Can You Vacate a Conviction in Vancouver, Washington

Yes. As noted above, Washington does not use the term “expungement” in regard to criminal records. Instead, a person must file a petition to vacate their conviction or convictions. Most misdemeanor, gross misdemeanor, B class and C class felonies are eligible to be vacated one and one-half years or more after the close of probation/sentence and after a sufficient amount of time has passed as required by statute.

Removal of a conviction from your criminal history does not erase the fact that you were arrested or charged with a crime in the past. However, after your conviction has been removed from your criminal history records, you can generally treat the conviction as if it had never occurred.

What Does It Mean to Vacate a Conviction?

When a conviction is vacated, a court will set aside the finding of guilt and dismiss the case. All penalties and disabilities that were imposed by reason of the conviction will be removed.

…grant you relief from almost all of the consequences of the offense that has been vacated in connection with your application for vacation of conviction and seal of records (with certain exceptions).

• It shows that you have not been convicted of that offense and therefore you can say that on a job application.
• Reduce the conviction’s impact on background checks
• Increase your chances for certain housing, educational and professional licenses opportunities.

Note that sealing a record is different from vacation of a conviction. When you vacate a conviction, the court may keep a record of the case and related information on file with various agencies. Furthermore, you may need to request that the court seal the case from public inspection in addition to vacating the conviction.

Which Convictions Can You Vacate in Washington?

There are two main categories of offenses that can be considered for vacation and they are governed by two separate statutes.

Misdemeanors and Gross Misdemeanors

Most misdemeanor and gross misdemeanors are eligible for record vacation under RCW 9.96.060. Note, however, that there are some exclusions from the types of offenses that can be vacated for misdemeanors and gross misdemeanors.

Felonies

These offenses are generally not eligible for vacation under either statute, although there are some rare exceptions. See RCW 9.96.020(1)(c), RCW 9.94A.670(1)(c); Washington Pattern Jury Instruction: Crime 13. If you have been convicted of a felony offense in Washington, you can review the list of excluded offenses here.

Offenses That Generally Cannot Be Vacated

Offenses Excluded from Conviction Vacating in Washington:

• Class A felonies
• Violent offenses
• Most sex offenses
• Driving under the influence (DUI) and physical control convictions
• Certain other listed crimes

Because of the detail involved in both lists, it would be wise to have an attorney review your conviction to determine if it is eligible for vacation.

How Long Must You Wait to Vacate a Conviction?

The waiting period in which you can apply to have your conviction(s) vacated depends on the type of conviction(s) for which you are seeking relief and when you completed your entire sentence.

Felony offenses will start to count from the latest of the following: the date of sentencing, release from confinement, or completion of community custody. In addition, a certificate of discharge must have been issued for the felony that is to be vacated.

In addition, you must apply for vacating your conviction after the time for other crimes has expired and you are not presently charged with or convicted of any other crimes in any jurisdiction.

Basic Requirements to Vacate a Conviction

As each case is different, there are several factors that are generally considered in the application to vacate a conviction.

• All parts of your sentence have been completed (including in-prison time, probation and community supervision and any treatment programs).
• • You have waited the required number of years.
• You have no other convictions during the time that the time to vacate has to expire.
• You have no pending charges in any court.
• • The offense must be one that can be vacated. It must be listed in RCW10.97.010(3), and it must not be one of the excluded offenses listed in RCW 10.97.
• You can vacate as many prior convictions as are allowed by statute for a given category of offenses.
• Issues relating to your financial obligations that remain unpaid will affect your request for vacating your conviction(s).

It is also within the Court’s discretion and you would want to write a strong petition to take advantage of that discretion.

Special Rules for Domestic Violence Convictions

Under Domestic Violence and Chapter 10. People who have committed misdemeanor Domestic Violence have additional requirements in order to have those convictions removed from their record.

• A longer waiting period
• Proof that you completed ordered treatment
• No violations of protection or no-contact orders
• Notice to Victim(s)

However, an attorney can assist you with the additional requirements for an offense with a domestic violence designation prior to filing.

Other Situations That May Qualify

Washington law offers additional paths in specific circumstances:

• Victimizations. Offenses which the defendant was victims of in their commission such as sexual assault, sex trafficking, and domestic violence related offenses.
• Simple drug possession cases. Many simple drug possession cases are treated differently by the courts today. In fact, many people can have such convictions vacated.
• Prior cannabis related misdemeanors (some older offenses).

Note that each of these categories has their own rules so make sure to consult with an attorney to see how they apply.

