Vacating Criminal Convictions Attorney
A criminal record can make it difficult to find a job, rent an apartment, or be accepted into college or technical school. But in many circumstances, you can have your criminal conviction vacated, making it almost as if you were never convicted at all.
If you are facing problems because of your criminal record, an attorney can have the record of your criminal convictions erased. You will be able to tell potential employers and others that you have not been convicted of a crime. But the process is complicated. Working with an experienced criminal defense attorney can help.
What Is Vacating a Criminal Conviction?
If you meet specific criteria, you can have your criminal conviction vacated. The court will withdraw the guilty verdict or plea and dismiss the charge, making it as if the conviction never happened. Updated information about your criminal conviction will be sent to law enforcement agencies, who will revise their records. Once your conviction has been vacated, you can lawfully tell employers and others that you were never convicted of a crime.
The Campbell Law Firm has helped people vacate criminal convictions. Criminal defense attorney Justin Campbell has the experience and expertise to help you navigate the process, and working with Attorney Campbell will increase your likelihood of success.
Who Is Eligible to Have a Criminal Conviction Vacated?
In 2019, Washington state passed the New Hope Act, which modernized the laws that apply to vacating a criminal conviction. Despite these changes, you must meet certain criteria to be eligible to vacate a criminal conviction.
Vacating a Misdemeanor Conviction
In Washington, you are eligible to have a misdemeanor conviction vacated if:
- You have no currently pending criminal charges and no subsequent convictions after the original offense.
- You completed all the conditions of your sentence, including paying all fees and fines.
- Three years have passed since the completion of your sentence. (If you were convicted of a domestic violence crime, you must wait five years.)
- If you were convicted of domestic violence, you cannot have another domestic violence conviction on your record.
- You cannot vacate a conviction for DUI or physical control or any other charge that would count as a prior offense to one of those charges.
Vacating a Felony Conviction
You can have a Class B or Class C felony conviction vacated if:
- There are no currently pending criminal charges and no subsequent convictions after the original offense.
- The crime was not a violent offense as defined under RCW 9.94A.030.
- The crime was not a “crime against persons” as defined by RCW 43.43.830.
- You were not convicted of a felony DUI or Physical Control.
- At least five years have passed since the date of discharge for a Class C felony, and at least ten years have passed since the date of discharge of a Class B felony.
What It Means to Have Your Criminal Conviction Vacated
Once your criminal conviction has been vacated, you will be released from all penalties and disabilities associated with the offense. A criminal background check will no longer include information about your criminal conviction, and you can respond to questions about your criminal history by stating that you have not been convicted of a crime. Information about your conviction will not be disclosed by Washington law enforcement agents, except to other law enforcement agencies. However, if you are later charged with another crime, the vacated conviction can be used as part of a “recidivist offense” where a prior conviction may lead to enhanced criminal penalties or being charged with a more serious crime.
What About Vacating Juvenile Offenses?
In Washington state, records of juvenile convictions are available to the public. The contents of your juvenile record can be accessed through the courts, and a record of your juvenile convictions may be revealed during a criminal background search.
If you were convicted of a juvenile offense in Washington, you can seek to have the conviction vacated. Particularly in cases involving juvenile convictions, courts often allow multiple offenses to be vacated. The Campbell Law Firm may be able to clear up all of your prior convictions, but every case is different. Contact the Campbell Law Firm today to schedule a consultation to discuss your situation.
How a Lawyer Can Help
If you are considering having a criminal conviction vacated, Justin Campbell can help.
Attorney Campbell will begin by obtaining a copy of your criminal record and reviewing it to determine whether you are eligible for vacating criminal convictions. If you are eligible to have your conviction vacated, he will obtain the certificate of discharge, file a motion to vacate the criminal conviction, and appear with you at any court hearings.
In some cases, the prosecutor will oppose your motion to vacate your criminal record. Attorney Campbell will work with the prosecutor to try to convince him or her to agree to your motion. If the prosecutor does not agree, Attorney Campbell will argue on your behalf in favor of having the conviction vacated.
Contact the Campbell Law Firm for Assistance Vacating Criminal Convictions
Justin Campbell has helped people with vacating criminal convictions. If you are considering vacating a criminal conviction, the Campbell Law Firm can help.
Learn why clients choose us, then contact the Campbell Law Firm today. Call (360) 588-4111, email firstname.lastname@example.org, or complete our online form to schedule a free 90-minute consultation to discuss your case.
The Campbell Law Firm represents people throughout Northwest Washington state, including Anacortes, Mount Vernon, Burlington, and Sedro-Woolley, as well as Oak Harbor, Coupeville, Langley, Freeland, Clinton, and Friday Harbor who have faced criminal charges.