Legal Question in Criminal Law in Washington

help please

my boyfriend has a misdemeanor charge for marijuana possesion from march 2007, me and him did not know this was on any record so when we applied to move in to some apts we were denied because of it.. I found out the case had been closed because he finished treatment etc so now we need to get it taken off his record so we can get an apt...whats the easiest way to do this and how long will it take? Is this something he can do without an attorney or rep?


Asked on 1/07/09, 1:45 am

1 Answer from Attorneys
Paul Ferris Law Office of Paul T. Ferris

Re: help please

If he was convicted, he may be eligible to vacate (withdraw plea and dismiss charge) three years after probation ended.

If he never entered a plea of guilty (or found guilty) and instead had the case continued or deferred for a later dismissal upon successfully fulfilling conditions, e.g. treatment, he can file a motion to seal the case.

Click on "Forms" at www.courts.wa.gov. find your way to criminal forms - vacating misdemeanors. If sealing is the remedy, you might check with Attorneys Information Bureau or the clerk's office for forms.

Understand that unless sealed, the public will have access to the records in person and online for years. If vacated, at least WSP will no longer report the conviction, but that does not mean that a person familiar with public records will not find the case.

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Answered on 1/07/09, 4:01 am


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