Legal Question in Criminal Law in Washington
Felony Record
I was convicted of Grand Larceny in 1976 and now it is no longer a charge in the books what class of felony would it be considered now and would i be able to get it taken of my record since i have never been in trouble since
2 Answers from Attorneys
Re: Felony Record
Grand larceny is now known as theft. The seriousness level is determined by the value of the property or services involved.
Theft 1st degree (class A): $1500 and up
Theft 2nd degree (class B): $250 - $1500
Theft 3rd degree (misdemeanor): < $250
Typically, courts deferred sentencing in 1976 and upon successful completion of probation/supervision, an order of dismissal was filed. In some counties, the burden was upon the defendant to pursue the dismissal.
For a small fee, the clerk's office will send you a copy of your judgment and sentence, discharge and an order of dismissal (if one was entered). Dismissal orders that have the right language are the equivalent of current orders vacating convictions. Vacated convictions will not be reported by WSP on background checks.
You may also take additional steps to seal the criminal file. For such an old offense, I doubt there is much benefit to sealing unless you are encountering specific difficulties, e.g. possessing/purchasing firearms or entering Canada.
Re: Felony Record - clarification
You do not need to seal a criminal file to possess firearms.
If a grand larceny charges was dismissed, and civil rights were restored (by discharge or order of dismissal), the offender is not prohibited from possessing firearms.
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