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REMOVING CONVICTIONS AND NON CONVICTION DATA
RESTORING YOUR RIGHT TO VOTE OR BEAR ARMS

Washington State law allows for the expungement, vacation, or sealing of

criminal records in certain circumstances. We may be able to help you “clean-up” your

criminal records through these procedures. The process that may work for you depends

upon your particular record.

The law provides that certain criminal records may be removed, changed or sealed from

general public access. Even when a person has been convicted of a crime there are

sometimes effective ways to remove that criminal conviction from the person’s public

record. Not every arrest, charge or conviction can be removed, changed or sealed. But

Washington State statutes provide a number of options. These laws apply to the official

records held by the State of Washington as well as the various counties and cities. . If

you are interested in removing criminal history from your record + you need attorney ?


HERE IS A SHORT GUIDE TO COURT RECORDS AND CRIMINAL HISTORY

Here are some terms you will want to know:

Non Conviction Data: Records of arrest or criminal charges which are later dismissed

or where the defendant is found not guilty.

Conviction Data: Records of convictions findings of guilt and even dismissal that were

obtained by completing a deferred prosecution or similar program.

Expungement of Record: The removal of a conviction from a person’s criminal record.

Vacate: To nullify or cancel; make void; invalidate, “the court vacated the judgment.”

Sealing Records: The act or practice of officially preventing access to particular records,

in the absence of a court order.

Restoration of Rights: Post conviction relief that allows a person to own or possess a

firearm, vote or be free from other restrictions on their behavior.


Court Records Generally

A court record includes documents, information, and exhibits that are maintained by the

court in connection with a judicial proceeding. If a defendant is convicted, the record

contains a disposition order or judgment and sentence specifying the crime(s) committed

and the punishment imposed. If a defendant is acquitted or the court determines charges

should not go forward, the record shows the action has been dismissed.


Court records are maintained by the clerk of each court. Court records, like court

hearings, are generally open to the public. But a court can only address requests about

cases filed in that court. If you have cases in more than one court, you must make a

separate inquiry to each court.


Whether a court record may be sealed or destroyed and whether a conviction may be

vacated depends on the type of crime involved (misdemeanor or felony) and the court

where conviction is obtained (juvenile or adult).


Sealing or destroying a court record or vacating a conviction does not necessarily affect

the records maintained by law enforcement agencies, other government agencies, or

private concerns. Requests about records maintained by other agencies must be made to

those agencies.


Criminal History Records

Criminal history record information includes descriptions and notations of detentions,

arrests, indictments, informations or other formal criminal charges, and any dispositions.

You have the right to inspect your criminal history record on file with a local police

agency or with the Washington State Patrol.


Local police agencies submit criminal history record information to the State Patrol,

which maintains the information in a statewide repository. Whether information

contained in a law enforcement agency’s files may be modified, sealed, or deleted

depends on the outcome of the case (acquittal or conviction) and on the court that heard

the case (juvenile or adult). Modifying or deleting criminal history records does not

necessarily change the records maintained by the courts.

A request to modify, seal, or destroy a court record must be directed to the court in which

that record is filed.


ADULT COURT RECORDS
DEFERRED SENTENCES

If a person receives a deferred sentence and successfully completes probation, he or she

may need to file a motion for dismissal with the court.


VACATING MISDEMEANORS.

If a person has completed all the terms of his or her sentence and more than three years

have passed since completion;

No criminal charges are pending against the person and he or she has not been convicted

of a new crime in state or federal court;

The person has not had the record of another conviction vacated; and

The person has not been restrained within the last five years by a domestic violence

protection order, a no-contact order, an anti-harassment order, or a civil restraining order.

In addition, the offense must not be:

A violent offense, as defined in RCW 9.94A.030, or an attempt to commit a violent

offense;

A violation of RCW 46.61.502 (driving under the influence), 46.61.504 (physical control

of a vehicle while under the influence), or 9.91.20 (operating a railroad, steamboat, or

vehicle while intoxicated);

A violation, including attempt, of chapter 9.68 RCW (obscenity and pornography),

chapter 9.68A RCW (sexual exploitation of children), or chapter 9A.44 RCW (sex

offenses); or


An offense involving domestic violence in some circumstances.

Forms to request that a misdemeanor or gross misdemeanor conviction be vacated may

be obtained from the courts, online at http://www.courts.wa.gov/forms/, or from the

Administrative Office of the Courts at (360) 705-5328.


VACATING FELONIES

A person who has been discharged may request, by motion, that the sentencing court

vacate certain felony convictions. But the record of conviction may not be cleared if:

Criminal charges are pending against the person in state or federal court;

The conviction was for a violent offense as defined in RCW 9.94A.030 or a crime against

persons as defined in RCW 43.43.830;

The person has been convicted of a new crime in state or federal court since discharge;

The offense is a class B felony and less than ten years have passed since discharge;

The offense is a class C felony described in RCW 46.61.502(6) or 46.61.504(6) and less

than ten years have passed since discharge, or the offense is any other class C felony and

less than five years have passed since discharge.


