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Vacating Records Of A Non Domestic Violence Misdemeanor Or Gross Misdemeanor Conviction

The lawyers at Platt, Thompson and Buescher, can help those convicted of misdemeanors or gross misdemeanors vacate their conviction.

Those convicted of a misdemeanor or gross misdemeanor in Washington state may be eligible for a vacation under RCW 9.96.060. A vacation provides the following relief:

  • The fact that the person has been convicted of the offense will not be included in the person’s criminal history for purposes of determining a sentence in any subsequent conviction. RCW 9.96.060(4).
  • For all purposes, the person may legally state he or she has never been convicted of the crime. RCW 9.96.060(4).
  • The court clerk will immediately send the vacation order to the Washington state patrol identification section and local law enforcement. The Washington state patrol and local law enforcement must then update their records. Wash. Rev. Code 9.96.060(6).
  • The Washington state patrol will send the vacation order to the FBI. Wash. Rev. Code 9.96.060(6).
  • The vacated conviction may not be disclosed by the Washington state patrol or local law enforcement agency to any person, aside from other criminal justice agencies. Wash. Rev. Code 9.96.060(6).

Vacation provides a significant amount of relief. In general to be eligible to vacate a prior nondomestic violence misdemeanor or gross misdemeanor the person must meet each of the following requirements:

  • Complete terms of his or her sentence. Wash. Rev. Code 9.96.060(1).
  • Have no criminal charges pending. Wash. Rev. Code 9.96.060(2)(a).
  • The offense to be vacated must not be a “violent offense” as defined under 9.94A.030 or an attempt to commit a “violence offense.” Wash. Rev. Code 9.96.060(2)(b). Violent offenses include any of the following felonies:
    • Any class A felony, attempt to commit a class A felony, solicitation of a class A felony, or conspiracy to commit a class A felony;
    • First Degree Manslaughter;
    • Second Degree Manslaughter;
    • Indecent liberties with forcible compulsion;
    • Second Degree Kidnapping;
    • Second Degree Arson;
    • Second Degree Assault;
    • Second Degree Assault of a Child;
    • First Degree Extortion;
    • Second Degree Robbery;
    • Driveby shooting;
    • Vehicular assault when caused by Reckless Driving or a person who is DUI;
    • Vehicular homicide when caused by Reckless Driving or a person who is DUI. Wash. Rev. Code 9.96.060(2)(b).
  • The offense must not be any of the following:
    • DUI;
    • Physical control while under the influence;
    • Operating railroad while intoxicated;
    • A “prior offense” as defined by RCW 46.61.5055 and if there is a later alcohol or drug violation during the next ten years after the arrest for the “prior offense.” Wash. Rev. Code 9.96.060(2)(b).
  • The offense must not be for:
    • Pornography or obscenity;
    • Sexual exploitation of children; or
    • A sex offense. Wash. Rev. Code 9.96.060(2)(d).
  • At least three years must have elapsed since completion of the sentence including payment of legal financial obligations. Wash. Rev. Code 9.96.060(2)(f).
  • No new crimes have been committed. Wash. Rev. Code 9.96.060(2)(g).
  • No other convictions have been vacated. Wash. Rev. Code 9.96.060(2)(h).
  • The person must not have had a domestic violence protection order, no contact order, or other restraining order within five years prior to the vacation application. Wash. Rev. Code 9.96.060(2)(i).

If you believe you have satisfied the requirements above and are eligible to vacate your prior nondomestic violence misdemeanor or gross misdemeanor conviction please contact Platt, Thompson and Buescher, to speak with an expungement lawyer serving Oak Harbor, NAS Whidbey, Island County, Whidbey Island, Coupeville, Burlington, Skagit County, Anacortes, Mount Vernon, Whatcom County, Bellingham, King County, and Seattle. Call today at 360-474-3994 or email us.