Some general
information about these programs is provided below; more comprehensive information about finding housing
is located in the Housing chapter of this guide.

28. What is the Housing and Essential Needs (HEN) Referral program? Am I eligible forit? How do I apply?
The Housing and Essential Needs (HEN) Referral program provides access to essential needs items and potential
housing assistance for low-income adults who are unable to work for at least 90 days due to a physical ormental incapacity and have income and resources below a certain level.100 You are not eligible for HEN if you
are eligible for any of the following programs:•

Temporary Assistance for Needy Families (TANF)•

Supplemental Security Income (SSI)•

Aged, Blind, and Disabled cash assistance (ABD)•

Pregnant Women Assistance101

You can apply for HEN online at Washington Connection or in person at your local DSHS Community Services
Office. You will need to provide proof of income and resources and proof of your disabled status.102
DSHS does not provide your HEN benefits to you directly. Rather, if you qualify for HEN, DSHS will provide youa referral that you can use to get your benefits from a local HEN provider. DSHS should refer you to a specific236

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provider, but you can see a list of all providers organized by county by visiting https://deptofcommerce.app.
box.com/s/8nt4mgmr3izkj9juizisji9w6igdgjd6.
Your local provider will decide what benefits you need based on state guidelines, and what you receive will vary
based on your location and provider. HEN benefits may include limited support for rent and utilities, personal
health and hygiene items, cleaning supplies, and transportation.103 Note that HEN will only help you with yourhousing costs if you are homeless or at risk of homelessness.

29. What is Section 8? Am I eligible for Section 8 housing vouchers? How do I apply?
Section 8 is a federal program that provides housing choice vouchers to low-income families, the elderly, andthe disabled. If you receive a Section 8 housing voucher, you are free to choose any housing that meets therequirements of the program.104 Section 8 programs are administered by local organizations called public
housing agencies (PHAs). Your local PHA will determine the specific eligibility and other program rules that
apply to you. You can find a complete list of PHAs in Washington at this link: https://portal.hud.gov/hudportal/
HUD?src=/program_offices/public_indian_housing/pha/contacts/wa. You can also get more information fromyour local housing authority. Section 8 housing is discussed in more detail in the Housing chapter of this guide.

Resources
Documents:•

Questions and Answers on the TANF Five-Year Limit, Northwest Justice Project, www.washingtonlawhelp.
org/resource/questions-and-answers-on-the-tanf-5-year-time?ref=x4nxK

Eligibility Resources and Benefit Calculators:•

Washington Connection, www.washingtonconnection.org/home/•

Benefit Estimate Calculator, SNAP/Basic Food, http://foodhelp.wa.gov/bf_benefit_estimator.htm•

Qualifying Incomes For SNAP/Basic Food, http://foodhelp.wa.gov/basic_food.htm•

Social Security Administration Benefits Eligibility Screening Tool (BEST), https://ssabest.benefits.gov•

DSHS Community Service Office Locator, www.dshs.wa.gov/onlinecso/findservice.shtml•

Food Bank Locations, http://feedingamerica.org/foodbank-results.aspx?state=WA•

Qualifying Incomes For CFSP, http://agr.wa.gov/FoodProg/docs/CSFP_Income_Guidelines.pdf•

Other Government Resources:•

Alcohol/Drug Use and Mental Health Available Services: 1-877-301-4557, www.dshs.wa.gov/dbhr/•

Basic Food: 1-877-501-2233, http://foodhelp.wa.gov/•

Child Support Community Relations: 1-800-457-6202, www.dshs.wa.gov/dcs/•

Commodity Supplemental Food Program (CSFP): 360-725-5651, http://agr.wa.gov/foodprog/csfp.aspx•

Social Security Disability Insurance (SSDI): 1-800-772-1213, www.ssa.gov/dibplan/index.htm

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Chapter 12: Other Government Benefits•

Supplemental Security Income (SSI): 1-800-772-1213, www.ssa.gov/ssi/•

TANF and Support Services: 1-800-737-0617, www.dshs.wa.gov/onlinecso/tanf_support_services.shtml•

The Emergency Food Assistance Program (TEFAP): 360-725-5651, http://agr.wa.gov/foodprog/tefap.aspx•

Washington Information Network 211: 211 http://win211.org•

Washington State Combined Application Program (WASHCAP): 1-877-380-5784,
www.dshs.wa.gov/manuals/aces/sections/washcap.shtml

Glossary
Base year: Your base year is the first four of the last five completed calendar quarters before the week inwhich you file your claim for unemployment benefits.
Disabled: The Social Security Administration considers you disabled if you cannot do the work you did
before, you cannot adjust to other work because of your medical condition, and your disability has lasted or is
expected to last for at least one year or to result in death.
Discretionary LFOs: Legal financial obligations (LFOs) are money penalties that you are required to pay aspart of your sentence for a crime. Discretionary LFOs (contrasted with mandatory LFOs) are LFOs that you
may ask the court to waive if paying them would create a hardship for you or your family.
Federal poverty guidelines: Eligibility for benefits programs are often expressed as a percentage of thefederal poverty guidelines. The guidelines are set every year by the federal government, and reflect theannual income level for a person or household to be considered living in poverty. For 2017, the federal poverty
guidelines are set at $12,060 per year for a single person and $24,600 per year for a family of four.
Financial resources: Your financial resources are property aside from income that contributes to yourhousehold’s total wealth, such as cash on hand; money in a checking or savings account; stocks, bonds, or
mutual funds; a retirement fund or pension account; a car or other vehicle; a house or other real property; or
certain personal property.
Fired: You were fired if your employer is planning to replace you with another worker.
Income: Generally, your income is the money you earn from your job plus whatever you may receive fromcash benefit programs like SSI, SSDI, unemployment benefits, and TANF/SFA.
Laid off: You were laid off if your employer is not planning to replace you (i.e. your position was eliminated).
Qualified/Nonqualified alien: Depending on your country of origin and under what circumstances you cameto the United States, you may be classified as a qualified or nonqualified alien. This classification affects youreligibility for various government benefits. The exact definitions and eligibility criteria for qualified and nonqualified aliens are beyond the scope of this chapter, but generally non-qualified alients are eligible for fewer
benefits than qualified aliens. When you begin to sign up for a government benefit, the application process
should inform you whether your status will affect your eligibility.
Work credits: Working in qualifying jobs earns you Social Security work credits. Work credits are based onyour total yearly wages or self- employment income and you can generally earn up to four credits each year.
In order to receive SSDI benefits, you must have earned enough work credits (generally you need 40 total
credits, 20 of which were earned in the last 10 years before you became disabled).

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WAC 388-470-0005(6)(b)Washington State Department of Social and Health Services, TANF and Support Services, www.dshs.wa.gov/node/48 (last visited
Feb. 7, 2017).
WAC 388-400-0005.
WAC 388-452-0005.
WAC 388-484-0005.
WAC 388-484-0006.
Wash. Law Help, Questions and Answers on the TANF Five-Year Limit (Dec. 2016) www.washingtonlawhelp.org/resource/questionsand-answers-on-the-tanf-5-year-time?ref=x4nxK
Id.
Id.
WAC 388-400-0010.
WAC 388-442-0010.
WAC 388-422-0005.
WAC 388-422-0020.
WAC 388-404-0005.
WAC 388-452-0005.
WAC 388-418-0005.
Washington State Department of Social and Health Services, TANF and Support Services, www.dshs.wa.gov/esa/communityservices-offices/tanf-and-support-services (last visited Feb. 21, 2017).
RCW 10.01.160(4). For more information, see Northwest Justice Project, Legal Financial Obligations (LFOs), www.washingtonlawhelp.
org/resource/legal-financial-obligations-lfos (last visited Feb. 21, 2017).
City of Richland v. Wakefield, 186 Wn.2d 596, 380 P.3d 459 (2016); Washington Courts, General Rule 34(a)(3) (Dec. 28, 2010). GR 34
defines indigence for the purposes of court fees. The Wakefield decision confirms that courts should use GR 34 to determine if
someone is unable to pay LFOs.
RCW 26.19.071(4).
WAC 388-450A-0010.
Huy Nguyen, SME (July 2017)
Id.
Social Security Administration, Social Security Direct Deposit, www.ssa.gov/deposit/index.htm (last visited Aug. 3, 2017)
Social Security Administration, What You Need to Know When You Get Supplemental Security Income, 3
Social Security Administration, Understanding Supplemental Security Income SSI Eligibility Requirements—2016 Edition, www.ssa.
gov/ssi/text-eligibility-ussi.htm (last visited Feb. 6, 2017).
Social Security Administration, Benefit Eligibility Screening Tool (BEST), https://ssabest.benefits.gov (last visited Feb. 6, 2017).
Federal Interagency Reentry Council, Reentry Myth Buster! On Social Security Benefits, https://csgjusticecenter.org/
documents/0000/1056/Reentry_Council_Mythbuster_SSA.pdf, (last visited Feb. 2, 2017); Social Security, Entering theCommunity After Incarceration—How We Can Help, www.ssa.gov/pubs/EN-05-10504.pdf, (last visited Feb. 2, 2017).
Federal Interagency Reentry Council, Reentry Myth Buster! On Social Security Benefits, https://csgjusticecenter.org/
documents/0000/1056/Reentry_Council_Mythbuster_SSA.pdf, (last visited Feb. 2, 2017).
Social Security, Entering the Community After Incarceration—How We Can Help, www.ssa.gov/pubs/EN-05-10504.pdf (last visited
Feb. 2, 2017).
Social Security Administration, Spotlight on Prerelease Procedure—2016 Edition, www.ssa.gov/ssi/spotlights/spot-prerelease.htm(last visited Feb. 6, 2017).
Id.
Social Security Administration, Benefits After Incarceration: What You Need To Know, www.ssa.gov/reentry/benefits.htm (last visited
Feb. 6, 2017).
Social Security Administration, Understanding Supplemental Security Income Documents You May Need When You Apply—2016
Edition, www.ssa.gov/ssi/text-documents-ussi.htm (last visited Feb. 6, 2017).
Social Security Administration, Understanding Supplemental Security Income Reporting Responsibilities—2016 Edition, www.ssa.
gov/ssi/text-report-ussi.htm (last visited Feb. 6, 2017).
Social Security Administration, Benefits After Incarceration: What You Need To Know, www.ssa.gov/reentry/benefits.htm (last visited
Feb. 6, 2017).
RCW 10.01.160(4). For more information, see Northwest Justice Project, Legal Financial Obligations (LFOs), www.washingtonlawhelp.
org/resource/legal-financial-obligations-lfos (last visited Feb. 21, 2017).

