Legal Question in Criminal Law in Washington
forgery
my niece was convicted of forgery. She just completed all of the things the court told her to do. She got the pater in which says she has completed every thing. How long before she can apply for her conviction to be expunged. Her crimp was commited in Washington State. It was don quite a few years ago. She now lives in Maryland. Does she have to appear in court
3 Answers from Attorneys
Re: forgery
Dear LawGuru Friend,
If the conviction happened in Louisiana, then she gets an automatic pardon once she has completed her sentence; providing it is her first felony conviction. Now, whether or not this entitles her to have her record expunged, I am not sure. Probably not, because, even having been granted an automatic pardon, one still can have that first conviction used against him or her should he or she have be charged with a second felony. You may find the answer by calling up the Louisiana Expungement Law by accessing Louisiana Laws under the Louisiana Legislature's web-site. I am certainly no expert on Louisiana expungement law, but I know enough to know that Louisiana's Expungement Law will be found in either the Louisiana Code of Criminal Procedure, or in Title 46 of the Louisiana Revised Statutes. I am embarrassed to admit my limited knowledge of the law governing expungements. NOW, GET THIS! If your daughter's conviction was a plea of guilty and she was sentenced under the benefit of Article 893 of the Louisiana Code of Criminal Procedure, once she has completed her probation as ordered, she can then be allowed to withdraw her plea of guilty and then have the original charge dismissed; and that is the same as if she had never been charged. Then my guess is that she should be able to have even her arrest and court records "expunged". There is more to it all than this, but this is something to think about. If you would like, you can e-mail me your name and e-mail address, and I will look up the LA Expungement Law and get back with you. There will be no charge for this service. Best of luck to you and your daughter!
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA
Re: forgery
My apologies for it taking so long for you to hear from a Washington lawyer. Somehow I overlooked your question. The date we start from is the date she completed the conditions. Generally speaking the term is five years although there are some caveats. Contact me directly if you'd like to follow up with this.
At your service,
Re: forgery
The crime was committed in Washington State. Contact a Washington attorney for guidance.
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