Matthew T. Hale, Attorney at Law

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Clear Your Record

If you have been convicted of a crime in the past, we can sometimes get your criminal record cleared.

I.    Misdemeanor vacation.

Washington law permits the vacation of some misdemeanor and gross misdemeanor convictions under certain circumstances.  Vacation of a conviction releases you from all penalties and disabilities resulting from the conviction.  Once a conviction is vacated, the fact that you have been convicted of the offense may not be included in your criminal history for purposes of determining a sentence in any subsequent conviction.  For all purposes, including responding to questions on employment or housing applications, a person whose conviction has been vacated may state that he or she has never been convicted of that crime.  However, vacation of a conviction does not affect or prevent use of the conviction in a later criminal prosecution.  Also, vacation of a conviction does not automatically restore your right to possess a firearm.

If you want to have a conviction vacated, you must file a motion with the court.

   a.    There are no criminal charges pending against you in any court of this state, another state, or any federal court.

   b.    You have not been convicted of a new crime in this state, another state, or any federal court since the date you were sentenced on the crime you wish to have vacated.

   c.    You have never had the record of another conviction vacated.

   d.    You are not currently restrained, and have not been restrained within five years prior to the vacation application, by a domestic violence protection order, a no-contact order, an anti-harassment order, or a civil restraining order which restrains one party from contacting the other party.

   e.    The conviction you are seeking to have vacated is not for one of the following crimes:  i) DUI under RCW 46.61.502; ii) physical control while under the influence under RCW 46.61.504; iii) operating a railroad while intoxicated under RCW 9.91.020; iv) a sex offense under RCW 9A.44; v) an obscenity or pornography offense under RCW 9.68; vi) sexual exploitation of children under RCW 9.68A; or vii) a violent offense or attempted violent offense under RCW 9.94A.030.

Now, if the crime that you are seeking to have vacated did not involved domestic violence, then three years must have elapsed since you completed the terms of the original conditions of the sentence.  However, if the crime did involved domestic violence, you must wait five years to have the conviction vacated.

II.    Felony vacation.

Washington law allows some people to vacate certain felony convictions.  When a person completes his or her felony sentence requirements, the court of record then discharges the person and provides him or her with a certificate of discharge.  Every person who is discharged by the court may apply to the sentencing court for a vacation of the conviction record.  The person's record cannot be cleared if any of the following is true.

   a.    Criminal charges are pending against the person in any court in this state, another state, or any federal court.

   b.    The conviction was a violent offense under RCW 9.94A.030(45).

   c.    The conviction was a crime against persons under RCW 43.43.830.

   d.    The person has been convicted of a new crime in this state, another state, or any federal court since the date of the person's discharge.

   e.    The conviction was a Class B felony, and less than ten years have passed since the date the person was discharged.

   f.    The conviction was a Class C felony, and less than five years have passed since the date the person was discharged.

If the person meets these tests, the court may clear the record of conviction by allowing the person to withdraw his or her guilty plea and enter a plea of not guilty, or by setting aside the guilty verdict and dismissing the charge against the person.

Once a felony conviction is vacated, the fact that you have been convicted of the offense may not be included in your criminal history for purposes of determining a sentence in any subsequent conviction.  For all purposes, including responding to questions on employment or housing applications, a person whose conviction has been vacated may state that he or she has never been convicted of that crime.  However, vacation of a conviction does not affect or prevent use of the conviction in a later criminal prosecution.

Legal Disclaimer:  This Web site is created and published for informational purposes only. 

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