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City of Richland v. Wakefield, 186 Wn.2d 596, 380 P.3d 459 (2016); Washington Courts, General Rule 34(a)(3) (Dec. 28, 2010). GR 34
defines indigence for the purposes of court fees. The Wakefield decision confirms that courts should use GR 34 to determine if
someone is unable to pay LFOs.
RCW 26.19.071(4).
WAC 388-492-0020.
WAC 388-492-0030.
WAC 388-492-0050.
WAC 388-492-0080.
Social Security Administration, 2016 Red Book, www.ssa.gov/redbook/eng/overview-disability.htm (last visited Feb. 23, 2017).
Social Security Administration, Disability Planner: What We Mean By Disability, www.ssa.gov/planners/disability/dqualify4.html (lastvisited Feb. 28, 2017).
Social Security Administration, Disability Planner: How Much Work Do You Need?, www.ssa.gov/planners/disability/dqualify2.html(last visited Feb. 28, 2017).
Federal Interagency Reentry Council, Reentry Myth Buster! On Social Security Benefits, https://csgjusticecenter.org/
documents/0000/1056/Reentry_Council_Mythbuster_SSA.pdf, (last visited Feb. 2, 2017); Social Security, Entering theCommunity After Incarceration—How We Can Help, www.ssa.gov/pubs/EN-05-10504.pdf, (last visited Feb. 2, 2017).
Social Security, Entering the Community After Incarceration—How We Can Help, www.ssa.gov/pubs/EN-05-10504.pdf, (last visited
March 8, 2017).
Social Security, Entering the Community After Incarceration—How We Can Help, www.ssa.gov/pubs/EN-05-10504.pdf (last visited
Feb. 2, 2017).
Social Security Administration, Spotlight on Prerelease Procedure—2016 Edition, www.ssa.gov/ssi/spotlights/spot-prerelease.htm(last visited Feb. 6, 2017), email from Hannah Rosenburger, Directing Att’y, Disabled Homeless Advoc. Project, Seattle Comm.
Legal Ctr., to author (Aug. 7, 2016) (on file with author).
Id.
Social Security Administration, Disability Planner: How You Apply, www.ssa.gov/planners/disability/dapply.html (last visited Feb. 28,2017).
Social Security Administration, Apply Online For Disability Benefits, www.ssa.gov/applyfordisability/ (last visited Feb. 28, 2017).
Disability Benefits Center, How to Apply for Disability While in Jail, www.disabilitybenefitscenter.org/how-to/apply-for-disabilitywhile-in-jail (last visited Feb. 28, 2017).
NOSSCR, Referral Service, www.nosscr.org/helping-you/referral-service (last visited Aug. 3, 2017)
SCLC, Social Security Advocacy Project, http://seattlecommlaw.org/projects/social-security-advocacy-project/ (last visited Aug. 3,
2017)
Social Security Administration, Can You Get Disability If You’ve Been Convicted of a Felony Crime?, www.disabilitysecrets.com/getdisability-if-felony.html (last visited Feb. 28, 2017).
Social Security Administration, Disability Planner: Your Continuing Eligibility, www.ssa.gov/planners/disability/dwork.html (lastvisited Feb. 28, 2017).
RCW 10.01.160(4). For more information, see Northwest Justice Project, Legal Financial Obligations (LFOs), www.washingtonlawhelp.
org/resource/legal-financial-obligations-lfos (last visited Feb. 21, 2017).
City of Richland v. Wakefield, 186 Wn.2d 596, 380 P.3d 459 (2016); Washington Courts, General Rule 34(a)(3) (Dec. 28, 2010). GR 34
defines indigence for the purposes of court fees. The Wakefield decision confirms that courts should use GR 34 to determine if
someone is unable to pay LFOs.
RCW 26.19.071(4).
Employment Security Department of Washington State, Unemployment Benefits, https://esd.wa.gov/unemployment (last visited
Feb. 28, 2017).
Employment Security Department of Washington State, Basic Eligibility Requirements, https://esd.wa.gov/unemployment/basiceligibility-requirements (last visited Feb. 28, 2017).
RCW 50.06.030
Employment Security Department of Washington State, Were you laid off or fired?, https://esd.wa.gov/unemployment/laid-off-orfired (last visited Feb. 28, 2017).
Employment Security Department of Washington State, Unemployment benefits if you quit your job, https://esd.wa.gov/
unemployment/quit (last visited Feb. 28, 2017).
Employment Security Department of Washington State, Estimate your benefit, https://esd.wa.gov/unemployment/calculate-yourbenefit (last visited Feb. 28, 2017).
Employment Security Department of Washington State, Unemployment Benefits, https://esd.wa.gov/unemployment (last visited
Feb. 28, 2017).
Employment Security Department of Washington State, Have this information ready, https://esd.wa.gov/unemployment/have-thisinformation-ready (last visited Feb. 28, 2017).
Employment Security Department of Washington State, Unemployment Benefits, https://esd.wa.gov/unemployment (last visited
Feb. 28, 2017).

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Telephone interview with John Tirpak, Att’y, Unemployment Law Project (Aug. 4, 2017)
Employment Security Department of Washington State, How and when to file a weekly claim, https://esd.wa.gov/unemployment/
how-to-file-a-weekly-claim (last visited Feb. 28, 2017).
Employment Security Department of Washington State, Job search requirements, https://esd.wa.gov/unemployment/job-searchrequirements (last visited Feb. 28, 2017).
Employment Security Department of Washington State, Questions we ask on your weekly claim, https://esd.wa.gov/unemployment/
weekly-claim-questions (last visited Feb. 28, 2017).
Washington State Department of Social and Health Services Economic Services Administration, Aged, Blind, or Disabled Cash
Assistance Program, www.dshs.wa.gov/esa/community-services-offices/aged-blind-or-disabled-cash-assistance-program (lastvisited March 8, 2017).
Foodhelp.wa.gov, Basic Food/SNAP, http://foodhelp.wa.gov/basic_food.htm (last visited Feb. 21, 2017).
Id.
Id.
WAC 388.424.0020.
The Basic Food application form is available in several other languages besides English. For a full list, visit www.dshs.wa.gov/esa/
community-services-offices/basic-food.
WAC 388-452-0005.
WAC 388-490-0005.
WAC 388-442-0010.
WAC 388-452-0005.
WAC 388-418-0005.
WAC 388-444-0005.
RCW 10.01.160(4). For more information, see Northwest Justice Project, Legal Financial Obligations (LFOs), www.washingtonlawhelp.
org/resource/legal-financial-obligations-lfos (last visited Feb. 21, 2017).
City of Richland v. Wakefield, 186 Wn.2d 596, 380 P.3d 459 (2016); Washington Courts, General Rule 34(a)(3) (Dec. 28, 2010). GR 34
defines indigence for the purposes of court fees. The Wakefield decision confirms that courts should use GR 34 to determine if
someone is unable to pay LFOs.
RCW 26.19.071(4).
ParentHelp123 Resource Finder, The Nutrition Program for Women, Infants and Children, https://resources.parenthelp123.org/
services/wic-nutrition-program-for-women-infants-children (last visited Feb. 23, 2017).
Washington State Department of Health, WIC Eligibility, www.doh.wa.gov/YouandYourFamily/WIC/Eligibility (last visited Feb. 23,2017).
ParentHelp123 Resource Finder, The Nutrition Program for Women, Infants and Children, https://resources.parenthelp123.org/
services/wic-nutrition-program-for-women-infants-children (last visited Feb. 23, 2017).
Washington State Department of Health, Farmers Market Nutrition Program (FMNP), www.doh.wa.gov/YouandYourFamily/WIC/
FarmersMarket (last visited Feb. 23, 2017).
Washington State Department of Health, Apply for WIC in Two Easy Steps, www.doh.wa.gov/YouandYourFamily/WIC/ApplyforWIC(last visited Feb. 23, 2017).
Id.
Washington State WIC Nutrition Program, Rights and Responsibilities, www.doh.wa.gov/Portals/1/Documents/Pubs/962-010RightsAndResponsibilitiesForm.pdf (last updated Nov. 2012).
United States Department of Agriculture Food and Nutrition Service, The Emergency Food Assistance Program (TEFAP), www.fns.
usda.gov/tefap/emergency-food-assistance-program-tefap (last updated Feb. 3, 2017).
Washington State Department of Agriculture, The Emergency Food Assistance Program (TEFAP), http://agr.wa.gov/FoodProg/TEFAP.aspx#Who (last updated Feb. 3, 2017).
Washington State Department of Agriculture, Commodity Supplemental Food Program (CSFP), http://agr.wa.gov/FoodProg/CSFP.
aspx (last updated Feb. 3, 2017).
Washington State Department of Social and Health Services Economic Services Administration, Housing and Essential Needs (HEN)
Referral, www.dshs.wa.gov/esa/program-summary/housing-and-essential-needs-hen-referral (last visited March 8, 2017).
WAC 388-400-0070.
WAC 388-406-0010.
Washington State Department of Social and Health Services Economic Services Administration, Housing and Essential Needs (HEN)
Referral, www.dshs.wa.gov/esa/program-summary/housing-and-essential-needs-hen-referral
U.S. Department of Housing and Urban Development, Housing Choice Vouchers Fact Sheet, https://portal.hud.gov/hudportal/
HUD?src=/topics/housing_choice_voucher_program_section_8 (last visited March 9, 2017).

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Chapter 13: Outstanding Warrants
The Bottom Line:•

A warrant is a court order allowing the police to arrest a person. If you have outstanding warrants, you musttake steps to resolve them. They will not go away on their own, and if you have an outstanding warrant, you
can be arrested at any time.

•

It is not always easy to find out about your outstanding warrants. If you have ever missed a court date,there is a good chance you have an outstanding warrant (you could also have warrants for other reasons,like violating your DOC supervision requirements or failing to pay child support). If you know what court
issued your warrant, you should contact the court clerk. Otherwise, you can attempt to get information
about your criminal history in other ways. See sections 2-4 for some more specific ideas on how to trackdown your warrants.

