Legal Question in Criminal Law in Washington

Re: Negligent Driving 1

Negligent Driving 1st Degree is a misdemeanor. This conviction does not typically cause problems for those seeking employment. However, if the job involves driving, particularly for hire and/or carrying passengers, it could adversely affect your chances of being hired.

If you have no subsequent convictions, you will become eligible to vacate the record of conviction three years after you have completed all of the conditions of the judgment and sentence. The 3 year period typically commences upon termination of probation.

Once the conviction is vacated, you can state for all purposes, including applications for employment, that you have not been convicted of the offense. Be advised that the court file still exists and vacating the conviction does not mean that some record of the incident cannot be found. It does mean that law enforcement agencies, e.g. Washington State Patrol (WSP), are prohibited from disseminating conviction information.

For example, if this is your only offense and you performed a search with WSP for your criminal history, you would receive a report that includes the Negligent Driving 1st Degree conviction. Once the conviction has been vacated, WSP would return a report that states they have no criminal history for you. (Case information could still be obtained from the Washington Courts online database or the court clerk's office.)