Legal Question in Criminal Law in Washington
Vacate/expungement
I have a Theft in the second degree charge original charge was forgery but got reduced it has been 3 yrs since my discharge all fines are paid. Am I able to file to vacate,seal or exspunge my record? I know I would have to wait 2 more years however due to the charge am I even eligible?
1 Answer from Attorneys
Re: Theft convictions can be vacated
Provided you are not subsequently convicted of ANY criminal offense, you should be eligible to vacate the conviction on the 5th anniversary of your Certificate and Order of Discharge.
Contact the court to ensure that a Certificate was filed and obtain a copy. You will likely need one when you file the motion to vacate.
The Certificate restores your core civil rights - to vote, hold elected office and serve as a juror. If you ever wish to possess firearms (including muzzleloaders and antiques in WA) you will have to file a separate petition, which you would be eligible to do on the fifth anniversary of your conviction date or release from custody, whichever is later.
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