•

Once you find out about a warrant, you will want to get rid of it (also known as "quashing" the warrant).
The easiest way to quash a warrant is to pay the bail or post a bond. See section 5 for more information
on quashing your warrant. After you take initial steps to quash the warrant, the court clerk will schedulea "quash hearing" to make a determination about your warrant. Do not miss your court date; if you do,another warrant could be issued against you. See sections 6-9 for information on what to expect at yourquash hearing.

•

Note that quashing the warrant only deals with the warrant itself; it does not resolve the underlying case,and quashing the warrant will not make the underlying case go away. For example, if you have a warrant
for failing to pay child support, you may have the warrant quashed, but you will still need to deal with youroutstanding child support obligations. You may wish to consult an attorney before you go to court, anddepending on the status of your underlying case, you may be entitled to a public defender. At your hearing,
make sure you understand what you have to do to resolve your underlying case, and be sure not to missany future court dates.

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OUTSTANDING WARRANTS
Introduction
Unresolved warrants can make your successful reentry very difficult. For example, warrants may prevent you
from getting a driver’s license, or make you ineligible for some government programs such as food stamps
or health care. An outstanding warrant may also affect your ability to find housing or a job when you arereleased. It is important to find and resolve outstanding warrants as soon as possible so that you can put thembehind you. If you don’t, you can be arrested at any time.

Gathering Information About Your Outstanding Warrants
1. What is an outstanding warrant?
A warrant is a court order allowing the police to arrest a person. In general, there are four main reasons that awarrant might be issued:•

You have been officially charged with a serious felony. This type of warrant will be issued without notice
to you. If you are in custody in a different jurisdiction then you will be transported to face those charges
when you are “released” by the first jurisdiction.

•

You have missed a court date on a criminal case. For minor crimes you may be released to the community
even with an active warrant in a different jurisdiction. This is why it is important to search for possible
warrants when you are released.

•

You have violated Department of Corrections supervision requirements. These warrants are usually
issued directly by the Department of Corrections, not the court. You will usually be transported to theissuing jurisdiction if you have this type of warrant. If you are not on active DOC supervision, this type of
warrant can’t be issued for you.

•

In rare cases, a warrant may be entered for failing to pay child support. This type of warrant can’t be
issued without notice to you. If you have this type of warrant you may be released into the community
without being transported.

2. How can I find out about my outstanding warrants?
Unfortunately, it is not always easy to find out about your outstanding warrants. Once you know if and where
you have outstanding warrants, you must take steps to resolve them. This section deals only with warrants inWashington State. For information on out-of-state or federal warrants, see section 3.
There isn’t one single place to check for warrants, but here are a number of options that might help, dependingon the type of warrant that you have:•Contact the court. If you know what court issued your warrant, then you can contact the court or the publicdefender directly. If you aren’t sure which court issued the warrant, you can think about where you werewhen the alleged crime was committed. If you were in a city, then your case could be in Municipal Court(city court) for that city, or in the District Court (county court) for the particular county. If you were notwithin any city when the alleged crime was committed, then the case would be in the District Court forthe county. If the alleged crime is a felony, then it would be in the Superior Court for the county where thealleged crime was committed, regardless of whether you were inside a city or not.

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Have someone search the Judicial Information System (JIS) for any warrants. Most courts that handle
minor criminal cases (misdemeanors), use JIS to keep their court records. Most court staff, prosecutors, andpublic defenders have access to this system. Also, some courts have terminals in the court house where thepublic can access it. If you are in jail, ask your jail counselor, other jail staff, or your public defender if they
can search JIS for warrants for you.

•

Search your criminal record. If you didn’t have any luck contacting the court, or you aren’t sure which court
to contact, you could try looking at your own criminal record. There are a few ways to access your criminal
record (see the Criminal Records and Background Checks chapter for details). At the very least, running
your criminal record will show you where you have active or resolved cases in Washington, so you know
which courts to contact. As a last resort, you could contact a local police or sheriff’s office to see if they
have a warrant for your arrest on file.

•

Contact the Division of Child Support. If you have unpaid child support, and especially if you have been
served with contempt of court documents, then you can contact the Division of Child Support to see if yourcase has been referred to the county prosecutor for contempt. If it has, you can contact the prosecutor’s
office (or your public defender if one has been appointed) to see if you have a warrant and, if you do, findout what you need to do to get it quashed.

•

Contact the Department of Corrections. If you are on active DOC supervision and have not been in touchwith your Community Corrections Officer, you can contact him/her to find out if you have a warrant andwhat you can do to get it quashed.

3. How can I find outstanding warrants in other states or federal jurisdictions?
Just as in Washington, if you have warrants in another state, or in a federal court, contacting the court thatissued the warrant may be a good place to start. If you aren’t sure which court issued the warrant, but know
which state it is in, then the Washington State Patrol provides a link to a list of State Bureaus of Identification.
These offices may be able to help you find out if you have warrants in their state: https://fortress.wa.gov/wsp/
watch/UserContent/FAQ/statebureaus.pdf.
If you aren’t sure which states may have warrants for you, or if you just want the most complete backgroundcheck possible, you can request that the Federal Bureau of Investigation (FBI) run a background check using
your fingerprints. This will get you a list of all cases anywhere in the country that have been reported to the FBI(which all courts are supposed to do). In order to request an FBI background check, follow the instructions at
www.fbi.gov/services/cjis/identity-history-summary-checks. You will have to fill out an application form andhave your fingerprints taken on Fingerprint Form FD-258 (available at www.fbi.gov/file-repository/standardfingerprint-form-fd-258-1.pdf/view). You can find a fingerprinting location by visiting http://myfbireport.com/
locations/index.php and entering your zip code. Your FBI background check may not tell you if you have active
warrants in every case, but it will give you all of the cases that you have in any state, and you can then contact
the courts in each case to see if you have warrants.
When checking for warrants in other states, you may also consider doing a search for any outstanding federal
matters. For information regarding federal matters, you may want to have your correctional officer or attorney
contact the FBI. If you would like to submit your own request directly to the FBI you need to complete an
Applicant Information Form, provide your fingerprints on Fingerprint Form FD-258 (see above for information
about how to get your fingerprints taken), and submit a payment of $18 by money order or certified checkmade payable to the Treasury of the United States to:245

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FBI CJIS Division – Summary Request
1000 Custer Hollow Road
Clarksburg, WV 26306
A copy of your background and identity summary request will be sent to the address that you provided in the
Applicant Information Form. The Applicant Information Form and the Standard Fingerprint Form are accessibleon the FBI webpage on background checks.
When performing warrant searches, it is important to include all previous names you may have used, suchmaiden names or alias names.

4. What if I have outstanding warrants in multiple jurisdictions?
Dealing with simultaneous warrants in multiple jurisdictions is tricky because many jurisdictions have madeagreements with each other that they will transport people who are are arrested in one jurisdiction but haveoutstanding warrants in another. You can be held and transported even if the original warrant you were arrested
for was quashed.
For example, suppose you have outstanding warrants in King County and Pierce County, and you are arrested
in Seattle on the King County warrant. While you are in custody, King County law enforcement will discover
your Pierce County warrant, and will probably have an arrangement with Pierce County law enforcement totransport you to their custody after your King County warrant is resolved. Even if your King County warrant is
eventually quashed, you will not be released; instead, you will be held until you can be transported to Pierce
County. Now imagine you also have a third outstanding warrant in Snohomish County – in this case, after you
are transported to Pierce County and that warrant is resolved, you will have to remain in custody until you canbe transferred again to deal with the Snohomish County warrant.
The transport process can result in you spending a significant amount of time in jail – sometimes even longer
than you would have if you had just been convicted and sentenced for all of the warrants in the first place.
The situation is complicated even further by the fact that you will have a different public defender in eachjurisdiction, and each public defender is only responsible for the case in his or her jurisdiction.
Unfortunately, this is a complicated problem and there are not many organizations that can help you solve
it. Open Door Legal Services (ODLS), the free legal clinic operated by the Union Gospel Mission, provides
assistance on these types of cases and may be able to help you. For more information on ODLS, contact David
Mace at (206) 682-4642 or by emailing dmace@ugm.org.

Dealing with Outstanding Warrants
5. What does it mean to “quash” a warrant?
Quashing a warrant simply means removing the warrant from the system so that you can no longer be arrested.
There are a number of ways to get your warrant quashed:•

Pay the bail. This is the easiest and fastest way to get your warrant quashed. A warrant usually has a bailamount on it. If you pay that amount to the court, then the clerk will quash the warrant and give you a newhearing. If you keep coming back to court, you (or the friend who posted it) get the bail money back at
the end of the case. Of course, if you don’t have the money to post bail, then you will have to look at otheroptions for quashing the warrant.

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Post a bond. This can also be done relatively quickly. If you don’t have the money to pay the full bailyourself, you can hire a bonding agent to post a bond for you. This usually costs ten percent of the bailamount. So if the bail on the warrant is $5,000, you would have to pay the bonding agent around $500.
You may also have to allow them to put a lien on property (like a car or a house) for the full amount of thebail. Then, if you make all your court dates, the bond will be cancelled. If you miss any court dates, then thebond could be forfeited by the court, and you may have to pay more money to the bonding agent. Bonding
agents charge different rates, so it is important to shop around if possible.

•

Go to a “quash calendar.” For minor warrants, many courts have a system in place to allow people to quash
their warrant without posting bail or requesting a hearing. Courts may call these by different names, butmany call them “quash calendars.” The process will be different from court to court, but usually it involvescontacting the court in advance to tell them that you want to be added to the calendar, then showing up at
the court at a scheduled time to ask that the warrant be quashed. At the hearing you will be given a chance
to tell the judge why you think your warrant should be quashed. If the judge agrees, you will be given a
new hearing date and a chance to get a public defender. If the judge does not agree, it is possible thatyou could be arrested, or the judge could allow you to leave and tell you that you need to post bail. Somecourts charge a fee to be put on the quash calendar, but many of those courts will waive the fee if you can’t
afford it. If you have access to your public defender, you should talk to him or her before going to a quash
calendar. To find out if the court that issued your warrant has a quash calendar, you can contact the clerk.
The Washington Courts website has a directory with contact information for all of the courts online: www.
courts.wa.gov/court_dir/courtdirectory.pdf.

