Washington Criminal Record Expungements
A simple arrest or criminal citation stays on your record unless you take action to have that record vacated and sealed. Mistakes that result in criminal convictions can oftentimes be removed from your record and allow you to have a new beginning. In some cases, you may petition the court to seal the record of an arrest or conviction. Michael P. Sheehy knows the intricacies of Washington’s expungement laws and is skilled in filing the necessary motions and affidavits to get the arrest, citation or conviction erased from your record. He will consult with you at no charge to determine whether your situation falls within Washington’s laws allowing for the arrest, citation or conviction to be sealed. If you appear to qualify, he will ask the sentencing court to vacate a conviction record, and seal the court file.
Vacating a conviction releases you from all penalties and disabilities resulting from the offense. After a vacate motion has been granted, the law gives you the right to state to anyone, including prospective employers, that you were not convicted of that offense. However, there are some limitations – the court file is not destroyed and evidence of the conviction can be raised during a later criminal prosecution or sexually violent predator commitment proceeding. In addition, obtaining an order to vacate/seal does not by itself restore your right to own or possess firearms.
Basic Requirements for Felony Convictions
The circumstances under which felony conviction records may be vacated and sealed are limited. You should check to see that all of the following are true before you begin the vacate and seal process. The basic requirements include:
1. the offense for which you were convicted was committed on or after July 1, 1984
2. no criminal charges against you pending in any court in any state or
federal court
3. have not been convicted of a new crime in any state or federal court since
the date of your discharge (this is the date the sentencing court issued an order
called a "Certificate of Discharge" certifying that all requirements of your
sentence had been completed)
4. offense was a class B felony and at least 10 years have passed since the
date your sentence was discharged; or b) The offense was a class C felony and at
least 5 years have passed since the date your sentence was discharged
5. The offense of which you were convicted was not a class A felony or an attempt to commit a class A felony.
BASIC REQUIREMENTS FOR VACATING MISDEMEANORS
Washington law permits the vacation of some misdemeanor or gross misdemeanor convictions. You may have the most recent conviction vacated if:
- You have no pending criminal charges or new convictions
- Your offense was not violent or an attempt to commit such an offense
- The offense did not involve driving while intoxicated or a related offense
- You have satisfied all conditions of your sentence
- You have not had another conviction vacated
- You have not been the subject of a protection, no-contact or restraining order within the last five years
- Three to five years must have elapsed since you completed the terms of the original conditions of the sentence, including financial obligations
- If it was a domestic violence crime, five years must have elapsed since you completed the original conditions of the sentence
RESTORATION OF FIREARM RIGHTS
A Certificate of Discharge expressly states that all civil rights lost by operation of law upon conviction are hereby restored; HOWEVER, Washington courts have clearly stated that a Certificate of Discharge does not restore a person's firearm rights. Furthermore, an order expunging, vacating or sealing criminal records is insufficient to restore the right to possess firearms under Washington law. To avoid a felony charge of unlawful possession of a firearm, a prohibited person must have a Pardon, Annulment, Certificate of Rehabilitation, or an order restoring the right to possess firearms from a superior court.
CLASS B & C FELONIES (non sex offenses)
A person previously convicted as an adult or juvenile of a felony may petition a court of record to restore the right to possess firearms if all of the following apply:
- The conviction is not a Class A felony or sex offense
- More than 5 years have passed in the community without being convicted of any crime (misdemeanor or felony)
- No criminal charges are currently pending in any federal, state or local court; and
- The offender does not have a prior felony prohibiting the possession of firearms counted as part of the offender score
Please contact Michael P. Sheehy to find out if you are eligible to restore your firearm rights or to have a conviction vacated.
Disclaimer: this information is not intended as legal advice and is provided for illustrative purposes only. Please contact an attorney before making assumptions about your case.
|
