Legal Question in Criminal Law in Washington
my record
I have lived in Washington my whole life and about 8 years ago I got into some trouble. I walked into somebodies house to try to find pills. No one was home. I have paid all my fines and I have been off probation for a few years now.I have not been in trouble with the law at all not even a traffic ticket in the last 6 yrs. I am clean and sober and have been for 6 yrs. I would like to move foward and get this off my record. Do you think I can?
1 Answer from Attorneys
Re: my record
Assuming you were convicted of Residential Burglary, a class B felonoy, you will eligible to vacate the conviction on the 10th anniversary of your Certificate of Discharge, provided you have no new convictions during that 10 year period.
A Certificate of Discharge restores your right to vote, serve as a juror and hold elected office. It does not restore the right to possess firearms under state law, though it does so under federal law. You are eligible to petition for restoration of your right to possess firearms under state law on the 5th anniversary of your conviction or release from incarceratoin, whichever is later.
Vacating a conviction does not expunge or destroy records; it is simply a dismissal of the charge and you are no longer considered a convicted felon.
Following vacation of the conviction, you would be eligible to seal the court file. Sealing is a discretionary decision for the court, and would like require compelling circumstances.
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