Law Office of  Jacqueline Porter
421 W. Riverside Ave, Ste 707; Spokane, WA  99201
DIVORCE.  CRIMINAL DEFENSE.  DUI.  BANKRUPTCY.  EVICTIONS.  EXPUNGEMENT.  RESTORATION OF GUN RIGHTS

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Phone: 509-747-1817


A person whose conviction has been vacated may state for all purposes that he or she has not been convicted of that crime!


Call us to see if you are eligible to have your criminal conviction vacated.  If you are eligible, then leave the work to us while you get on with your life.



VACATE:  To set aside a conviction.


Vacating Misdemeanors

 

RCW 9.96.060 authorizes a sentencing court to vacate a conviction for a misdemeanor or a gross misdemeanor if:


For any offense other than those described in RCW 9.96.060(2)(e), the offender has completed all the terms of his or her sentence, including financial obligations, and more than three years have passed since completion;


1. The offender has no criminal charges pending or has not been convicted of a new crime in any state or federal court;


2. The offender does not have another conviction vacated; or


3. The offender 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:


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


2. A violation of RCW 46.61.502 (driving under the influence), RCW 46.61.504 (physical control of a vehicle while under the influence), RCW 9.91.020 (operating a railroad, steamboat, or vehicle while intoxicated), or the offense is considered a “prior offense” under RCW 46.61.5055 and there is a subsequent alcohol or drug violation within ten years of the date of arrest for the prior offense;


3. 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


4. An offense involving domestic violence in some circumstances and as described in RCW 9.96.060(2)(e).


Vacating Felonies

RCW 9.94A.640 provides for vacating SOME felony convictions. An offender who has been discharged may request, by motion, that the sentencing court vacate the conviction. But the record of conviction may not be cleared if:


1. Criminal charges are pending against the offender in any state or federal court;


2. 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;


3. The offender has been convicted of a new crime in any state or federal court since discharge;


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


5. The offense is a class C felony described in RCW 46.61.502(6) or RCW 46.61.504(6);


6. The offense is any class C felony, other than those described in RCW 46.61.502(6) or RCW 46.61.504(6), and less than five years have passed since discharge.



SEAL: To prevent access to a record.  


 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 some adverse findings. 







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