Legal Question in Criminal Law in Washington

Re: physical control/alfred plea.

Unfortunately, you cannot have this charge removed. See the relevant statute quoted below. The fact that you did not have an attorney and did not understand that an alford plea is the equal of a guilty plea may be a basis for withdrawing your plea and starting the case over. You'll need a lawyer's help. If you'd like further assistance contact me directly.

At your service,

"(2) An applicant may not have the record of conviction for a misdemeanor or gross misdemeanor offense vacated if any one of the following is present...

(c) The offense was a violation of RCW 46.61.502 (driving while under the influence), 46.61.504 (actual physical control while under the influence), or 9.91.020 (operating a railroad, etc. while intoxicated)..."

Re: physical control/alfred plea.

No, you cannot remove a Physical Control conviction from your record.

An Alford Plea is nonetheless a plea of guilty, just without acknowledging cupability. It is of comfort only to the person entering the plea, and it's legal significance is an attempt to avoid civil liability for any damages caused by the act.

From what you have written, I assume you were not represented by counsel. No one should go through a DUI prosecution without an attorney; this is even more important in Physical Control cases because there are a number of defenses and issues that arise in such cases.

It may be possible to withdraw your plea of guilty. If you cannot afford an attorney, contact the local public defender's office or the court clerk. File a written request to withdraw your plea.

Your request may not be granted, but it is the only option you have for undoing what you perceive as a wrong.