Effect of Vacating Conviction. A person whose conviction has been vacated may state

for all purposes that he or she has not been convicted of that crime. When a conviction is

vacated, however, the court file is not destroyed. The conviction may be used in a later

criminal prosecution.


DELETION OF CRIMINAL HISTORY RECORDS

A person’s criminal history record on file with a law enforcement agency may be deleted

at the request of the person who is the subject of the record if:

The file consists of nonconviction data only;

At least two years have elapsed since the record became nonconviction data as the result

of entry of a disposition favorable to the defendant, or at least three years have elapsed

from the date of arrest or issuance of a citation or warrant for which a conviction was not

obtained (unless the defendant is a fugitive or the case is under active prosecution);

The person has not had a prior conviction for a felony or gross misdemeanor; and

The person has not been arrested for or charged with another crime during the intervening

period.

Deletion of criminal history records is not available for cases that result in

convictions or other dispositions adverse to the defendant.


CHALLENGES TO INCORRECT CRIMINAL HISTORY RECORDS

A person who is the subject of a criminal history record may challenge the accuracy or

completeness of that record. Challenges must be made in writing. Under RCW 43.43.730,

a State Patrol decision declining a request to modify a record may be appealed.


SEALING ADULT COURT RECORDS

Under General Rule 15, sealing a court record may be ordered when a conviction has

been vacated or when the court finds that compelling privacy or safety concerns outweigh

the public interest in access to the record. Current law does not allow for destroying the

court record of a criminal action against an adult that results in a conviction or adverse

finding.


JUVENILE COURT RECORDS
DEFERRED DISPOSITION

If a juvenile is granted a deferral of disposition under RCW 13.40.127, at the conclusion

of the period set forth in the order of deferral and upon the court’s finding of full

compliance with conditions of supervision and payment of full restitution, his or her

conviction, except under RCW 16.52.205 (first degree animal cruelty), is to be vacated.

Records of deferred disposition cases are to be sealed no later than 30 days after the

juvenile’s 18th birthday, provided that the juvenile does not have any charges pending at

that time. If a juvenile has reached his or her 18th birthday before July 26, 2009 and does

not have any charges pending, his or her request that the court issue an order sealing the

records of the deferred disposition is to be granted.


SEALING JUVENILE COURT RECORDS

The juvenile court file of an alleged or proven juvenile person, which includes the

petition or information, motions, memorandums, briefs, findings of the court, and court

orders, is open to public inspection unless it is sealed under RCW 13.50.050.


A person who is the subject of information filed under RCW 13.40.100 or a complaint

filed with the prosecutor and referred for diversion under RCW 13.40.070 may file a

motion to have the court order the sealing of the juvenile court file and other records

relating to his or her case.


The court is not to grant a motion to seal records for class A offenses filed on or after

July 1, 1997 unless:

Since the last date of release from confinement, including full-time residential treatment,

or entry of disposition, the person has spent five consecutive years in the community

without committing an offense or crime resulting in an adjudication or conviction;

No proceeding seeking conviction for a juvenile or criminal offense is pending against

the person; • No proceeding seeking formation of a diversion agreement is pending;

The person has not been convicted of a sex offense; and

Full restitution has been paid.

The court is not to grant a motion to seal records for class B, class C, gross misdemeanor,

and misdemeanor offenses and diversions unless:

Since the date of last release from confinement, including full-time residential treatment,

entry of disposition, or completion of the diversion agreement, the person has spent two

consecutive years in the community without being convicted of any offense or crime;

No proceeding seeking conviction for a juvenile or criminal offense is pending;

No proceeding seeking formation of a diversion agreement is pending;

The person has not been convicted of a sex offense; and

Full restitution has been paid.


EFFECT OF SEALING. When a motion to seal records is granted, the proceedings in

the case are to be treated as if they never occurred. Subsequent adjudication of a juvenile

offense or a crime or charging of an adult felony voids a sealing order.


DESTROYING JUVENILE RECORDS, including those maintained by any court or

law enforcement agency, these records may be destroyed when:

The person who is the subject of the information or complaint is at least 18 years old;

The person’s criminal history consists entirely of one diversion agreement or counsel and

release entered on or after June 12, 2008;

Two years have passed since completion of the agreement or counsel and release;

No proceeding is pending that seeks conviction of the person for a criminal offense; and

There is no restitution owing in the case.

A person 18 years of age or older whose only criminal history is one juvenile diversion

agreement or counsel and release entered before June 12, 2008 may request that the court

order destruction of his or her case record if the court finds that two years have passed

since completion of the diversion agreement or counsel and release.

A person 23 years of age or older whose criminal history consists only of referrals for

diversion may request that the court order destruction of the records of his or her case.

The request is to be granted if the court finds that all diversion agreements have been

successfully completed and no proceeding is pending that seeks conviction of the person

for a criminal offense.

A court order to seal a juvenile record results in the removal of references

to his or her arrest and disposition from the records maintained by the State

Patrol. Identifying information, however, is not subject to sealing or destruction.

Identifying information includes photographs, fingerprints, and any other data that

identifies a person by name, birth date, address, or physical characteristics.



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