VACATING A FELONY OR MULTIPLE FELONIES

 

To Be Eligible:

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• Can not have any open or pending criminal case.

• The offense was not defined as a violent offense under RCW 9.94A.030.

• The offense was not defined as a crime against persons under RCW 43.43.830.

• NEW ELIGIBLE CRIMES TO VACATE  - Assault 3 (not against a law enforcement officer), Assault 2, Robbery 2, as long as no firearm, deadly weapon, or sexual motivation enhancement. 

• For a Class C Felony, It has been 5 years since you were sentenced, or released from confinement or parole and you have not had any convictions in the last 5 years.

• For a Class B Felony, It has been 10 years since you were sentenced, or released from confinement or parole and you have not had any conviction in the last 10 years.  

• You have completed all court-ordered conditions of your sentence.  

• The conviction was not for DUI or Physical Control

• A subsequent conviction is no longer an absolute bar to vacating!

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VACATING A MISDEMEANOR OR GROSS MISDEMEANOR (NOT DOMESTIC VIOLENCE)

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To Be Eligible:

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• Can not have any open or pending criminal case

• The conviction cannot be for DUI or Physical Control

• The conviction cannot be for obscenity or pornography, a sex offense or sexual exploitation of children. (Assault 4 with sexual motivation is eligible.)

• It has been 3 years since payment of fines and completing all other conditions of your sentence, including probation.       

• You have not been convicted of a crime in the last 3 years. 

• A subsequent conviction is no longer an absolute bar to vacating!

 

VACATING A DUI "PRIOR OFFENSE"

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To Be Eligible:

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• Can not have any open or pending criminal case

• The conviction cannot be for DUI or Physical Control

• It has been 10 years since the date of your arrest.  

• You have not been convicted of a subsequent drug or alcohol violation.  (Unless you have expunged or sealed the new conviction.)

• A subsequent conviction is no longer an absolute bar to vacating.

 

DUI and Physical Control are not eligible to be vacated.  However, if your DUI was amended to a charge of Negligent Driving First, Reckless Driving, or Reckless Endangerment, you may be eligible to vacate the amended conviction after ten years. 

 

VACATING A DOMESTIC VIOLENCE MISDEMEANOR OR GROSS MISDEMEANOR

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To Be Eligible:

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• Can not have any open or pending criminal case.

• Can not have a current protection order.  

• The conviction cannot be for obscenity or pornography, a sex offense or sexual exploitation of children. (Assault 4 with sexual motivation is eligible.)

• Can not be for a second or subsequent domestic violence charge.  (One arrest with two or more charges is eligible.)

• You have been crime free for 5 years, and it has been 5 years since payment of fines and completing all other conditions of your sentence, including probation. 

• You have not been convicted of violating a restraining order in the last 5 years.  

• You have not been convicted of a crime in the last 5 years.

• A subsequent conviction is no longer an absolute bar to vacating!

 

VACATING DRUG POSSESSION CHARGES - BLAKE

State v. Blake
Anyone convicted and sentenced in Washington for possessing controlled substances (illegal drugs) is entitled to have that conviction cleared from their record.  The Washington Supreme Court’s recent opinion in State v. Blake, held that RCW 69.50.4013  (collectively “RCW 69.50.4013” or “simple possession”) are unconstitutional.

 

If you have been convicted of drug possession in Washington State, you may be entitled to vacate your conviction and a refund of any fines you paid to the Court. 

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DELETION OF NON-CONVICTION DATA

If you were arrested and are seeking to delete the arrest record, we can help.  Non-conviction data can be deleted two years after a dismissal in court, or three years after the arrest.  Deletion is only available if the individual seeking deletion has no prior convictions for gross misdemeanors or felonies and has not had any subsequent criminal charges filed.

 

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LEGAL FINANCIAL OBLIGATIONS OR LFO'S

If your conviction was from before July 1, 2000, and the court did not enter an order extending jurisdiction to collect fines and fees, we can apply to the court to waive interest and vacate your fine and issue your certificate of discharge nunc pro tunc.