Legal Question in Criminal Law in Washington

third degree assault

I was convicted of third degree assault in 2002, can this ever be removed from my record


Asked on 7/11/09, 9:56 pm

1 Answer from Attorneys

Paul Ferris Law Office of Paul T. Ferris

Re: third degree assault

Assault 3rd Degree, a class C felony, is a "crime against persons" and cannot be vacated under current statutes.

There are some post-conviction options that may be beneficial with respect to gun rights, employment, housing and travel. While restoring gun rights is not discretionary (if you qualify, petition is must be granted), the other forms of relief are discretionary:

1. Order restoring the right to possess firearms(vacating is not necessary)

2. Certificate of Rehabiliation from Canada to gain entry

3. Governor's pardon (could possibly remove firearm disability)

4. Order sealing criminal case - very difficult burden to meet

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Answered on 7/11/09, 10:04 pm


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