Legal Question in Criminal Law in Washington
Expurge, seal, vacate?
I pled guilty to solicitation to commit 2nd degree arson and was convicted in January 2005. I completed my probation in January of 2006. How long before I can get that conviction off my record and how do I go about it?
1 Answer from Attorneys
Re: vacate and sealing
You will become eligible to vacate your class C felony on the 5th anniversary of your certificate and order of discharge, provided you then meet the eligibility requirements (i.e., no new convictions).
Although there is no statutory waiting requirement, the court rule that allows an offender to seal a criminal cases provides that whether a conviction has been vacated is one of the factors to be considered. In other words, though vacating is not a prerequisite, most judges will consider it a necessary first remedy.
Expunging your record - total obliteration of all traces of the case - is not an option.
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