Can I Seal My Criminal Record in Washington?
Do I Get to Seal My Old Arrest, Charge or Conviction From Years Ago?
Note, however, that each of these processes serves a different purpose, and therefore the processes described above are not interchangeable for purposes of seeking relief.
Vancouver, Washington criminal convictions can affect not only a person’s ability to get employment, housing, professional licenses, etc. long after a criminal case is over but also leave a lasting negative impact on that person’s reputation. Older Vancouver, WA criminal charges, arrested for, criminal convictions that are now affecting a person’s life and are ready to put the past behind them need to speak with a highly experienced Vancouver/Clark County, WA criminal defense attorney first to learn of all of the possible alternatives and methods available to Seal their Past Criminal Charges, in Vancouver, WA.
What Does It Mean to Seal a Criminal Record?
However, even though a record has been sealed, it does not necessarily mean that it has been destroyed. A sealed record means that the information contained in the sealed record cannot be accessed by the public.
However, even though a case has been sealed, it is not automatically destroyed. The case can still be viewed by the court’s history and index systems, even though the public cannot view the underlying case information.
As stated above, although a record has been sealed, the record can still be visible in certain court history and index systems even though the underlying case information cannot be accessed publicly by the public. Thus, sealing a record is very different from “destroying” or totally wiping out a criminal record.
Can Every Criminal Record Be Sealed?
No. The record has to meet different criteria to be sealed.
However, to limit the effect of criminal records, records can be sealed, vacated or in some cases, deleted. Below are the ways in which criminal records can be limited.
- Sealing certain court records
- Vacating eligible convictions
- Deleting certain non-conviction criminal history
- Vacating eligible misdemeanor convictions
- Vacating certain felony convictions
As a general rule, the process for sealing criminal records will depend on the specific circumstances of the case (e.g. arrest, dismissal, acquittal, etc. as well as misdemeanor and felony convictions).
What Is the Difference Between Sealing and Vacating?
This distinction is important.
Sealing a Court Record
In the case of sealing, for example, the main issue is that of public access to the contents of a sealed court record while the case is under investigation or other circumstances are being investigated by the Washington courts under General Rule 15 (GR 15).
Vacating a Conviction
In addition, vacating a conviction is a completely different legal process. In such cases, the guilty plea or verdict can be vacated and the case can be dismissed as if it were never filed.
Misdemeanor and gross misdemeanor conviction vacation requirements and procedures.
Vacating of Felony Convictions. In limited circumstances, felony convictions can be vacated.
Can a Misdemeanor Conviction Be Vacated?
Potentially, yes.
The adult can apply to the sentencing court for vacation of the conviction for the misdemeanor or gross misdemeanor offense(s) for which he/she was convicted.
Factors that may matter include:
The type of offense
- Whether you completed your sentence
- Whether you have outstanding financial obligations
- Whether you have pending criminal charges
- Whether you have subsequent convictions
- How much time has passed
- Whether the offense falls within an excluded category
Because each case is different and will have different eligibility, it would be wise to speak with an attorney about your specific case before filling out the application to vacate conviction.
Can a Felony Conviction Be Vacated?
Some felony convictions can be vacated in Washington.
The felony-vacation law sets forth the criteria that must be met in order to have felony conviction(s) vacated. Some offenses are excluded from relief under the felony-vacation statute.
For more information on the process of Felony Conviction Vacation in Washington State, check out the Washington Courts Website. There you can read more about the process in general, and find out what forms are needed to complete the process.
What About a Case That Did Not Result in a Conviction?
Case(s) Not Resulting in a Conviction(s) (e.g. dismissed, acquitted, diverted, etc.): What Options Are Available.
In the state of Washington, a person’s information regarding a non-conviction can be deleted from a criminal history record under certain circumstances.
For example:
- An arrest without charges
- Dismissal
- Acquittal
- A diversion program
- Another non-conviction outcome
Review what appears on your criminal history prior to applying for a legal remedy to remove it from your record.
Does Vacating a Conviction Completely Erase It?
Not necessarily.
While a vacated conviction can relieve the penalties and disabilities of a conviction, it will generally be releasable by Washington law and the person with such a conviction can state that they have not been convicted of a crime for purposes of applying for employment, etc.
Even though the case has been vacated, the case can still be searched for by courts and used to determine whether a person has committed crimes in the past. When pulling the criminal history of a person that was involved in the case, the case will appear on the list, and it will state that the case was vacated.
How Do You Reference to Vacate, Seal and Delete a Criminal History Record?
Does a Sealed Record Still Exist?
Yes. Sealing generally limits access rather than destroying the record.
Although records that have been sealed are no longer searchable by the public, sealed records can still be searched by and accessed by others, including the person whose record was sealed (later in life, for example), under a subsequent order to unseal said records.
What Should I Do Before Applying?
Getting information on criminal history involves learning facts about the matters that are currently pending.
You should determine:
- What charges were filed?
- Did the case result in a conviction?
- What type of conviction did you receive for the offense(s) for which you are seeking relief? (Misdemeanor, Gross Misdemeanor, or Felony)
- When did you complete your sentence?
- Do you have any pending criminal charges?
- Have you received any subsequent convictions?
- Are there outstanding financial obligations?
- Is the offense in question a category of offenses that cannot be vacated?
An attorney can then determine if there is relief available through the alternative process.
Can a Criminal Defense Attorney Help?
Yes. Clearing a criminal record can involve detailed statutory requirements and court procedures. A criminal defense attorney can:
- Review your criminal history
- Determine whether you may qualify for relief
- Identify the appropriate legal procedure
- Review the underlying court records
- Prepare the necessary documents
- File motions or petitions when appropriate
- Address objections from the prosecution
- Represent you at a hearing when required
- Explain the potential consequences of sealing or vacating your record
You can have your criminal defense attorney file the necessary requests for you in a timely manner.
Why Choose Mcaleer Law?
Mcaleer Law handles a wide variety of criminal cases in the Vancouver area, as well as throughout the rest of Vancouver, Clark County, and Southwest Washington.
Even after you have served your time, a criminal case can have long lasting consequences. Thus, it is in your best interest to seek the representation of a quality criminal defense attorney and have them outline all of the possible alternatives to your current situation.
Our approach includes:
- Personalized case evaluation
- Detailed record review
- Clear explanations of your options
- Thorough preparation
- Strategic legal representation
- Strong advocacy in court
Contact a Criminal Defense Attorney in Vancouver, WA
Even though you have done your time and have completed your probation, people frequently are under the impression that after a period of time, their criminal record will be erased. Unfortunately, this is not always the case.
Each of these methods has criteria that must be met in order to delete or seal criminal information.
Contact Mcaleer Law today to speak with a seasoned Vancouver criminal defense attorney about your criminal record and possible relief.