•

File a motion to quash the warrant. Even if the court does not have any type of “quash calendar,” you
can still file a motion to quash the warrant. You do this by filing the motion, serving the prosecutor on thecase, and setting a hearing date. If the court grants the motion, then the warrant will be removed from thesystem, and you will be given a new court date without having to post any bail. However, if the motion isdenied then you may be taken into custody at the hearing. Since this process can be complicated and risky,
you should always talk to your public defender before filing a motion to quash provided that the court will
let you talk to your public defender while your warrant is still active.

•

Turn yourself in. In rare circumstances the court may set a “no bail” warrant, or set a warrant with a highbail amount and instructions not to quash it. This usually happens for very serious violations, or if you failed
to report to jail for a jail sentence. In those cases, the only way to resolve the warrant is to turn yourself
in (also known as surrendering), in which case you will be given a hearing after you are booked into thejail. There is still an advantage to surrendering instead of waiting to be arrested, since you can control thetiming and prepare for the hearing before you surrender.

6. How do I prepare to quash my warrant?
The first thing to understand about quashing an outstanding warrant is that you will need to come to court
again to resolve the case. At the quash hearing the court will usually be deciding whether or not to quash
your warrant, not how to resolve the other issues in your case. If the court quashes your warrant, but you missanother hearing, a new warrant will be issued, and the court will be less likely to quash that warrant. So don’t
quash your warrant until you are sure that you will be able to go back to court for the next hearing. Once you
have that worked out, here are some other things that you can do to prepare:•

Contact your public defender. Many courts in Washington will not allow you to speak to a public defenderuntil after your warrant is quashed. But you should still try, because it can be very helpful in courts where
it is allowed. In order to find out how to contact your public defender, you can call the court using thecourt directory available at www.courts.wa.gov/court_dir/ or you can search online using the name of the247Chapter 13: Outstanding Warrants

court and the term “public defender” (so if your warrant is out of Tukwila Municipal Court, you can searchfor “Tukwila Municipal Court public defender” and follow the link to get a phone number and/or email
address). Public defenders can sometimes be hard to reach. You may need to call them every day until you
are able to get an answer as to whether or not they can help you quash your warrant.
•

Find all of the warrants in the system. The last thing that you want is to go to court to quash one warrant,
only to be arrested on a different warrant that you didn’t know about. For this reason, you should do yourbest to find out about all of your warrants before going to court for a quash hearing. For more information
about how to search for warrants, see sections 2-3 above. If you do have warrants in more than one
jurisdiction, see section 4 above.

•

If your warrant is for missing a court date, find out what the hearing that you missed was about. Whether
the court quashes your warrant, and what happens afterward, can depend a lot on why you were ordered
to go to court in the first case. If the hearing that you missed was for violating probation, for instance, then
you can find out why the court thinks that you violated probation. If you were ordered to do community
service and the court doesn’t have proof that you did it, then you can bring that proof to your quash
hearing. If you can’t get this information from the public defender, you may be able to get it by contacting
the court clerk or the probation department.

•

Gather any evidence that you have of positive things that you are doing. Evidence that could help yourcase could include things like paystubs to show that you have a job that you might lose if your warrant isn’t
quashed, proof that you have a driver’s license now if you didn’t have one before, a letter from a counseloror case manager saying that you are doing well, proof that you are in an addiction recovery program if
your crime was drug or alcohol related, and so on. These things might be helpful, even if the court did not
directly order you to do them.

7. What should I expect at a hearing on my request to quash or recall an outstanding
warrant?
No one can predict exactly what will happen at your hearing. However, there are a few general things thatyou can expect. Note that this is a rough overview, and the procedure will vary based on the court. For more
specific details about Superior, District, and Municipal court processes and how they may differ from this broad
overview, see the next two sections.
If the warrant was issued because you missed a court date, you will have to explain to the court why you missed
it. Giving the court a good reason is important, and like everything you say in court, it is important that it is true.
If your case is at the “pre-disposition” stage, it means you have been charged with a crime, but have not been
convicted. In this situation, you will have to decide whether you want to go to trial or plead guilty. Please consult
an attorney before you make that decision because you are giving up almost all of your rights if you do not go totrial! The court will refer you to a public defender if you cannot afford an attorney. You will come back to court
again after consulting with the attorney. Do not miss any future court dates.
If your case is at the “post-disposition” stage, it means that you are on probation, and have been accused offailing to comply with one or more of the terms of your probation (for example, you did not pay a fine or meetwith your probation officer).
If the warrant was issued because you are facing a new charge (an indictment, information, or complaint), you
should consult a lawyer before you go to court. In general, a charge is “new” if you have not yet entered a Not
Guilty plea. An attorney can explain your options, what the next steps are, and may be able to tell you if you will
be taken into custody when you appear.

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8. What is different about warrants in Superior Courts?
There is one Superior Court in each county in Washington. Superior Courts have exclusive jurisdiction overfelony cases.
Felony offenses are defined generally as offenses that carry more than one year of jail as a possible maximum
punishment. For these reasons, bail amounts tend to be much higher in Superior Court cases. In Superior
Court cases, you should be given access to a public defender even if you have an active warrant. You should
contact your lawyer before you try to address an outstanding Superior Court warrant. Your lawyer will know
the procedure, can explain your options to you, and may also be able to file a motion to quash the warrant on
your behalf.

9. What is different about warrants in District and Municipal Courts?
District and Municipal Courts hear gross misdemeanor and misdemeanor offenses. District Courts are basedin each county, and Municipal Courts cover smaller jurisdictions like cities. Some counties have more than one
District Court, which are referred to as “divisions” (for example, King County District Court, Issaquah Division).
Each of these courts has its own procedure about how to recall a warrant.
Some District or Municipal Courts have limited business hours, or they are closed for lunch, or only operate on
certain days of the week. The best place to check when the court is open is on the court’s website, if there isone. Otherwise, call the clerk to find out.

Resources
Finding information about outstanding warrants:•

To contact a court where you think you may have an outstanding warrant, use the Washington State Court
Directories by visiting www.courts.wa.gov/court_dir/ or www.courts.wa.gov/court_dir/courtdirectory.pdf(for PDF form).

•

To search court case records or to look up your court date, use the Washington Courts case search tool byvisiting https://dw.courts.wa.gov.

•

If you think you may have an outstanding warrant in another state, you can find contact information for otherstates’ Bureaus of Identification at https://fortress.wa.gov/wsp/watch/UserContent/FAQ/statebureaus.pdf.

Resources to help you deal with outstanding warrants:•

Open Door Legal Services, the free legal clinic run by Union Gospel Mission, provides assistance in dealing
with outstanding warrants. For more information, contact:»» David Mace, Director: (206) 682-4642 or dmace@ugm.org

Glossary
Bail: A sum of money (the amount will be specified in your warrant) that you can deposit with the court as aguarantee that you will appear at your court dates. If you make all of your court dates, you will receive the bailmoney back when the case is resolved.

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Bond: If you cannot afford to pay bail, you can hire a bonding agent to post bond for you. In return, you will
pay the bonding agent some percentage of the bail amount, usually ten percent.
Jurisdiction: A geographic area (like a city or a county) in which a particular court has authority to make rulings.
“No bail” warrant: A warrant issued without any bail amount. The person arrested cannot post any bail andwill not be released until the court orders it.
Quashing a warrant: To reject or void the warrant. If a warrant is quashed, it means it is no longer active
because the court that issued it has recalled it.

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Chapter 14: Restoring Your Civil
Rights After Incarceration
The Bottom Line:•

Incarceration suspends a number of your civil rights, including your right to vote, serve on a jury, holdpublic office, own a firearm, and travel to other countries. Going to prison may also restrict your right tohold occupational licenses for certain jobs; for more information on lifting these employment restrictions,see the Criminal Records and Background Checks chapter.

•

Once you are no longer under Department of Corrections supervision, your right to vote is automatically
restored. In order to actually vote, you must get registered. The process of registering to vote is described
below in section 6.

•

To restore your right to serve on a jury or run for public office, you must complete all the terms of yoursentence, including paying off any and all legal financial obligations (LFOs), and obtain a “Certificate ofDischarge” (COD) from the court. More information on how to obtain a COD is in section 7. Note that a COD
does not restore your right to possess a firearm.

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RESTORING YOUR CIVIL RIGHTS AFTER INCARCERATION
Introduction
In Washington, if you are convicted of a felony, you lose several important civil rights, including the right tovote, own a firearm, serve on a jury, run for public office, and travel to other countries.1 Fortunately, a number ofthese rights can be restored. This chapter provides detailed information about when and how your right to vote
is restored, as well as instructions on how you can regain your right to serve on a jury or run for office after you
have been convicted of a felony. This guide does not squarely address the issue of restoring your right to travelinternationally, but you can find information on getting a U.S. Passport in the Identification chapter.

Restoring Your Right to Vote
1. Can I vote while I am incarcerated?
While you are serving your sentence in jail or prison for a felony conviction, you are ineligible to vote.2 Individuals
convicted of a felony are also ineligible to vote while under the authority of the Washington State Departmentof Corrections (DOC).3

2. What kinds of convictions affect my right to vote?
Only felony convictions affect your right to vote.4 If you were convicted of a misdemeanor or a grossmisdemeanor, you can still vote.5 A conviction in juvenile court does not affect your right to vote, regardless ofwhether the judgment was for a misdemeanor or felony.6
Note that the Washington Secretary of State screens the list of registered voters for ineligible felons.7 If you
are registered to vote, but are not eligible because of a felony conviction, the Secretary of State will send you aletter explaining that your voter registration will be cancelled.8 That letter will also provide you with information
on how to restore your right to vote.9 For more detailed instructions, visit the Washington State Department ofLicensing (DOL) website: www.dol.wa.gov/driverslicense/voter.html.

3. How do I restore my right to vote?
You do not need to do anything to restore your right to vote—the right will be restored automatically when
you meet certain conditions. If you were convicted in a federal court, or in any state other than Washington,
you right to vote is automatically restored as soon as you are no longer incarcerated. If you were convicted ina Washington State Court, your right to vote will be automatically restored as soon as you are no longer under
the authority of the DOC. “Under the authority of the DOC” means serving a sentence in jail or prison or subject
to community custody.10 This means that once you have completed any required incarceration and/or DOC
community custody, your right to vote is restored.
Because your right to vote is restored automatically, this means that you do not have to pay all of your legal
financial obligations (LFOs) or obtain a Certificate of Discharge (COD) in order to vote.

