Expungement is the process of sealing or shielding conviction records from public view. When your conviction record is expunged, the record is permanently destroyed. The court treats your conviction as though it never occurred and prevents it from showing up in background checks.
What Does An Expungement Attorney Do?
An expungement attorney helps take you through the legal process of shielding your criminal record from the public eye so that it does not show up when background checks are carried out.
Our record expungement attorney can guide you through the specific steps needed to expunge your criminal record. With a wealth of experience from years of studying and navigating the legal system, they know all about the intricacies of the expungement process. They will review your criminal history and determine whether or not your offenses are eligible for expungement under Washington state law. Because Washington has strict guidelines regarding record expunction, not all offenses are eligible for expunction. Our attorney will therefore determine the best legal strategy to use for your case in order to give you a favorable outcome.
Once your case is found eligible, our attorney will help you through every step of the way. They’ll handle all necessary paperwork, file the petition for you, make sure you do not miss deadlines and if need be, represent you in court. The path to record expungement can be quite strenuous and scary and our attorney will make sure that you are not alone through the process. They’ll hold your hand and take you through the process, ensuring you understand every step of the process.
An expungement attorney’s goal is to help you get a fresh start at life by clearing your record and we are the best equipped to do that. With our help you can move forward in life without being shackled to your past mistakes.
Why You Need an Expungement Attorney
A criminal record can have a negative impact on several areas of your life: it can limit your ability to get employment, have meaningful relationships, get housing and even affect your self esteem. Being able to expunge your record can help you get your life back and give you a clean slate.
Although you can expunge your record without an attorney, it’s not advisable to do so for the following reasons:
Making errors in your application that could cause denial and delay in getting your freedom.
Overlooking or failing to identify all offenses eligible for expungement which could make you waste that opportunity by not maximizing the benefits the process offers.
Attorneys have a wealth of knowledge and understanding of the record expungement process, which you do not. If you proceed to court without an attorney, you may be unable to adequately argue your case in court which could lead to an unfavorable outcome.
With an expungement attorney you don’t have to maneuver through the legal maze of record expungement alone. An expungement attorney can help you in several ways:
Assessing Eligibility
Not all records are eligible for expungement. An expungement attorney is familiar with the expungement laws of your jurisdiction and can determine whether or not your case is eligible for expungement based on the time elapsed, type of offense(s) and other factors.
Handling Paperwork
An expungement attorney knows what paperwork is required for your case. They can make sure that all necessary paperwork are accurate and complete to avoid any delays or rejection
Deciding on the Best Legal Strategy
An expungement attorney is familiar with the law and also familiar with your case. Therefore, they can decide on a tailored legal strategy to use for your case in order to give you the best result. They could argue for mitigating circumstances or exceptions in particular cases. This can greatly boost your chances of getting your record expunged.
Representing You in Court
If, for any reason, your expungement request is opposed by a court, an expungement attorney can represent you in court and argue on your behalf by presenting legal arguments and trying to persuade the judge to rule in your best interest.
Handling Complex Cases
Because an expungement attorney is familiar with the law and knows how to navigate its complexities, they can handle complex cases like unusual circumstances, prior expungement attempts or multiple convictions. Their wealth of experience in the justice system can make all the difference.
What Criminal Convictions CAN Be Expunged?
Not all criminal convictions are eligible for expungement. To be eligible for expungement, the conviction must meet the following criteria:
It was a misdemeanor such as trespass, harassment and assault.
Mandatory prison time was not required.
The prosecution was deferred.
The conviction was vacated.
You were a victim of trafficking and convicted of a prostitution crime.
You are a member of a tribe with treaty fishing rights and were convicted of a fishing law violation.
You were convicted of a marijuana offense when 21 or older.
You also have to meet certain criteria to be eligible for record expungement, including:
Less than six convictions.
Have no on-going criminal investigation against you or pending criminal charges.
The waiting period for the particular conviction must have passed.
You must have completed any requirements ordered by the court, like community service or counseling.
What Criminal Convictions CANNOT be expunged?
In Washington, the law does not allow expungement for felonies. Criminal convictions are ineligible for expunction if they meet the following criteria:
It was a violent crime.
It was a crime involving sexual exploitation of a minor.
It was a sex offense.
It involved pornography or obscenity.
It was a DUI or physical control offense.
Can Juvenile Convictions be Expunged?
Washington law does not allow juvenile expungement. Although juvenile convictions cannot be expunged, they can however, be sealed. Record sealing involves removing a conviction from the public record. This means that the conviction will also not show up in criminal background checks. To be eligible for juvenile record sealing in Washington you must meet the following criteria:
It must be over two years since you were sentenced or released.
You must have paid all restitution required for the case.
You must NOT be a sex offender.
You must have stayed out of trouble and have no additional criminal proceedings against you.
For further information about sealing juvenile records, see here.
Frequently Asked Questions
Can I expunge my criminal records if I served time in jail?
No, Washington law does not allow for the removal of a conviction record if you served time in jail. You can however, file a motion to vacate your conviction- this will remove it from state and background checks.
Does a misdemeanor go on your record?
Yes, a misdemeanor conviction will remain on your record indefinitely. Although considered less serious than felony offenses, misdemeanors are still considered serious by law. However, Washington law allows for some misdemeanor records to be vacated or sealed.
If my record is expunged, can I answer “No” to the conviction question on an application?
If a record is expunged, you are legally allowed to answer “no” to a conviction question on an application. However, expunging a record does not remove fingerprints and if background checks are done using fingerprints an expunged record could still show up. Also, you could still have legal issues in certain situations if you intentionally lie about a criminal record.