Legal Question in Criminal Law in Washington

Re: re: expungment

If it is still appearing on your record, either you, or your attorney, need to petition the court to have it removed. Because you were convicted in 1984, you may qualify for this to be removed from your record pursuant to RCW 9.95.240. You would have a different approach/outcome than individuals that are subject to the current vacation of conviction statutes. The only way to be certain is to view the pleadings from your case. Best thing to do, at this point, is contact a lawyer that handles Expungements/Vacation of Conviction in Lewis County.

Re: re: expungment

There is no expunction in in Washington state for conviction records.

The current remedy is vacation of convictions. There area many answers in this forum to explain the process.

However, it is very likely that your order of dismissal included language that effectively makes the the equivalent an order vacating, i.e. "defendant is relieved of all penalties and disabilities resulting from the conviction". A vacated conviction will not be reported by law enforcement agencies.

If your offense is still showing up as a conviction, it is because WSP never received the dismissal. If the offense shows up in WSP reports as a dismissal, either (1) the order of dismissal did not have the language mentioned above or (2) WSP has not updated your record since a 2001 WA supreme court case that equated old dismissals with orders to vacate.

Be advised that neither a dismissal or order vacating conviction seals or destroys your record. Anyone can view your case as it is a public record. The benefit of vacating is that WSP will not report it and you can state for all purposes that you have not been convicted of the offense.

Finally, the order of dismissal removes a firearm disability under WA state law; however, unless the dismissal order also restores your civil rights (again "relieved of all penalties and disabilities" language), you are prohibited from possessing firearms under federal law . . . in WA, AR and throughout the country.