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4. How do I find out if I am “on community custody”?
The best way to learn whether you are on community custody is to call the DOC. You can contact the DOC Voting
Hotline at (800) 430-9674. When you call, leave a message on the voice mail system and ask whether you havean open or active DOC file. Be sure to include your name, your DOC number, and your contact information inyour message. Someone from DOC will return your call to confirm whether your DOC file is open.
If they say you do not have an “open” or “active” DOC file, you are eligible to register to vote. If they say you dohave an open or active file, ask for the name and phone number of your Community Corrections Officer’s (CCO)
supervisor, and call the supervisor. Ask the supervisor if you are currently on community custody. If they say“yes,” your right to vote is not restored until you are done with community custody.
Note: It is important to check your status before registering to vote—it is a felony to vote if you are not legallyeligible to vote.

5. If my right to vote is restored, am I automatically registered to vote?
Even though your right to vote is restored, you need to register to vote. This is likely the case even if you
registered or voted before your felony conviction.

6. How do I register to vote?
Once your right to vote is restored, you must register in order to receive a ballot. Please note that even if you
were registered to vote before your felony conviction, you must re-register after you regain the right to vote;your conviction cancelled your former registration. There are several ways that you can register to vote:•

Register to vote online at the Washington Secretary of State’s website: https://weiapplets.sos.wa.gov/
MyVote/#/login.

•

Request voter registration forms by mail. You can request or print a registration form (Form C) from theSecretary of State’s website: www.sos.wa.gov/elections/register-mail.aspx. Registration forms are provided
in: English, Chinese, Spanish, Cambodian, Korean, Laotian, Russian, and Vietnamese.

•

Register to vote in person at several government offices, including: (1) the Secretary of State’s office; (2)the County Auditor’s office; (3) public libraries; (4) post offices; or (5) the DMV.11

When you register to vote, you will need to provide the following information:•

Your name;•Your date of birth;•Your gender;•Your former address if you were previously registered to vote;•

The address of your current residence or mailing address (if different from residence);•

One of the following pieces of identification:»» A driver’s license or state ID card;»» The last four digits of your Social Security number;

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Chapter 14: Restoring Your Civil Rights After Incarceration»» Another valid photo ID;»» A valid tribal ID of a federally recognized Indian tribe in Washington State;»» A copy of a current utility bill, bank statement, government check, or paycheck; or»» A government document that shows both your name and address;•

Your oath12 and signature.13

You will also need to certify that you are at least 18 years old (or will be by the next election) and that you are
a U.S. citizen.
For more information on registering to vote, please visit the Secretary of State’s website: www.sos.wa.gov/
elections/voters/. If you need assistance registering to vote, please call the Elections Division of the Secretary ofState at (360) 902-4180. You can check your voter registration status online at https://weiapplets.sos.wa.gov/
MyVote/#/login or by calling your local election official.

7. How far in advance of the election do I need to register?
If you register by mail, you must mail your registration application on or before the 29th day before Election
Day.14 You can also register in person up to eight days before Election Day.15

8. Can I vote by mail?
All Washington voters vote by mail.16 Eighteen days before Election Day, a ballot will be mailed to the addressthat you listed on your registration form.17 If you lose your ballot or never receive one, you can request a
replacement ballot.18 If you mail your ballot, it must be postmarked by Election Day.19 You can also drop yourballot in a drop-box, located at your voting center.20 A list of voting centers is available online: www.sos.wa.gov/
elections/voters/.

9. Can I vote in person?
If you did not obtain your ballot in the mail, you can also obtain a ballot by visiting a voting center.21 A list of
voting centers is available online: www.sos.wa.gov/elections/voters/. Voting centers are open 18 days before
Election Day and close at 8:00 p.m. on Election Day.22 If you pick up your ballot in person you must sign a ballot
declaration or provide valid photo identification.23 Valid photo identification may be a driver's license, passport,
state identification card, student identification card, tribal identification card, or employer identification card.24

10. Can I still vote, even if I don’t have a permanent address?
You can still vote even though you do not have a traditional residential address.25 Specifically, Washington State
permits anyone to vote who resides in a “shelter, park, motor home, marina, or other identifiable location.”26 To
be eligible to vote, you must have lived in that location for at least 30 days before the election.27 You also must
provide a valid mailing address. Your ballot will be mailed to that address. If you do not have an address where
you can reliably receive mail, you can have your mail sent to the United States Postal Service General Delivery.
This address takes the form of:[Your name]
GENERAL DELIVERY[Your town], WA [Zip code]-9999.

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For more information on using USPS General Delivery, visit the USPS website: www.usps.com/manage/
forward.htm.

Restoring Your Other Civil Rights
11. How do I restore my other civil rights after I am released?
As noted above, your right to vote will be restored automatically once certain conditions are met. However,other civil rights, such as the right to serve on a jury or run for public office, were limited while you wereincarcerated. If you want to permanently restore these civil rights, you need to obtain a Certificate of Discharge(COD). You are eligible for a COD once you have completed all of the requirements of your sentence, including
paying all LFOs.28
In theory, once you complete the requirements of your sentence, the DOC must notify the sentencing court,
which must then provide you with a COD.29 However, the court may fail to automatically issue the COD so you
should be proactive.
Instead of waiting for the court to issue a COD, you can petition the court for a COD.30 You can print out apetition for a COD (Form A) from the Washington Courts’ website: www.courts.wa.gov/forms/?fa=forms.
contribute&formID=43. To complete that form, you will need to provide the following:•Your name;•Your criminal case number;•Your signature, testifying that you completed all the requirements of your sentence;•

The signature of the County Clerk confirming that you paid all outstanding principal, interest, and fees;and either•

The signature of the DOC officer who handled your community custody or supervision; or•Proof that you completed all of the requirements of your conviction (example: certificate of completion ofsubstance abuse treatment program).

For more information on obtaining a COD, please visit the Washington Courts’ website: www.courts.wa.gov/
forms/?fa=forms.contribute&formID=43.
Note: A COD only restores certain civil rights, like the right to serve on a jury or run for public office. A COD
does not: (1) restore your right to possess firearms or ammunition under state and federal law; (2) remove a
conviction from your record; (3) remove any domestic violence restriction; or (4) remove any obligation toregister as a sex offender.
Also, note that if you were convicted of a felony in another state or if you were convicted of a felony before
July 1, 1984, then you need to follow a special procedure to permanently restore your right to vote.31 You should
contact an attorney for assistance with that process.

12. Can I still get a Certificate of Discharge (COD) if I have a “no-contact order”?
You can still obtain a COD even though you have a “no-contact order.”32 A “no-contact order” is an order thatprohibits you from having contact with a specific individual or business or from coming within a set distance ofa specific location.

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If you have a no-contact order as part of your sentence, you must petition the sentencing court to issue botha COD and a separate no-contact order.33 You can print out a petition for a no-contact order (Form B) from
Washington Courts’ website: www.courts.wa.gov/forms/?fa=forms.contribute&formID=43.

13. How do I serve on a jury?
A jury is a panel of lay people that decides the outcome of a trial or other legal proceeding. Being selected forjury service is a two-step process. First, a computer system randomly selects people from the state’s records.
Second, the state mails those randomly selected people a short questionnaire to check whether each person iseligible for jury service. Assuming you are eligible, you then become part of a “jury pool”—a group of citizens
from which juries are chosen.
It is important to remember that you are legally required to respond to a jury questionnaire and you are required
to appear in person if you receive a jury summons.34
If you are interested in learning more about jury service please review the Washington Courts’ Juror’s Guide
online: www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.jury_guide.

14. What should I do if I get a jury questionnaire, but I am not eligible to serve on a jury?
If you receive a jury questionnaire but are ineligible, all you need to do is fill out the questionnaire. The
questionnaire will ask whether you have been convicted of a felony and whether your civil rights have not been
restored. If you have been convicted of a felony and have not restored your civil rights, just indicate that on
the questionnaire, and return the questionnaire. The state will then know that you are ineligible for jury service.
Even if you are not eligible, you are still required by law to fill out and return the questionnaire.35

Resources
Resources related to your voting rights:•

Elections & Voting: Dates and Deadlines, Washington Secretary of State, http://wei.secstate.wa.gov/osos/
en/voters/Pages/dates_and_deadlines.aspx•

Elections & Voting: Felons and Voting Rights, Washington Secretary of State, https://wei.sos.wa.gov/
agency/osos/en/voters/pages/felons_and_voting_rights.aspx•

Elections & Voting: Voter, Washington Secretary of State, www.sos.wa.gov/elections/voters/•

MyVote, Washington Secretary of State, https://weiapplets.sos.wa.gov/MyVote/#/login•

Requesting Voter Registration Forms By Mail, Washington Secretary of State, www.sos.wa.gov/elections/register-mail.aspx•

Voter Registration, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/voter.html

Resources related to jury service and Certificates of Discharge:•

A Juror’s Guide, Washington Courts, www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.jury_guide•

Court Forms: Certificate of Discharge/Provisional Voting Rights, Washington Courts, www.courts.wa.gov/
forms/?fa=forms.contribute&formID=43

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Glossary
Certificate of Discharge (COD): A document issued by a court certifying that all requirements of a person’s
sentence, including payment of any and all legal financial obligations, has been completed.
Community Corrections Officer (CCO): The people supervising inmates in the community. These individuals
are supposed to provide guidance, support and program opportunities for all inmates returning to thecommunity; ensure inmates are accountable to the conditions of their release from incarceration as theytransition back into the community; and collaborate with community stakeholders who have a vested interestin the successful reentry of inmates.
Juror questionnaire: A short questionnaire that is mailed to people to determine whether they are eligible forjury service. If you are eligible, you will be added to the jury pool and may receive a summons to serve on ajury. If you receive a questionnaire, you are required by law to fill it out and return it.
Jury summons: A notice you receive in the mail instructing you to appear for jury service. If you receive asummons, you are required by law to appear.
Legal Financial Obligations (LFOs): Court-ordered payment of a legal financial obligation that may be partof an offender’s sentence.
Social Security Number: Unique nine-digit number assigned by the Social Security Administration andprovided to every United States citizen, permanent resident, or temporary working resident.
Washington State Department of Corrections (DOC): The Washington State Department of corrections
manages all state-operated adult prisons and supervises adult inmates who live in the community.
Washington State Department of Licensing (DOL): Agency responsible for, among other things, licensing
and regulating drivers, registering vehicles, etc. for Washington State. 4852-1337-1986, v. 2_______________________________
1
2
3
4
5
6
7
8
9
10
11
12

