Being labeled a criminal can impact many aspects of a person’s life, including employment opportunities, housing applications, and professional licenses. Can such a record be removed? The good news is that in certain circumstances the answer is ‘yes’. However, Washington law does require a certain amount of time to have passed since the completion of a sentence. Additionally, having other pending charges or recent convictions may also affect a person’s eligibility to have their criminal charge vacated.
A conviction does not, per se, erase the fact that a conviction occurred, but it does restore certain legal rights and can prevent the conviction from appearing in many background checks. Whether one qualifies for expungement or vacation depends on a plethora of factors, i.e. the type of offense, the sentence imposed, and the amount of time that has passed since completing your sentence. In addition to being beneficial for housing and job opportunities, vacating a conviction may also restore certain civil rights, i.e the right to vote or serve on a jury. So, while vacating a conviction does not completely erase a conviction, it does allow for legal recognition that an individual has completed her sentence and is entitled to a fresh start.
All this said, not all misdemeanors or felony convictions are eligible for vacating, i.e. some serious offenses and/or violent crimes may be excluded.
The process of vacating a criminal record in Washington requires the affected person to file a petition with the court that handled the original case. The petition generally includes detailed information about the conviction, the sentence, and evidence of rehabilitation. An experienced attorney can help prepare a strong petition, gather supporting evidence, and represent the affected person in court to maximize the likelihood of success. As with most things, timing is a key factor in determining eligibility to vacate a criminal record.
If you or a loved one is in a bind as a result of a criminal allegation, immediately contact a Seattle Criminal Attorney. A Seattle Criminal Defense Attorney is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and sometimes even get them dismissed. So, it should go without saying that someone cited for a crime should hire a qualified Seattle criminal lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a criminal case in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
