Those of us with criminal convictions on our record know how difficult it is to find decent employment and housing. No matter how long ago these convictions occurred, background checks performed by employers and housing agencies routinely reveal these convictions, most often resulting in loss of job opportunity, and denial of housing. Having a criminal conviction on your record makes an already difficult life feel impossible. Long after the case is closed, the conviction remains, weighing us down, making it even more difficult to take care of ourselves and our families.
Mr. Martin can determine if you are eligible to expunge and/or seal your criminal record. He will help you through the process by gathering the necessary information; preparing and filing all necessary paperwork; and following up with the Washington State Patrol, local police agencies, and courts to ensure your record has been cleared.
Expunge, Vacate, or Seal your Adult or Juvenile Felony or Misdemeanor Conviction
In certain cases, Washington law allows people to clear their criminal record. After your conviction is expunged, vacated, and/or sealed the court will set aside the conviction, enter a NOT GUILTY finding, and order the Washington State Patrol -- the agency which keeps criminal records -- to seal their records from public view. This means you can answer truthfully that you have never been convicted and your criminal record will not be disclosed to anyone who runs a criminal background check with the Washington State Patrol, local police agencies, or the court system.
Not all charges are eligible to be vacated or expunged.
Eligibility to Vacate Adult Misdemeanor or Gross Misdemeanor Conviction in Washington (RCW 9.96.060)
There are several requirements that must be met in order to expunge a misdemeanor conviction, such as:
- You have complied with the terms and conditions of your sentence
- 3 or 5 years must have passed from the date the case was closed, not the date of the incident or of conviction.
- No pending criminal charges.
- No new conviction since date of last conviction.
- The conviction cannot be for certain offenses precluded by statute.
- No current restraining order, or within the last 5 years.
- No previous conviction vacated
The above requirements are general, and may not be specific to your case.
Eligibility for Expungement or Vacation of Adult Felony Conviction (RCW 9.94A.640)
There are several requirements that must be met in order to expunge a felony conviction, such as:
- You must have completed your sentence, been discharged from court supervision (probation/parole).
- Class B Felony 10 Years must have passed (Felonies before 7/1/1984 are not eligible)
- Class C Felony 5 Years must have passed (Felonies before 7/1/1984 are not eligible)
- No pending criminal charges.
- The conviction cannot be for certain offenses precluded by statute.
- Nothing in the statute prohibits expunging more than one felony.
The above requirements are general, and may not be specific to your case.
Expunge, Vacate, or Seal a Juvenile Record (RCW 13.50.050)
Sealing Juvenile Convictions
Washington law allows people with past juvenile convictions to seal, vacate, and/or expunge their records. Through this process, you can undo multiple convictions, prevent employers from finding out about convictions, hide juvenile social service agency files, and possibly have certain records destroyed.
Requirements for clearing juvenile convictions (dispositions) after July 1, 1997
- Not a sex offense.
- No pending criminal charges.
- Class B Felonies - 5 years since entry of disposition.
- Class C felonies and Misdemeanors - 2 years since entry of disposition.
- Diversion - 2 years since completion of diversion agreement.
Requirements for clearing juvenile convictions (dispositions) prior to July 1, 1997 (State v. T.K.)
- No pending criminal charges.
- 2 years since the later of discharge from supervision or the court's issuance of an order relating to the offense.
- Does not prohibit expunging/sealing sex offenses.
The above requirements are general, and may not be specific to your case.
Record Sealing
Washington State Law (RCW 10.97.060) allows a person to petition the court to seal their non-conviction data (criminal history that has not led to a conviction). This prevents the embarrassment or potential discrimination caused by records of an arrest. Once sealed, the arresting agency will be ordered to delete any non-conviction data. Nobody will be able to learn about the arrest and it is treated as if it did not occur.
Restoration of Right to Possess a Firearm
Criminal convictions often result in your loss of the right to possess a firearm. Your right to possess firearms is not automatically reinstated upon completion of your case, nor upon successfully vacating or sealing the criminal charge. You must petition the Superior Court in the county where you were convicted in order to reinstate your right to possess firearms.
Eligibility requirements for restoring your right to possess a firearm include:
- Class B or C Felony Conviction are 5 years since date of conviction or release from jail.
- Misdemeanor Conviction are 3 years since completing the terms of your sentence.
- No pending Criminal Charges.
The above requirements are general, and may not be specific to your case.
Voting Rights
If you have lost your right to vote, you may be able to have that right restored. Whether or not you are eligible depends on several factors, including whether or not you have been discharged from the Department of Corrections. Please contact Paul Martin to discuss whether you are eligible to restore your right to vote in the state of Washington.
Washington State Patrol Criminal Record Check
You can view and obtain a copy of your criminal record at the Washington State Patrol's website for $10.00. This will make it easier to determining your eligibility for vacation and/or sealing of your criminal record.
Set up a free consultation with Paul Vincent Martin today to discuss your options. He can help you to get the fresh start you deserve.
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