13
14

The Washington State Constitution provides that: “All persons convicted of infamous crimes . . . are excluded from the elective
franchise.” Wash Const. art. VI, § 3. See also Farrakhan v. Gregoire, 623 F.3d 990, 994 (9th Cir. 2010) (en banc) (the automatic
disenfranchisement of felons is not a violation of the Voting Rights Act).
See Wash Rev. Code §§ 29A.08.520(1), (7).
Id.
See Wash Const. art. VI, § 3; Madison v. State, 163 P.3d 757, 763 (Wash. 2007); State v. Collins, 124 P. 903 (Wash. 1912).
See Madison v. State, 163 P.3d 757, 763 (Wash. 2007). A misdemeanor is generally an offense punishable by a fine of no more than
$1,000 and up to 90 days in jail. Wash. Rev. Code. § 9A.20.021(3). A gross misdemeanor is a crime punishable by no more than a$5,000 fine and up to one year in jail. Wash. Rev. Code. § 9A.20.021(2).
See Elections & Voting: Felons and Voting Rights, Office of the Secretary of State, https://wei.sos.wa.gov/agency/osos/en/voters/
pages/felons_and_voting_rights.aspx (last visited Nov. 1, 2017); see also Wash. Rev. Code § 29A.08.520.
Wash Rev. Code § 29A.08.520(5).
Id.
Id.
Wash. Rev. Code. § 29A.08.520(7).
Wash. Rev. Code § 29A.08.340.
Wash. Rev. Code § 29A.08.230. The oath states: "I declare that the facts on this voter registration form are true. I am a citizen of theUnited States, I will have lived at this address in Washington for at least thirty days immediately before the next election at which
I vote, I will be at least eighteen years old when I vote, I am not disqualified from voting due to a court order, and I am not under
department of corrections supervision for a Washington felony conviction."
Wash. Rev. Code § 29A.08.210.
Elections & Voting: Dates and Deadlines, Washington Secretary of State, http://wei.secstate.wa.gov/osos/en/voters/Pages/dates_
and_deadlines.aspx (last visited Nov. 1, 2017).

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15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35

Wash. Rev. Code § 29A.08.140(1)(b).
Wash. Rev. Code § 29A.40.010.
Wash. Rev. Code § 29A.40.070(1).
Wash. Rev. Code § 29A.40.070(2). You can request a replacement ballot by phone, fax, or email, or in person.
Wash. Rev. Code § 29A.40.091.
Wash. Rev. Code § 29A.40.160(2).
Wash. Rev. Code §§ 29A.40.160(1), (2).
Wash. Rev. Code § 29A.40.160(1).
Wash. Rev. Code § 29A.40.160(7).
Wash. Rev. Code § 29A.40.160(7)(b).
Wash. Rev. Code § 29A.08.112.
Id.
Id.; see also Wash. Const. art. VI, § 1.
Wash. Rev. Code. § 9.94A.637(1)(a). For some very old convictions, a person may be entitled to a discharge notwithstanding
nonpayment of legal financial obligations if such legal financial obligations have become unenforceable due to lapse of time. See
State v. Gossage, 195 P.3d 525 (2008).
Wash. Rev. Code. §§ 9.94A.637(1)(a), (b).
State v. Johnson, 148 Wash. App. 33 (2008), permits retroactive dating of a COD to the time the court receives notice that theoffender completed the requirements of his or her sentence.
See Wash. Rev. Code. § 29A.08.520(6).
Wash. Rev. Code. § 9.94a.637(2)(a).
Wash. Rev. Code. § 9.94a.637(2)(b).
See Wash. Rev. Code. § 2.36.170.
See Wash. Rev. Code. § 2.36.170.

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Chapter 15: Transportation andGetting Around
The Bottom Line:•

When you are released, you will need to be able to get around. The primary ways to travel are by using public
transportation (i.e. buses, trains, etc) or by driving your own car. If you are on Apple Health (Medicaid), you
may be also be eligible for transportation assistance to help you get to and from doctor's appointments.

•

Public transportation is regulated at the county level, so the routes, timetables, and fares will depend on
where you live. You can find more information about public transportation in your area by visiting www.
wsdot.wa.gov/transit/. Some regions provide reduced fair bus or transit passes for elderly, disabled,
homeless, and/or low-income individuals. Contact your local transit authority to find out what programs
exist and whether you are eligible for them.

•

If you want to drive your own car, you will need a valid driver's license and auto insurance. There is anentire chapter in this guide devoted to getting or reinstating your driver's license, so see that chapter for
information about licensing. If you want to buy a car, make sure you do your research. Section 6 in thischapter provides some general advice about things to think about when you are purchasing a car, andthere are several more comprehensive guides linked in the Resources section at the end of the chapter.

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TRANSPORTATION AND GETTING AROUND
Introduction
When you are released, you will need to find a job and go to work, find housing, go to the doctor if you aresick, and handle many other errands and appointments. To do any of these things, you will need to be able toget around. This chapter discusses various transportation options and a few special transportation services forwhich you might qualify.

Public Transportation
1. What is public transportation and how do I use it?
Public transportation is generally more affordable than personal transportation and it may be a good option
if you can’t afford or don’t want to own your own car. Most public transportation systems are run by counties,
so your options will vary depending on where you plan to stay after you are released. You can find information
about local service in your area, including routes, times, fares, and other information, by visiting www.wsdot.
wa.gov/transit/.

2. How can I get reduced bus fare?
Depending on your circumstances, you may be eligible for reduced bus or transit fare. Most counties in
Washington State have reduced fare programs for seniors and people with disabilities. If you are a senior, you
may be able to obtain a reduced fare permit through the mail or online. If you are disabled, you will likely needto submit an application in person and provide proof of disability from your doctor. Although most counties
administer these programs, the process and documentation requirements differ greatly, so check with yourregional transit system for details about your county. If you know you will need a disabled bus pass after you
are released, you may be able to speed up the process by getting verification from prison doctors while you arestill incarcerated.
Some regions also provide reduced fare bus or transit tickets to agencies serving homeless and/or low-income
individuals. Contact your local transit authority to see if they offer reduced fare tickets and whether you are
eligible to receive them.
Although rare, some programs, such as WorkFirst, may provide free access to public transportation toparticipants.1 While you should not assume that DSHS and nonprofit agencies provide this service, you shouldinquire first, before assuming you won’t be able to participate due to lack of funds.

3. What can I do if I am banned from public transportation?
Unless the court that entered your conviction specifically said you are banned from using public transportation
upon release, or if you have received notice from public transportation that you have been banned, youprobably are not barred from using public transportation. To be sure, check with your Classification Counselor
before you are released to verify that there are no restrictions on your use of public transportation. Conditional
requirements established by the court can be found in your Judgment and Sentence. If you are not sure if you
have been banned from using public transportation, simply contact the public transportation service you planon using for verification. To find contact information for the transportation service in your area, go online andsearch for public transportation in the county in which you reside. Otherwise, navigate to Washington State’s
transportation website to find the information you need: www.wsdot.wa.gov/transit/.

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If you know for sure that you have been banned from public transportation, you can find other means oftransportation, or you can contact the authority that imposed the ban and ask them to reconsider. If it is acourt-imposed ban, write a letter to the judge asking for reconsideration. If the ban was imposed by public
transportation authority, consider writing a letter to them asking for reconsideration.
A letter to a judge or transit authority representative should describe:•

When you were banned;•

The reason(s) you were banned;•

Why you are asking for reconsideration (for example, if you need public transportation to get to work or school);•

Changes in your life that put you in a better position now to use public transportation responsibly; and•A request to reconsider the public transportation ban.

Along with your letter, include any relevant evidence to support your request, such as proof of financial
circumstances, proof of employment, proof that you are attending school, proof of rehabilitation, a letter froma case manager or Counselor, etc.

4. Are there other ways to get around without owning my own car if public
transportation is not convenient?
If you have a smartphone with a data connection and a credit or debit card, you may wish to use a ride sharing
service like Uber (www.uber.com) or Lyft (www.lyft.com). These are services where you can use an app to callfor a ride, and someone will pick you up in their own car and drive you where you need to go (similar to a taxi).
Your credit card information will be stored in the app, and when you call for a ride the fare will be charged toyour card automatically. These services are generally more expensive than riding the bus, but may be useful if
you are traveling to or from an area without other transportation options or if you want to get somewhere fasterthan riding the bus. To get started, download the Uber or Lyft app on your phone and create an account. Notethat you will need a credit or debit card account to subscribe.

Medical Transportation
5. What if I need help getting to doctor’s appointments?
If you have Apple Health (Medicaid) and have limited access to transportation, you may be eligible fortransportation assistance to and from medical appointments.2 The Washington State Health Care Authority(HCA) might provide financial assistance to pay for gas, mileage, public transportation, or they may provide
actual transportation to and from appointments depending on your situation and needs. To qualify fortransportation assistance, you must:•

Have a current ProviderOne services card;•

Have no other way to reach your medical appointment; and•Ensure that the appointment is covered by your Apple Health plan.

To request non-emergency medical transportation, you should contact the HCA to find out who your Regional
Broker is and call them at least 7-14 days prior to your appointment to arrange a ride. When you call your
Regional Broker, you should have the following information available:

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Chapter 15: Transportation and Getting Around•Your ProviderOne Services Card;•Your pick-up address;•

The name, address, and phone number of your medical provider;•

The date and time of your medical appointment;•

The type of appointment (i.e., dialysis, OB, dental, etc.); and•The approximate return time (if known).

To find out contact information for your Regional Broker, you can contact the Medical Assistance Customer
Service Center at 1-800-562-3022, or find information online: www.hca.wa.gov/free-or-low-cost-health-care/apple-health-medicaid-coverage/transportation-services-non-emergency#transportation-broker-directory.
You can also email HCA’s Transportation Services department at: HCANEMTTRANS@hca.wa.gov.

