Legal Question in Criminal Law in Washington

Vacate a Felony

I plead (alford plea) guilty to manufacturing w/ intent to deliver marijuana in 1993. Completed all court requirements and have since been able to vote (didn't have to ask). Does this mean my rights were restored?

What is the process to have the case file vacated and sealed? If I understand my research I am unable to have the case expunged is that correct?

I have since led a life free of drugs and crime (except a speeding ticket or two... ok maybe three) :)

I have been able to locate forms for Motion and Declaration for Order Vacating Conviction, but I read these are for misdemeanors and look like they require an attornies signature. Am I able to file the forms myself if I find them or am I required to hire an attorney?

Please advise.

Regards,

Scott


Asked on 4/08/08, 7:05 pm

2 Answers from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Vacate a Felony

Scott,

You can do it on your own. Needless to say, you may find that it's more of a headache figuring out than paying the few hundred dollars for an attorney's assistance. You are correct that the Washington Court Form site only holds forms for misdemeanor convictions. As your attorney, I'd draft original motions for the Superior Court addressing the specifics of your case and highlighting to the court why they should grant your motion. Good luck.

At your service,

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Answered on 4/09/08, 4:32 pm
Harry Steinmetz Law Office of Harry S. Steinmetz

Re: Vacate a Felony

Scott,

The fact that you have been able to vote does not mean your rights were restored. You may have been voting illegally and you do not want to bring this to anyone's attention.

The Northwest Women's Law Center has forms and directions how to vacate a conviction. If you want to do this yourself, please go to their website and learn what you need to do. You can file everything yourself and don't need an attorney, but you will get what you pay for. It may take you a couple of tries to get all the right information in one place.

Good luck. If you decide to hire someone, please give my office a call.

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Answered on 4/08/08, 7:13 pm


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