Legal Question in Criminal Law in Washington
getting something expunged
How long does one have to wait to get a misdemeanor attempted theft charge in the 2nd degree expunged from his record and does he need an attorney to do it? Thanks.
2 Answers from Attorneys
May be able to vacate conviction; may not be able to expunge
Current statutes do not allow offenders to "expunge" (total destruction) a conviction; however, you may be able to vacate the conviction. The applicable law is RCW 9.96.060. The forms can be found at www.courts.wa.gov
You do not need to retain an attorney to handle this process; however, you should review the statute and any instructions available to ensure you complete the process and avail youself of all of the benefits of vacating the conviction.
You may also be eligible to seal the court file (fundamentally different proceeding and a bit more complicated) under General Rule 15.
Re: getting something expunged
Three years from the time you completed the terms of you sentence. You do not need an attorney to do it but then no one ever needs an attorney. It is often easier and wiser to hire an attorney. I charge $500 if you'd like my assistance.
At your service,
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