You do not need to be caught up in a criminal record in your records. Your state of Washington's criminal conviction may be overturned if you meet the criteria. Even after your conviction is thrown out, Washington state law allows you to declare that you have not been convicted of employment.
Exhaustion is often a misunderstood term and procedure. In Washington, the release of a criminal complaint or a criminal conviction deletes a criminal conviction. The terms Expungement and Vacating are largely interchangeable, the difference being that Vacating is a legal term.
Dropping a criminal record by removing a conviction does not destroy or stamp the file. However, it is possible to destroy or delete the arrest record if the eligibility requirements are met. When an arrest record is deleted, booking photos and fingerprints are destroyed and removed from the police record.
In Washington State, the dismissal process differs between criminal convictions and misdemeanor convictions. The following 7 steps give an overview of what is included.
1. The required time period has elapsed since the completion of the course.
The first prerequisite for eligibility in Washington State is the passage of the required time period. For a misdemeanor, the time period begins to run from the day the case is closed. For a felony, the time period begins to run from the day the document, called the Release Certificate, is filed with the court. In either case, the case is closed or a release certificate is issued after all the terms of the sentence have been met as required.
2. The conviction meets the conditions for release.
Certain judgments and classifications of judgments do not qualify for Washington State Expungement. In general, Class A (most serious) offenses, sex crimes and violent crimes cannot be avoided in Washington State. Among the misdemeanors, Washington State does not allow a DUI conviction to be thrown out.
3. You fulfill the Clean Behavior Condition.
Two situations will make your conviction ineligible for exemption. For a misdemeanor, if you were later convicted of another offense, then you would not be entitled to delete the offense. For example, if you were convicted of a misdemeanor in 1995 and another felony in 1997, the 1995 crime could not be exceptional. If you are convicted of another felony after the date of filing your release certificate, you cannot be acquitted.
4. Special rule for offenses.
There is an interesting rule in Washington State that applies only to misdemeanor convictions. To release an offense, you cannot have any other judgment to be thrown out (exempted). What does this mean if a person has a felony and a misdemeanor conviction, and the person first acquitted the criminal convictions, then the offense can no longer be reversed. However, if the misdemeanor is first quashed and the misdemeanor conviction occurred before the sentence, then the offense can still be quashed.
A criminal conviction exemption or vacation requires a judge to sign a court order. The trial begins with a motion to quash the conviction. Before filing a Motion, you should receive copies of judgments and judgments and judgments from a court clerk. You should also get a criminal history report, called the WATCH Report, from the Washington State Patrol website.
6. Your day in court.
Most Washington State courts seek a hearing to enforce a criminal conviction with Expunge or Vacate. Most courts do not require you to attend if a lawyer appears at the hearing on your behalf. If the preparation is well done, the hearing should go very smoothly and the judge will sign a court ruling revoking your criminal conviction.
7. Your criminal complaint is deleted.
The court clerk processes the Order and sends a certified copy to the Washington State Patrol, which removes the conviction from the public database. The FBI record was updated based on the Washington state record. If the order is properly prepared, a copy will also be sent to the police department that handled the case, and your record will be deleted in their file. Your conviction has now been deleted (vacated) and your criminal complaint is being deleted.
As you can see, you do not need to be caught in a criminal record in your records. It is not difficult to overturn a conviction in Washington State if you meet clear criteria. In most cases, these 7 steps take only a few weeks.
Copyright © 2008 Douglas Stratemeyer. All rights reserved.