Legal Question in Criminal Law in Washington
I was convicted of 1st degree theft by check in 1987, when my ex-wife wrote checks on a closed account. How can I get that conviction dismissed/overturned?
1 Answer from Attorneys
If you have not been convicted of ANY crime since being discharged from felony supervision, you can file a motion to vacate the convicttion.
For more detailed information on the significance of vacating felony convictions, search previous LAWGURU on this topic.
If a certificate of discharge was never filed in your case, your first step is to file a motion for this document. You are entitled to have the certificate backdated to the time you fulfilled all of the conditions of the judgment and sentence. For example, if you were on DOC supervision for a year, but did not pay restitution/court costs until 1994, you are entitled to have an effective date in 1994.
This is significant because in addition to not have a conviction subsequent to the certificate of discharge, you cannot vacate a class B felony until 10 years after the date on the certificate.
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