Vacate Felony and MisD
Clearing Your Record: A Guide to Vacating Misdemeanors and Felonies in Washington State
Introduction
As an attorney practicing criminal law in Washington State, I understand the long-lasting impacts that a criminal conviction can have on your life. It can affect your employment prospects, housing applications, and even your personal relationships. However, Washington State law provides a legal process to vacate, or "set aside," certain misdemeanor and felony convictions, effectively removing them from your public criminal record. This blog post aims to provide a comprehensive guide on how to navigate the process of vacating misdemeanors and felonies in Washington State.
Understanding Vacating Convictions
Vacating a conviction essentially means that the court withdraws your guilty plea or verdict and dismisses the charges against you. Once a conviction is vacated, it is removed from your public criminal record, and you can legally state that you were not convicted of that crime. However, the conviction may still be considered in future criminal prosecutions and certain professional licensing proceedings.
Eligibility for Vacating Convictions
The eligibility requirements for vacating a conviction in Washington State vary depending on whether the conviction was a misdemeanor or a felony.
Misdemeanors: To vacate a misdemeanor conviction, at least three years must have passed since you completed all the terms of your sentence, including probation. You must not have been convicted of any new crimes during this period.
Felonies: The eligibility to vacate a felony conviction is more complex. It depends on the class of felony and whether it is considered a "violent" or "non-violent" crime. For most non-violent Class B and C felonies, you must wait ten and five years respectively after completing all terms of your sentence, including probation. For violent felonies and Class A felonies, the conviction cannot be vacated.
The Vacating Process
The process of vacating a conviction typically involves the following steps:
Determine Eligibility: The first step is to determine if you are eligible to have your conviction vacated. This involves reviewing your criminal history, the nature of your conviction, and the time elapsed since you completed your sentence.
File a Motion to Vacate: If you are eligible, the next step is to file a motion to vacate with the court that entered the conviction. This motion must include a declaration stating that you meet all the requirements for vacating a conviction.
Court Hearing: After the motion is filed, a court hearing will be scheduled. During the hearing, the judge will review your motion and any response from the prosecutor. If the judge is satisfied that you meet all the requirements, they will grant the motion and vacate your conviction.
Update Records: After your conviction is vacated, it's important to update your records. This includes notifying the Washington State Patrol and the FBI of the court's decision so that they can update their records.
Conclusion
Vacating a conviction in Washington State can be a complex process, but it can provide a fresh start for individuals who have completed their sentences and remained crime-free. As an experienced criminal law attorney, I can guide you through this process, helping you understand your eligibility and presenting a compelling case to the court.
Remember, everyone deserves a second chance. If you're considering this process, I encourage you to reach out to our office to help guide you through this journey.