Vacations, Expungements, and Sealing of Criminal Records

King County Criminal Defense Attorney Assisting People with Vacations, Expungements, and Sealing of Criminal Records

Criminal convictions can damage a person’s reputation, relationships, and job prospects long after their sentence has been served. Fortunately, some people found guilty of crimes in Washington state are eligible to vacate, expunge, or seal their convictions, which can help remove the stigma associated with an offense and allow a person to move forward with their life with a fresh slate. If you were found guilty of a crime, it is in your best interest to talk to an attorney about whether you may be able to vacate, expunge, or seal your conviction. Natalie Findley-Wolf of Findley-Wolf Law is a seasoned King County criminal defense attorney with ample experience handling vacations, expungements, and sealing of criminal records, and if you hire her, she will advise you regarding your rights and options. Ms. Findley-Wolf often represents people in criminal matters and civil protection orders in King, Snohomish, Pierce, and Skagit Counties.

Vacations, Expungements, and Sealing of Criminal Records

Washington State law provides avenues for individuals to vacate or expunge certain criminal convictions from their records, offering them an opportunity for a fresh start.

Juvenile records are automatically destroyed, or expunged, within 90 days of when they are eligible for expungement. Washington law currently does not allow for the expungement or destruction of adult criminal records relating to actions that resulted in a conviction or adverse findings.

Any individual convicted of a misdemeanor can apply to the court that sentenced them for a vacation of their conviction. RCW 9.96.060 outlines the criteria for vacating a misdemeanor conviction in Washington State.  If the court determines the applicant meets the criteria, the court may vacate the conviction. Not all misdemeanor convictions can be vacated, though. Specifically, misdemeanor convictions for DUI and physical control of a vehicle, violent crimes, and certain pornography, obscenity, sexual exploitation of children, and sex offenses are not eligible to be vacated. A person found guilty of failing to register as a sex offender under RCW 9A.44.132 can seek to have their conviction vacated, however.

Certain felony convictions can also be vacated under RCW 9.94A.640. Several factors determine whether a person is eligible to vacate a felony conviction in Washington state. Initially, it is important to determine whether the conviction is for a Class A, B, or C felony. Convictions for Class A felonies cannot be vacated. Class B felony convictions may be vacated if at least ten years have passed since the person’s release from confinement or community custody or the date of sentencing, whichever is most recent. Additionally, the person cannot have any other convictions within the ten-year period or any criminal charges pending against them. They must complete all of the conditions of their sentence as well, including evaluation and treatment programs, community service, and any legal or financial obligations.

It is important to note, however, that the vacation statutes only apply to adult convictions, as other rules dictate eligibility for vacating juvenile convictions.

Where vacation or expungement is not available, sealing may be, providing individuals with the opportunity to limit access to their past criminal history. Eligibility for record sealing depends on various factors, including the nature of the offense, the age of the offender at the time of the offense, the completion of sentence requirements, and how much time has passed since the conviction. It is important to note that there are different requirements for sealing juvenile and adult records.

Relief From Sex Offender Registration and Deletion of Non-Conviction Data

Many people have “non-conviction data,” meaning that they have arrest information that is publicly available but does not amount to formal criminal history. This information may also be eligible for removal from Washington State Patrol’s central information database under RCW 10.97.060 and, therefore, erased from their permanent record.

Finally, both juveniles and adults may be eligible for relief from sex offender registration that requires them to law enforcement a certain number of times each year and can be subject to community notification. Many adult offenders are eligible for relief from this requirement after a decade or more under RCW 9A.44.142, while pursuant to RCW 9A.44.143, the waiting period for juveniles is shorter.

Meet with a Trusted King County Criminal Defense Attorney

A criminal conviction can inhibit a person’s rights and opportunities. As such, vacations, expungements, and sealing of criminal records can help remove their limitations by essentially removing evidence of the conviction. Natalie Findley-Wolf of Findley-Wolf Law is a trusted King County criminal defense attorney who understands the importance of removing evidence of convictions, and if you were convicted of a crime, she can assess the circumstances surrounding your conviction and help you to seek the best outcome available. Ms. Findley-Wolf frequently handles criminal cases for people throughout Washington, including cities in King, Snohomish, Pierce, and Skagit Counties. You can contact Ms. Findley-Wolf at 206.228.2800 to set up a free one-hour consultation. Phones are answered 24/7.