How to Vacate a Conviction: Step by Step

The process generally follows these steps:

1. Confirm eligibility. Review your offense, sentence, and history.
2. Collect all of the necessary information and paperwork for your conviction(s). Include a copy of your judgment and sentence, proof of completion of all required terms and conditions, as well as a copy of your certificate of discharge for all felony convictions.
3. Check your criminal history for any current or past offenses that would prohibit your application to have your conviction(s) vacated.
4. Draft your motion or petition and your supporting declaration.
5. Step 7: File your petition with the Convicting Court (where you were convicted – for Vancouver area offenses this would be Clark County District Court or Clark County Superior Court).
6. Notify the prosecutor (if required). Note that the state has the right to respond to or object to your vacating your conviction.
7. At the hearing on your petition the judge will most likely ask you how you have conducted yourself since your conviction.
8. Order Granting Your Petition for Vacate to be Signed by Judge. You will receive an order that states your conviction has been vacated.
9. Notify agencies of the change as necessary.

Processing time can vary from a few weeks to a few months or longer.

What Are the Benefits of Vacating a Conviction?

A vacated conviction can change your daily life in many ways.

• You can get better jobs since less will stand in the way of your applications to work.
• Easier housing. Landlords often reject applicants with convictions.
• Educational opportunities, such as the possibility of getting financial aid or attending school.
• Professional licensing: Being able to seek regulated professions such as cosmetologist, accountants, engineers, attorneys, real estate agents and many others.
• You’ll have peace of mind as you continue on with your life now that you can put your past behind you.

What Vacating a Conviction Does Not Do

Set realistic expectations. A conviction which has been vacated by the court will not necessarily mean that all records of the conviction will be removed from all databases.

• Does not restore firearm rights. These are separate rules which must be sought by an attorney.
• Does not mean that conviction will be erased from everywhere and by everyone. Some governmental agencies, as well as some background check services, may maintain information about old convictions.
• does not mean the conviction will never be used against you in a future case. Depending on the circumstances, a conviction may still be used by the prosecutor in a future case against you.
• It will not remove you from sex offender registration if that is required by the terms of your conviction – that is controlled by a separate set of laws.
• There is no automatic fixing of immigration problems caused by a prior conviction in any jurisdiction where the individual is not a U.S. citizen. The individual should consult with an appropriate Immigration Lawyer prior to the filing of such proceeding.

Common Mistakes to Avoid

Many people lose time and money by making preventable errors while attempting to expunge their criminal records. The following are a number of examples:

• Filing too early. Most misdemeanors have a waiting period, and if you file before the waiting period has ended, your petition will be denied.
• Unpaid financial terms affecting your case.
• Assuming all crimes can be vacated. There are some crimes that cannot be vacated even if you are otherwise eligible to have your convictions set aside.
• Skipping the certificate of discharge for felonies.
• Submitting an incomplete petition. Missing documents cause delays.
• Overlooking other pending criminal charges in any jurisdiction that have not been disposed of by guilty plea, conviction or acquittal.

How Mcaleer Law Can Help

Our attorneys at Mcaleer Law serve clients all over Vancouver in a variety of matters, and can help you too with decreasing the affect of past crimes on your life. We will review your record of conviction to determine whether you are a candidate for the clearing of past crimes, and then prepare and argue your petition for a number of different relief of past crimes.

We will:

• Evaluate your conviction and the waiting period
• Gather court records and certificates
• Prepare a clear, persuasive petition
• Communicate with the prosecutor and the court
• Represent you at the hearing

Now you know if your conviction qualifies for relief under a Washington “vacate” proceeding. If so, we can help. Call McAleer Law at [PHONE NUMBER] for a free, confidential review of your case.

Frequently Asked Questions

Can I vacate a conviction in Washington?

Most misdemeanor convictions can be vacated after 3 years and most Class B and C felonies can be vacated after 5 and 10 years, respectively.

What is the difference between vacating and expunging a conviction?

Note: In Washington, we refer to this process as “vacating” a conviction rather than “expunging” a conviction. Vacating a conviction has the same effect as expungement in other states: it will allow you to state that your conviction has been “set aside” or “dismissed.”

How long does it take to vacate a misdemeanor conviction?

Most misdemeanors and gross misdemeanors can be vacated after 3 years. Domestic violence misdemeanors require a 5 year waiting period to vacate.

Can I vacate a felony in Washington?

Possible for some Felony convictions – Generally a 5 year wait for Class C felonies and a 10 year wait for Class B felonies. No opportunity for vacating a Class A felony conviction.

Can I vacate a DUI?

No, because the statute excludes DUIs and physical control cases from vacation.

Will vacating my conviction restore my gun rights?

No. The laws surrounding Washington firearm rights are separate from those governing criminal record relief.

Do I need a lawyer to vacate a conviction?

Eligibility for vacation is very detailed and one simple mistake in the petition could cause serious problems down the road and possibly even cause a denial of the petition.

Will employers still see my conviction?

After a successful vacation of your conviction, you can truthfully state that you have not been convicted of that offense. Of course, there are some exceptions and your employer may be able to obtain copies of older convictions even after they have been vacated. But with the help of an attorney, you can handle these types of situations.