Legal Question in Criminal Law in Washington

dv 4th degree

can i have this charge exspunged from my record


Asked on 9/05/08, 1:34 pm

3 Answers from Attorneys

Paul Ferris Law Office of Paul T. Ferris

Re: dv 4th degree

You have not stated whether you are referring to an arrest record or a conviction (or dismissal).

In limited circumstances, an arrest record may be expunged. There is no expungement of court records.

If you were convicted of the offense, you may be able to vacate the conviction. You may also be able to seal the court file, though sealing provides little benefit other than concealing particular facts, reports and probation violations. If sealed, the public will still know that you were charged with assault fourth degree - domestic violence. They would not know whether it was dismissed or vacated.

Generally, a DV misdemeanor assault conviction may be vacated if the offender has NO prior DV convictions, has not subsequently been convicted of ANY crime, completed all of the conditions of the judgment and sentence and five years have passed since doing so, and has not been subject to a restraining or protection order within the previous five years.

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Answered on 9/05/08, 1:43 pm
Aaron A. Pelley Cultiva Law, PLLC

Re: dv 4th degree

It depends. You more likely wish to seek a vacation of conviction. This will allow you to say you have not been convicted of the crime for the purposes of employment and housing. You must wait five years after you finish all the terms and conditions of your sentence, with no other criminal law violations.

For a complete review of the conditions for seeking a vacation of conviction see RCW 9.96.060.

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Answered on 9/05/08, 1:46 pm
James J. White, attorney Law Offices of Smith & White, PLLC

Re: dv 4th degree

There are a number of remedies available depending on what you are trying to accomplish. If you are in Western Washington contact me if you'd like assistance.

At your service,

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Answered on 9/05/08, 6:02 pm


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