Personal Transportation
6. What if I want to drive my own car? What should I know before buying a car?
To drive your own car, you will need a driver’s license and auto insurance. See section 8 below for information
on insurance, and see the Getting or Reinstating Your Driver’s License chapter for information on licensing.
If you want to buy a car, make sure you do your research. Below you will find some general advice if you
are thinking about buying a car, and there are several more comprehensive guides on this topic linked in the
Resources section at the end of the chapter.
Test-drive any car you are thinking about buying, and have a mechanic inspect it if you can. If you have the
Vehicle Identification Number (VIN), you can use the National Motor Vehicle Title Information System, availableat www.vehiclehistory.gov, to check the vehicle’s history and make sure the information the seller is providing
is accurate and complete.
Make sure you understand the contract before you sign it; it is very difficult to cancel a sale if you change yourmind, so be very sure you understand and agree to all of the terms. If you have to take out a loan, rememberthat interest payments on your loan can as much as double the sticker price of the car, so a $10,000 car could
end up costing you as much as $20,000 in payments and interest by the time you finish paying for it.
After you purchase your car, you will need to transfer the title into your name. If you buy from a dealer, they willtransfer title for you if you show your driver’s license.3 If you buy a car from a private party, you will have fifteendays to transfer ownership into your name. The owner must be able to transfer a clean (no liens) certificate oftitle to you. You will need to submit the following items at a Department of Licensing (DOL) office:•Vehicle Bill of Sale completed by the seller (available at www.dol.wa.gov/forms/420065.pdf);•

Vehicle Title Application (available at www.dol.wa.gov/forms/420001.html), which you must sign in frontof a notary public or in front of a licensing agent at a DOL office;•The current vehicle title; and•Payment (you can find out the amount by contacting a DOL office).

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You can find a DOL office near you by visiting https://fortress.wa.gov/dol/dolprod/vehoffices/ and selecting
your county. You will also need to register your vehicle and get Washington license plates. You can find out
more about registration and license plates by visiting www.dol.wa.gov/vehicleregistration/registervehicle.html.

7. How do I get a disabled parking placard?
If you are disabled, either temporarily or permanently, you may be eligible for a disabled parking placard, which
will allow you park in certain designated areas. In order to obtain a placard, you will need a doctor’s signature
verifying your disability. Not every disability qualifies you for a placard, so talk to your doctor about whether
you are eligible. You can see the full eligibility rules at www.dol.wa.gov/vehicleregistration/parkingreqs.html.
You can apply for a disabled parking placard online through the Washington State Department of Licensing byvisiting www.dol.wa.gov/vehicleregistration/parkingget.html.4 While you can get certification of your disability
from your doctor after you are released, you may be able to speed up the process by getting verification fromprison doctors ahead of time (though you will not be able to actually submit your application until after you
are released).

8. Do I need auto insurance in order to drive in Washington?5
You are required by law to carry auto insurance in Washington State. Auto insurance provides coverage forproperty, medical expenses, and liability. Under Washington State’s mandatory auto insurance law, anyone whodrives a motor vehicle in our state must do one of the following:•

Carry auto insurance (by far the most common option that will apply to nearly everyone) with liability
limits of at least:»» $25,000 for bodily injury or death of one person in any one accident;»» $50,000 for bodily injury or death of any two people in one accident;»» $10,000 for injury or destruction of property of others in any one accident;•

Carry self-insurance if you own more than 26 vehicles. For more information about self-insurance, contact
the DOL;•

Obtain a certificate of deposit by making a deposit of at least $60,000. You must submit the Financial
Responsibility Application and Affidavit form available online: www.dol.wa.gov/forms/210005.pdf. If you
qualify, the DOL will contact you with further instructions; or•

Be covered by a liability bond of at least $60,000.6

Note that of these options, auto insurance is the right choice for the vast majority of people and almost certainly
the right choice for you unless special circumstances apply. To obtain an auto insurance policy, contact a private
insurance company. Some common insurance companies are:•State Farm (www.statefarm.com);•Geico (www.geico.com);•

Allstate (www.allstate.com);•

Progressive (www.progressive.com);263

Chapter 15: Transportation and Getting Around•

USAA (www.usaa.com) (for military veterans and their families);•

Farmers (www.farmers.com); or•

Nationwide (www.nationwide.com).

Insurance rates will vary based on your driving record and different insurance companies may offer different
rates. You may wish to contact several companies to get quotes and compare rates to see which will be themost affordable for you.
When you purchase an auto insurance policy from an insurance company, you will be issued an insurance card. If
you are pulled over while driving, law enforcement will ask to see your insurance card, so you should be prepared
to show it any time you are driving (many people keep the card in the glove compartment of their car for thisreason). Failing to show your insurance card when required is a traffic violation, and you may be issued a ticket.7

Resources
Documents:•

Tips for buying a vehicle, Washington State Department of Licensing, www.dol.wa.gov/vehicleregistration/
tipsbuyingcar.html•

Tips for Buying a Used Car, Northwest Justice Project, www.washingtonlawhelp.org/resource/tips-forbuying-a-used-car•

Auto Insurance, Office of the Insurance Commissioner, www.insurance.wa.gov/auto-insurance

Other resources to help with transportation:•

Information about public transportation in your area is available from Washington State Department ofTransportation; visit www.wsdot.wa.gov/transit/.

•

To find a Department of Licensing office in your area, visit https://fortress.wa.gov/dol/dolprod/vehoffices/and enter your zip code.

•

To check a vehicle’s history using the VIN, use the National Motor Vehicle Title Information System atwww.vehiclehistory.gov.

_______________________________
1
2
3
4
5
6
7

WorkFirst Transportation Initiative, Agency Council on Coordinated Transportation, Washington State Department of Transportation,www.wsdot.wa.gov/ACCT/workfirst.htm (last visited Nov. 1, 2017).
Transportation services (non-emergency), Washington State Health Care Authority, www.hca.wa.gov/free-or-low-cost-health-care/apple-health-medicaid-coverage/transportation-services-non-emergency (last visited Nov. 1, 2017).
Transfer ownership when buying from a dealer, Washington State Department of Licensing, www.dol.wa.gov/vehicleregistration/transferdealer.html.
Disabled parking: Permanent, Washington State Department of Licensing, www.dol.wa.gov/vehicleregistration/parkingperm.html(last visited Nov. 1, 2017).
Auto Insurance, Office of the Insurance Commissioner, www.insurance.wa.gov/your-insurance/auto-insurance/ (last visited Nov. 1,2017).
Getting a driver license: Mandatory insurance, Washington State Department of Licensing, www.dol.wa.gov/driverslicense/insurance.
html (last visited Nov. 1, 2017).
Id.

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Chapter 16: Work Release
The Bottom Line:•Work release is an opportunity to spend the last few months of your incarceration in a less restrictive setting.
While you are in work release you may work a job in the community and may be permitted to leave the facility
to look for work, go to doctor's appointments or substance abuse treatment, or visit family. Work release canhelp you gain work experience, stabilize your personal relationships, and prepare for your release.

•

Work release is not the same as being released. Failing to follow the rules of your work release facility could
result in disciplinary action, including being returned to prison for the remainder of your sentence or losing
good time credit (which could push your release date back). If you leave the facility without authorization,or are not back at the facility when you are supposed to be, you could face additional felony charges. When
you arrive, you will be given a Resident Handbook outlining the rules of your facility; make sure that you
read and understand the rules, and follow them at all times.

265Chapter 16: Work Release

WORK RELEASE
Introduction
Work release is a special opportunity for a small percentage of incarcerated people to complete up to the last
six months of their confinement time in the community. It allows you to seek and maintain employment andhelps you build work skillsets, estatblish pro-social support with family and friends, and network with anytransitioning agencies and/or sober support groups. While you are on work release, you must comply withadditional rules.

1. Where are Work Release facilities located in Washington State?
Work release facilities are located throughout the state of Washington. Each facility has specific counties ofjurisdiction where they will accept people, and some facilities are specifically for men or women. Work releaseis available in the following places:•

Benton County: Tri-Cities Work Release (men and women)•

Cowlitz County: Longview Work Release (men and women)•

King County: Bishop Lewis Work Release (men only); Helen B. Ratcliff Work Release (women only);
Reynolds Work Release (men only)•

Kitsap County: Peninsula Work Release (men and women)•

Pierce County: Progress House Work Release (men and women)•

Spokane County: Brownstone Work Release (men only); Eleanor Chase House Work Release (women only)•

Thurston County: Olympia Work Release (men and women)•

Whatcom County: Bellingham Work Release (men and women)•

Yakima County: Ahtanum View Work Release (men and women)1

2. What are the eligibility requirements for work release?
Work release is not an option for everyone. While in prison, your classification counselor can submit yourrequest to transfer to a work release within one year of your earned release date. Your request to transfer toWork release will be screened by either the facility Supervisor or by the facility’s local Screening Committee.
They will determine whether you will be approved or denied for Work release.
You can be referred to work release 12 months prior to your earned release date. If you are approved for work
release, Headquarters will determine when you are eligible to transfer to work release. You must be promoted
to a minimum level of security based on a behavior-driven classification determination and be within six monthsof your earned release date to transfer to work release. Finally, work release is space-limited, so you can betransferred only if bed space is available.2

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3. Am I still “in prison” while in work release?
Work release is considered partial-confinement where you are serving the remainder (less than 6 months) ofyour sentence. You will be issued a Resident Handbook containing all the rules, expectations and policies. You
may be authorized to leave the facility on an approved pass to go job searching, conduct personal essential
business, or go on a social outing with your approved sponsor to visit family members.3
While in work release, you must obey the facility rules. You must search for a full-time job (“full-time” means 32hours or more per week). You may leave the facility only for work or other approved activities such as medical
appointments, drug treatment, or supervised visits with family. You can be referred for chemical dependency
evaluation and treatment, or other programming, and required to participate. You are prohibited from drug andalcohol use and will have routine drug testing.
If you do not comply with these rules, you may be subject to disciplinary action, which could result in being
removed from the work release program and returned to prison for the remainder of your sentence. You canalso lose good conduct time (GCT) for a violation of work release conditions.4 Further, if you fail to return to thefacility by your due-back time and/or your whereabouts is unknown, you will be placed on “escape” and could
be facing a new felony charge. That is why it is so important to know and adhere to the rules in the Resident
Handbook at work release.

