What Does Vacating a Conviction Mean?

If you meet certain conditions and orders, you may be able to have your conviction for a misdemeanor crime vacated. If you pled guilty to a crime, your plea can be changed to not guilty, then the charges will be dismissed. If you were found guilty, the court can set aside the conviction. The case would then be dismissed, and the judgment and sentence vacated. If a conviction is vacated, then when your record is pulled up, it will show a “V” for vacated.

Do You Qualify to Have Your Conviction Vacated?

Eligibility for having a conviction vacated is both extensive and complex. To read the entire eligibility rules, go here. Marijuana offenses may be eligible for a vacated conviction. Generally speaking, there must be no criminal charges pending against you in any court in Washington state or another state.

You must not have been convicted of a new crime over the past three years and must not currently be restrained by a domestic violence protection order, a civil restraining order, an antiharassment protection order, or a no-contact order. The offense must be a misdemeanor or gross misdemeanor offense, and must not be for: a sex offense, obscenity or pornography, sexual exploitation of children, a DUI (with certain exceptions), or certain other offenses.

How Do You Have a Conviction Vacated?

If you are eligible to have your conviction vacated, you will then complete a Motion and Declaration for Order Vacating Conviction form. This form will allow the court to determine whether you are eligible to have your conviction vacated.

Some counties could require you to obtain copies of your criminal history records to attach to your form. Once you have completed and signed the Motion and Declaration form, and attached any necessary documents, be sure to make at least two copies. You will then file the Motion and notify the Prosecutor’s office. You must provide a copy of all these documents to the prosecuting attorney.

The court will request your criminal history from the FBI National Crime Information Center and the Washington State Patrol. A copy of your application form will also be sent to the Seattle City Attorney’s Office for review. Your case file and other necessary documentation will go to a judge for review, who may determine you need to appear for a hearing. If this is the case, you will receive a hearing notice by mail. If additional information is required, the court will contact you.

On the day of your hearing, the judge will hear your motion to vacate your conviction. You must attend that hearing. If the judge grants the Motion, the judge will complete an order vacating your conviction, which will be sent to the Washington State Patrol and local law enforcement agencies. You will receive a signed order indicating your record has been vacated.

Do I Need an Attorney to Vacate My Conviction?

Although you could fill out the paperwork yourself to have your conviction vacated, in fact, the process is rather extensive, and a mistake on your part could result in having your request denied. An experienced Seattle criminal defense attorney can ensure your paperwork is filled out correctly and that any deadlines are met, resulting in a much better chance for a positive outcome.

Contact Our Seattle Criminal Defense Lawyers Today

Our Seattle criminal defense attorneys can review your case and determine if you are eligible to have your conviction vacated. The experienced criminal defense lawyers at Lewis & Laws, PLLC, have defended clients in Seattle, Bellevue, Everett, Kirkland, and throughout the state of Washington. Contact us today at 206.209.0608 or fill out our confidential contact form. We know how to fight serious criminal charges and can protect your future. Call us today!