We all make mistakes at some point. Unfortunately, some mistakes carry lasting consequences that can haunt us for years to come and can severely affect our housing and employment prospects. For example, residents of Washington state who have a criminal history often struggle with limited job opportunities, even after they have completed the terms of their sentences.
There are circumstances in which an individual with a criminal record may be eligible for expungement, which allows the individual to erase or seal a previous criminal offense from their record. Expungement can offer a much-needed fresh start for those looking to leave their mistakes in the past where they belong. Working with a knowledgeable and caring Camas criminal defense lawyer is the best way for you to determine whether you may be eligible for expungement and, if so, how to start this process. If you’re wondering, “Who is eligible for expungement?” read on for a brief overview of the expungement process in Washington state.
What Crimes Are Eligible For Expungement in Washington?
It’s important to recognize that only certain offenses are eligible for expungement under Washington law. Generally speaking, eligible crimes typically include misdemeanor convictions, certain qualifying Class B felonies, deferred prosecution cases, and vacated convictions. Some offenses are inherently ineligible for expungement, as the nature of these crimes is serious enough to warrant a permanent place on one’s criminal history. Violent felonies, sex crimes, and other offenses involving bodily harm or abuse are typically ineligible for expungement. Even if the offense in question is eligible for expungement, you may be compelled to fulfill other requirements, such as completing any court-ordered requirements (i.e., attending mandatory counseling, completing community service, etc.) and remaining crime-free for a certain number of years, before you can proceed with your expungement request.
How Do You Qualify For an Expungement?
If the criminal offense qualifies for expungement in Washington state, you will also need to meet certain criteria before you can petition the court for an expungement. You cannot have your record cleared if there are any pending criminal charges against you (in Washington, another state, or in federal court). You will also need to observe a three year waiting period before you can file a petition. The three year waiting period starts from whichever of the following dates comes last: The end of your supervision or probation, the end of your total or partial confinement, or your sentencing date. During these three years, no new criminal convictions can arise. Additionally, those petitioning for expungement cannot have current civil protection orders against them (i.e., domestic violence protection order, antiharassment protection order, etc.), nor can they have any violations of such orders during the five years leading up to when the application to vacate is filed. If you want to learn more about who qualifies for criminal record expungement, contact a skilled and caring Camas criminal defense lawyer today.
At The Vern McCray Law Firm, PLLC, we always treat our clients with the respect, care, and compassion they deserve. If you have questions about the expungement process in Washington state, please call our Camas office today at (360) 834-6262 to discuss your options with a dedicated and experienced criminal defense lawyer.
