As most of us all know, Marijuana use is now legal in Washington State, with some minor limitations. This wasn’t always the case, obviously. In fact, prior to 2012, it was illegal to possess, sale or use Marijuana; the possession, sale and/or use of Marijuana could result in a criminal conviction. That has changed, and as of late July 2019 those folks with a Marijuana conviction on their record can have it vacated. This is so because our state government has deemed it unfair to maintain a conviction for something that is no longer illegal in our state; the government has acknowledged that a Marijuana conviction can sometimes impede one’s ability to get a job or even rent/own a home. The ability to vacate a Marijuana conviction is a step beyond Governor Inslee’s offer in January to pardon those convicted for Marijuana use/possession. This is so because his pardon does not ultimately eliminate a conviction, and the pardon offered was for convictions that covered only: (1) certain dates and/or periods, and (2) single (not multiple) marijuana related convictions.
So let the vacations of Marijuana convictions begin! The steps are pretty darn simple. First, find the court of conviction, where the charge and conviction took place (Note: if multiple courts involved, each court has to be dealt with separately). Second, go to the court and request a form entitled, “Motion and Declaration for Order Vacating Marijuana Conviction”. Third, fill out the form (duh). Fourth, file the completed form with the court clerk and request a hearing before the judge. Fifth, when instructed appear for the hearing to have your Marijuana conviction vacated. As we said above, pretty darn easy.
What is the benefit of a vacated Marijuana conviction? Well … one, a person can legitimately say they haven’t been convicted of the Marijuana crime, two, it clears a person of all penalties related to the Marijuana charge, and three, it can’t be considered against the person on other non-related criminal matters. What are the drawbacks of a vacated Marijuana conviction? None … well … actually … it does take some time out of your busy day … and as they say … time is money, and money is time … so there is that.
If you are a loved one is cited, charged or arrested for a crime, it is a very smart idea to immediately hire a qualified Seattle Criminal Defense Lawyer. The Seattle Criminal Defense Attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle Criminal Lawyers that are dedicated to providing top notch, aggressive representation for those arrested or charged for crime all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case. So, whether you are cited with an infraction or arrested and/or charged with misdemeanor, gross misdemeanor or a felony, protect yourself … call SQ Attorneys at (206) 441-0900.