Legal Question in DUI Law in Washington
Pardon for 25 yr old sentence
I had a DUI in 1981 and have had no other offenses since. Can I be pardoned (or can this be removed from my record)? I am trying to get a border crossing pass (Washington State to British Columbia) and they will not issue it to me with this on my record. Thanks
2 Answers from Attorneys
Other recourse
Under current Washington statutes, convictions cannot be expunged (total destruction of records). Certain crimes may be vacated, but DUI cannot.
You can apply for a pardon, but it may prove to be more trouble than it's worth. Pardon applications are available by written request to the governor's office.
You may find it difficult to provide the documentation (reports, court papers) that you are instructed to provide because they likely will have been destroyed. The process involves notifying the prosecuting authority's office that handled the case and scheduling a hearing before the pardons and clemency board, which meets 4 times per year. You would not likely be able to schedule a hearing until early 2007.
Consider althernatives. You may qualify for NEXUS under the "deemed rehabilitated" exception, based upon the age and type of offense. If not, you could apply for a Canadian Certificate of Rehabilitation.
If you need legal assistance to pursue these options, feel free to contact me. Visit http://www.cic.gc.ca/english/visit/conviction.html for more information.
Re: Pardon for 25 yr old sentence
The expungement statutes do permit the removal of certain types of misdemeanors and gross misdemeanors from a person's record if certain conditions are met. Regretfully, DUI offenses are excluded from the class of offenses that so qualify. Go to the Washington Courts web sit and download the information about expungment of offenses for specific information. Good Luck!