Legal Question in Criminal Law in Washington

Sealing/Vacating a Class B Felony Conviction

My husband was convicted of a Class B felony (Residential Burglary) in King County in 1998. This was his first and only brush with the law. I've done a little research on how we might be able to have his conviction vacated and sealed. If I understand correctly, he is eligible to submit a motion to have the conviction vacated and sealed if 10 years have passed since the conviction was discharged and he has not had any other convictions or pending criminal charges. Is this correct?


Asked on 7/30/03, 11:40 pm

2 Answers from Attorneys
Paul Ferris Law Office of Paul T. Ferris

Re: Sealing/Vacating a Class B Felony Conviction

You are correct in noting that 10 years must have elapse from the date of your husband's Certificate and Order of Discharge. (An order terminating supervision, but keeping a defendant on monetary supervision only, is not sufficient to commence the 10 year period.)

You are also correct with respect to the requirement that he have no subsequent convictions for ANY criminal offense (e.g. DUI, wildlife violations) and no charges pending.

If he desires to have firearm rights restored, which must be done in Washington to remove his disability under federal law, he is eligible on the 5th anniversary of the conviction date or release from custody, whichever is later.

For a summary of applicable law, visit washrecord.com.

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Answered on 7/30/03, 11:53 pm
Stephen Kozer Stephen J. Kozer, Attorney at Law P.S. Inc.

Re: Sealing/Vacating a Class B Felony Conviction

You have done the appropriate research , if you need any more assistance please email me.

The time period does run from the date that he has completed all of the requirements for DOC. The Certificate and Order of Discharge is the key document . Look at the date on it.

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Answered on 7/31/03, 1:13 pm


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