Vacating Records Of A Domestic Violence Misdemeanor Or Gross Misdemeanor Conviction
The attorneys of Platt, Thompson and Buescher, can help those convicted of domestic violence Misdemeanors vacate the record of the offense.
Those who have been previously convicted of a domestic violence misdemeanor or gross misdemeanor may be eligible for a vacation under RCW 9.96.060. A vacation provides the following relief:
- The vacated offense will not be included in criminal history for purposes of determining a sentence for a later criminal conviction. RCW 9.96.060(4).
- For all purposes, the person may, by law, communicate to others that he or she has not been convicted of the crime that has been vacated. RCW 9.96.060(4).
- The court clerk will provide local law enforcement agencies and the Washington state patrol identification section with a copy of the order vacating the conviction. Such agencies will be required to immediately update their records to reflect the vacation. Wash. Rev. Code 9.96.060(6).
- The Washington state patrol will send the order vacating the conviction to the FBI. Wash. Rev. Code 9.96.060(6).
- The conviction must not be disseminated or disclosed by the state patrol or local law enforcement agency to any person other than those of criminal justice enforcement agencies. Wash. Rev. Code 9.96.060(6).
Substantial relief is provided to a person after a prior conviction is vacated. In general, to be eligible to vacate a prior domestic violence misdemeanor or gross misdemeanor each of the following requirements must be satisfied:
- The person must have completed all conditions of their sentence. Wash. Rev. Code 9.96.060(1).
- Criminal charges must not be pending in any court against the person. Wash. Rev. Code 9.96.060(2)(a).
- The offense must not be a “violent offense” as defined under 9.94A.030 or an attempt to commit such a “violent offense.” RCW 9.96.060(2)(b). Violent offenses include the following felonies:
- All class A felonies;
- An attempt to commit a class A felony;
- Criminal solicitation of a class A felony;
- Criminal conspiracy to commit a class A felony;
- Manslaughter 1;
- Manslaughter 2;
- Forcible compulsion indecent liberties;
- Kidnapping 2;
- Arson 2;
- Assault 2;
- Assault of a child 2;
- Extortion 1;
- Robbery 2;
- Driveby shooting;
- Vehicular assault when caused by reckless driving or a person that is DUI;
- Vehicular homicide when caused by reckless driving or a person who is DUI. RCW 9.94A.030(54).
- The offense must not be any of the following:
- Under the influence while in Actual Physical Control;
- While intoxicated operating railroad, etc.;
- a “prior offense” under RCW 46.61.5055 if there is a subsequent alcohol or drug violation within 10 years of the arrest for the prior. Wash. Rev. Code 9.96.060(2)(b).
- The offense must not be for any of the following:
- pornography or obscenity;
- sexual exploitation of children;
- a sex offense. Wash. Rev. Code 9.96.060(2)(d).
- The prosecutor that handled the case must be given written notice of the motion to vacate. Wash. Rev. Code 9.96.060(2)(e)(i).
- The moving party must not have a previous domestic violence conviction. Wash. Rev. Code 9.96.060(2)(e)(ii).
- A background check must show no prior domestic violence convictions and the moving party must execute an affidavit that confirms no prior DV convictions exist. Wash. Rev. Code 9.96.060(2)(e)(iii).
- At least five years must have passed since the sentence was completed including treatment and payment of fines, fees, costs, and restitution. Wash. Rev. Code 9.96.060(2)(e)(iv).
- The person cannot have any new criminal convictions. Wash. Rev. Code 9.96.060(2)(g).
- The person must not have vacated a criminal conviction before. Wash. Rev. Code 9.96.060(2)(h).
- At least five years have passed since the person had a protection, no contact, antiharassment, or other civil restraining order against him or her. Wash. Rev. Code 9.96.060(2)(i).
If you believe you have satisfied the requirements above and are eligible to vacate your prior domestic violence misdemeanor or gross misdemeanor conviction please contact Platt, Thompson and Buescher to discuss vacating your conviction with a lawyer serving Oak Harbor, Whidbey Island, Skagit County, Whatcom County, Bellingham, King County, Seattle, Mt. Vernon, and Burlington. Call 360-474-3994 or use our online form.