4. Is a work release program right for me?
In order to qualify for work release, you must be six months from your earned release date and you must beclassified as minimum security. Even if you meet these conditions, only you can decide if work release is agood idea for you. Work release presents both opportunity and risk. While in work release, you can gain work
experience, stabilize your family relationships, and build a bridge to re-entering the community. Doing thesethings in an incremental fashion, you are more likely to succeed. There is evidence that people who participate
in work release gain better job-readiness skills and are less likely to commit crimes in the future.5 On the other
hand, work release is a less controlled environment than prison. You must be ready to be responsible for yourown conduct and show initiative to make work release a success.
_______________________________
1
2
3
4
5

Wash. Dept. of Corrections, Work Release Facilities, www.doc.wa.gov/corrections/incarceration/work-release/locations.htm(accessed Nov. 2, 2017).
Wash. Dept. of Corrections, About Work Release, www.doc.wa.gov/corrections/incarceration/work-release/default.htm (accessed
Nov. 2, 2017); Wash. Dept. of Corrections, Work Release Data Sheet, www.doc.wa.gov/docs/publications/fact-sheets/400-FS001.
pdf (March 1, 2017).
Wash. Dept. of Corrections, About Work Release, www.doc.wa.gov/corrections/incarceration/work-release/default.htm (accessed
Nov. 2, 2017)
Wash. Dept. of Corrections, About Work Release, www.doc.wa.gov/corrections/incarceration/work-release/default.htm (accessed
Nov. 2, 2017)
Wash. Dept. of Corrections, Work Release Data Sheet, www.doc.wa.gov/docs/publications/fact-sheets/400-FS001.pdf (March 1,
2017).

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ACKNOWLEDGEMENTS
We gratefully acknowledge the involvement of the nearly two hundred pro bono attorneys, subject matter
experts, community partners, and other volunteers who contributed to this Guide.
Thank you to our project management and editing team:
Madeline Morrison, Assistant Director, Washington Appleseed
Angeline Thomas, Executive Director, Washington Appleseed
Richard Carmody, Of Counsel, Adams and Reese LLP
Emily Gause, Gause Law Offices PLLC
Jason Kovacs, Program Coordinator (emeritus), Washington Appleseed
Christy McKinley, Attorney
Katie Mosehauer, Executive Director (emeritus), Washington Appleseed
Sara Suryan, Paralegal, Davis Wright Tremaine
Mahmoud Abukhadir, Thomas Addis Emmet Fellow, Washington Appleseed
Randall Enlow, Legal Fellow, Washington Appleseed
Jordan Isom, Legal Fellow, Washington AppleseedPeter Kahl, Legal Fellow, Washington AppleseedPeter Koziol, Legal Fellow, Washington Appleseed
Vanessa Lawlor, Thomas Addis Emmet Fellow, Washington Appleseed
Jane Pryjmak, Legal Fellow, Washington Appleseed
Lily Seaman, Intern, Washington Appleseed
Harkiran Sekhon, Legal Fellow, Washington AppleseedThank you to our pro bono volunteers:
Deanna Alfred, Dorsey & Whitney
Mike Allen, Nordstrom
Eric Anderson, Stuart Anderson Properties, L.L.C.
Ryan Bedford, Bedford Law Office
Mike Blackmon, Dorsey & Whitney
Rory Brecker, DLA Piper
Mike Brunet, Garvey Schubert Barer
Nick Bullard, Dorsey & Whitney
Nathan Canova, Dorsey & Whitney
Erin Chesney, Dorsey & Whitney
Patrick Connolly, Dorsey & Whitney
Andy Crowder, Perkins Coie
Steve Curry, Dorsey & Whitney

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Erin Darda, Dorsey & Whitney
Erik Detlefsen, Dorsey & Whitney
Lindsay Docto, Dorsey & Whitney
Crystal Doyle, DLA Piper
Angela Dralle, Dorsey & Whitney
Andy Dykstra, Dorsey & Whitney
Bonnie Farrell, Dorsey & Whitney
Jenna Feldman, DLA Piper
Caroline Fish, DLA Piper
Kerry Foster, DLA Piper
Jennie Garner, Dorsey & Whitney
Amanda Godwin, Colehour + Cohen
Brad Hammer, Dorsey & Whitney
Anne Geraghty Helms, DLA Piper
Brian Janura, Dorsey & Whitney
Rabeha Kamaluddin, Dorsey & Whitney
Paula Kanne, Dorsey & Whitney
John Kaplan, Perkins Coie
Kate Kennedy, Dorsey & Whitney
Kelvin Kesse, Dorsey & Whitney
Vik Kumar, Dorsey & Whitney
Amelia Las Heras, DLA Piper
Bobbi Leal, Dorsey & Whitney
Austin Lee, Dorsey & Whitney
Bobbi Leonard, Dorsey & Whitney
Pam Lundquist, Beckwith Law
Nadia Martyn, Dorsey & Whitney
Shuzo Maruyama, DLA Piper
James Mason, Dorsey & Whitney
Brian McGarry, Dorsey & Whitney
Elizabeth Mendoza, Perkins Coie
Zachary Miller, Dorsey & Whitney
Billie Morelli, Morelli Law PLLC
Nisha Nariya, Dorsey & Whitney
Gretchen Obrist, Keller Rohrback
Joan Lindell Olsen, Microsoft

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Stacy Osmond, Dorsey & Whitney
Violet Richardson, Dorsey & Whitney
Lauren Roso, Dorsey & Whitney
Erik Ruda, Dorsey & Whitney
Tom Ryan, Dorsey & Whitney
Melissa Sampson, Dorsey & Whitney
Russell Sass, DLA Piper
Bob Schultz, Dorsey & Whitney
Michael Scoville, Perkins Coie
Jayme Soojian, Dorsey & Whitney
Amy Sterner, Dorsey & Whitney
Adrienne Stuart, Compassionate Family Law
Paul Sung, Dorsey & Whitney
Dave Tarshes, Northwest Justice Project
Mark Thomson, Dorsey & Whitney
Christopher Thorson, DLA Piper
Anthony Todaro, DLA Piper
Grant Turpin, Dorsey & Whitney
June Weppler, Weppler Law Firm
John Wiest, Dorsey & WhitneyThank you to our subject matter experts, community partners, and other individuals who contributed to or gavethoughtful input during the drafting of this publication (organizations and agencies are listed for affiliation onlyand do not necessarily indicate endorsement of the publication):
Saudia Abdullah, King County Department of Adult and Juvenile Detention
Nick Allen, Columbia Legal Services
Brenda Anibarro, Seattle Office of Civil Rights
Alissa Baier, Open Door Legal Services, Seattle’s Union Gospel Mission
Lisa Bennett-Perry, Washington State Department of Social and Health Services
Alex Bergstrom, Columbia Legal Services
Gerald Bradford, Walla Walla Community College
Teresa Carlson, Section 2 Yakima Community Justice Center
Winnie Chan, Washington State Department of Corrections
Jefferson Coulter, Northwest Justice Project
Scott Crain, Northwest Justice Project
Elizabeth Drake, Washington State Institute for Public Policy
Eric Dunn, Northwest Justice Project271

Michael Eby, Washington State Department of Corrections
Merf Ehman, Columbia Legal Services
Patrick Fairly, STAR Project
Leo Farbman, Northwest Justice Project
Leo Flor, Northwest Justice Project
Joe Garcia, King County Community Partnership for Transition Solutions
Misty Gonzalez, King County Jobs Initiative
Ian Goodhew, King County Prosecutor’s Office
Anthony Gromko, Mercy Corps Northwest
Kathy Farrell Guizar, STAR Project
Shari Hall, Washington State Department of Corrections
Jim Harms, Washington State Department of Corrections
Kathleen Harvey, Washington State Department of Social and Health Services
Ron Hawk, Washington State Department of Social and Health Services
Elizabeth Hendren, Northwest Justice Project
Enoka Herat, ACLU of Washington
Vanessa Hernandez, ACLU of Washington
Stephanie Hill, Washington State Department of Social and Health Services
Mindy Houx, Washington State Department of Social and Health Services
Margaret Hoyer, Washington State Department of Corrections
Sarah Jackson, King County Prosecutor’s OfficeMichelle Kaplan, Kaplan Law PLLC
Julia Kellison, Northwest Justice Project
Aaron Kirk, Skagit Valley College
Ari Kohn, Post-Prison Education Program
Nancy Koptur, Washington State Department of Social and Health Services
Sarah Kwiatkowski, Northwest Health Law Advocates
Tony Leahy, CENTS Project
Karen Lee, Pioneer Human Services
Dan Lewis, Washington State Department of Corrections
Theodore Lewis, Washington State Department of Corrections
Misty Lyles, Washington State Department of Corrections
David Mace, Open Door Legal Services, Seattle’s Union Gospel Mission
Hillary Madson, Columbia Legal Services
Merlin Miller, Washington State Department of Corrections
Irene Morgan, Whatcom County Reentry Coalition

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Washington Reentry Guide

Joe Nagel, Pioneer Human Services
Lee Newgent, Washington Building Trades
Huy Nguyen, University of Washington
Tom Nicewaner, STAR Project
Joyce Oswald, Washington State Department of Corrections
Erika Pablo, Seattle Office of Civil Rights
Michael Paris, Washington State Department of Corrections
Jane Parnell, Washington Corrections Center for Women
Melodie Pazolt, Washington State Department of Social and Health Services
Daphne Pie, King County Access & Outreach
Patricia Proebsting, Northwest Justice Project
Martha Ramos, Legacy Equality Leadership and Organizing (LELO)
Lesta Rogers, White Feather Reentry
Tom Saltrup, Healthcare Transition to the Community
Leslie Savina, Northwest Justice Project
Breanne Schuster, ACLU of Washington
Jenn Sepe, St. Vincent de PaulElisabeth Smith, Northwest Health Law AdvocatesFranklyn Smith, Washington State Department of Corrections
Jen Smith, Seattle Clemency Project
Nanette Sorich, Pioneer Human Services
Gina Stark, Washington State Treasurer’s Office
Belinda Stewart, Washington State Department of Corrections
Robert Story, Washington State Department of Corrections
Susan Sundahl, Washington Corrections Center for Women
Sarah Sytsma, Washington State Department of Corrections
Rhona Taylor, Columbia Legal Services
Ted Thornton, Washington State Department of Social and Health Services
Becky Turner, STAR Project
Ann Vining, Northwest Health Law Advocates
Brian Walsh, Washington State Board for Community and Technical Colleges
Patrick Whalin, Washington State Department of Social and Health Services
Lindsey Wilson, Unloop
Hilary Young, Pioneer Human Services
Finally, we are deeply grateful to our focus group participants from Monroe Correctional Complex and Reynolds
Work Release, and to all those who were willing to share their reentry stories with us.

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