Legal Question in Criminal Law in Washington

Re: Removing Crime from Record

You do not legally "need" an attorney in order to do have the conviction information removed, but it might be difficult and time consuming to go through the process if you've never done it before. It sounds like you'd be eligible to have the conviction information taken off of your record. If you would like, you can call my paralegal Tammy at 206-985-8000 and she can set up and appointment for you and I to meet (free initial consultaiton).

Re: Removing Crime from Record

Washington�s Sentencing Reform Act (�SRA�) allows you to get that 15-year-old conviction off of your record either by having it �vacated� or �expunged.�

Vacated means the record still exists but all of the data is masked and will never be released. It still appears on your record but the computer won�t print out the nature of the offense or anything else pertinent about the conviction. Vacation merely prevents dissemination by the State Patrol and local law enforcement agencies of that particular conviction, but the conviction is technically still on your record although no one can read it. (Back when I was a prosecutor, I used to occasionally see vacated records. Usually all the conviction data is replaced by asterisks.)

Expunged, on the other hand, means that the actual file, all records, and references associated with your conviction are destroyed and are made so it never existed. Once a conviction is expunged, it won�t appear on your criminal history anymore. As you can imagine, expunging a conviction is a little more involved but perhaps more of what you�d be interested in after 15 years.

The SRA is designed to be user friendly. Most of the forms are available on the Internet for free. While it�s true that no lawyer is required, the assistance of legal counsel can be especially to successfully navigate the many stops along the process. My firm handles these kinds of actions. If I can assist you further, please call me at (360) 676-8000.

The conviction may be vacated, but not expunged.

If you meet the statutory requirments of 9.94A.640, the record of conviction may be vacated. Essentially, at least 10 years must have passed since you received your certificate and order of dishcarge (5 years for Theft 2, class C). Additionally, you must have no criminal convictions for ANY offense, e.g. DUI, recreational fishing, since being dishcarged and have no charges pending.

Once a conviction is vacated, you can state for all purposes, including applications for empoyment, that you have not been convicted of the offense. The conviction would not appear in the results of a public inquiry into your criminal history.

However, the conviction can still be used in a subsequent prosecution. For example, if you have the conviction vacated and are subsequently found to be in possession of a firearm, you could be prosecuted for Unlawful Possession of Firearm. Restoration of firearm rights is a separate remedy.

Currently there is no provision for expunging convictions.

For further information on this topic, read the Washington Supreme Court opinion in State v. Breazeale, which you can easily find by using the case name in any search engine.