People who have been charged with crimes can face a lot of difficulties. Schools, lenders, jobs and rental companies often have to run background checks on people, which may lead to denials once it is discovered someone has a criminal record. In Washington, a conviction could potentially stay on a person’s criminal record for the rest of their life even after they have completed their sentence, including incarceration, community service and fines. A criminal record can cause a person to miss out on a lot of life’s opportunities.
A conviction does not always mean that a person’s life is forever affected by a crime. A possible option to help people who have been convicted is vacating the conviction. Here is what you should know:
What does vacating do to your criminal record?
Vacating the conviction means a reversal and dismissal of a conviction. In other words, a trial and conviction may appear as if it never happened during a background check. This means that a person filing for a house or car loan, for example, would not face limitations because of that conviction.
There are certain conditions that must be met before a conviction is vacated in Washington. Furthermore, not all convictions may be eligible for vacating. It is important to be aware of these distinctions before a person files to vacate their conviction.
To be eligible to vacate a conviction, three years must have passed since a person has completed their sentence. A person must also not be facing charges for a new crime. A person must not have had a previous conviction vacated. And, a person must not have a domestic violence protective order, no-contact order, anti-harassment order or civil restraining order against them in the last five years.
Some misdemeanors, gross misdemeanors and felony charges can be vacated. However, there are some limitations, such as if an offense was related to the following:
- Sex offense
- Pornography
- Sexual exploitation of children
- Violent offense
- Drunk driving
Life can go on after a criminal conviction. It can help to reach out for legal guidance to learn more about your options.