Can a Domestic Violence Conviction Be Expunged in Washington State?
One of the most frustrating parts of a criminal conviction is that it may remain on your record indefinitely if you do not take steps to remove it. Unfortunately, removing convictions from criminal records is very difficult, and you must meet very strict eligibility criteria. To begin, speak with an experienced attorney about your situation.
Expungements may only apply to non-conviction data, such as arrest records or criminal trials that do not result in a conviction. If you were convicted of a domestic violence crime, you may instead ask the court to vacate the conviction. This essentially has the same effect as an expungement, but involves a somewhat different legal process. Remember, not all convictions may be vacated, and you need to speak to an attorney about your case.
Receive a free, private case evaluation from our Tacoma, WA lawyers for expunging or vacating criminal records by calling Law Offices of Smith & White at (253) 203-1645.
Can I Expunge or Vacate a Domestic Violence Conviction?
In Washington State, expungements do not apply to convictions. Instead, convictions must be vacated to be removed from someone’s criminal record. When those charges are related to domestic violence, it may be difficult to have them vacated.
When You Can Vacate a Domestic Violence Conviction
Domestic violence convictions may be vacated and removed from your record if you meet specific eligibility criteria.
First, you must complete all terms of your sentence and receive a certificate of discharge.
Next, if you were convicted of a Class B felony, at least 10 years must pass after you are discharged, and you must prove you have not been convicted of a new crime in any state in the 10 years prior to your application for vacation. For Class C felonies, the time limit is 5 years.
When Domestic Violence Convictions Cannot Be Vacated
Certain charges are not eligible for vacation, including some charges for domestic violence. For example, if you were convicted of a Class A felony for domestic violence, you may not have the conviction vacated. Additionally, your conviction may not be vacated if you were convicted of another crime within the past 5 to 10 years, depending on the charges.
Conventions for violent crimes against certain kinds of victims may also be ineligible for vacation. For example, if the conviction for domestic violence involved a victim who was a child or vulnerable adult, you may not have it vacated.
What Records May Be Expunged in Washington State?
As mentioned, expungements in Washington State differ from those in other states and do not apply to conviction data. However, expungements may be available for other kinds of records.
Non-Conviction Data
Generally, non-conviction data may be expunged. If you were charged with a crime but never convicted, the records and data related to the charges may be expunged and eliminated from your record. This may include records pertaining to court hearings related to the charges.
Arrest Records
Arrest records may also be expunged if they are not related to a conviction. People are arrested all the time, and many are never charged. Whether you were arrested and released without charges or charged but never convicted, your arrest records may be expunged.
How Do I Know if My Domestic Violence Conviction Can Be Removed from My Record?
Vacating any conviction, let alone one for domestic violence, can be challenging and confusing. Talk to an attorney about your conviction to determine if you are eligible to have it vacated.
Contact a Lawyer
Your first step is to call a lawyer for help. The eligibility criteria for having convictions vacated are complex and come with numerous exceptions and caveats. It is not unusual for convicted defendants to believe they are eligible only to realize too late that they are not. Our Washington State lawyers for expunging or vacating criminal records should review your case and determine whether you can have the conviction vacated.
Nature of the Charges and Conviction
The nature of the charges is also important. Class A felonies typically cannot be vacated. Vacating Class B or C felonies is different from vacating misdemeanors or gross misdemeanors. Also, courts do not have vacate your convictions simply because you meet eligibility criteria. A court may deny the vacation in its discretion.
Your Criminal History and Pending Charges
Your criminal history will also play a significant role. While you must remain free from conviction for 5 to 10 years after your sentence is complete and you are discharged, the court may still consider other areas of your criminal record. Those with longer criminal histories may have a harder time having a conviction vacated.
FAQs About Expunging Convictions for Domestic Violence in Washington State
Can I Expunge a Domestic Violence Conviction in Washington State?
No. While many states use the term “expungement” to refer to the removal of criminal convictions from people’s records, Washington is different. Only on-conviction data may be expunged. Convictions must instead be “vacated.”
How Can I Remove A Conviction for Domestic Violence from My Criminal Record?
A criminal conviction must be vacated to be effectively removed from your record in Washington. You must be eligible before you can petition to have your conviction vacated, and the outcome is not guaranteed. Courts, at their own discretion, may choose not to vacate someone’s record.
When am I Eligible to Have a Domestic Violence Conviction Vacated?
In most cases, you may become eligible to have a past conviction vacated only after all terms of your sentencing, including incarceration, fees, probation, and any other terms, are completed. Also, at least 3 years must have passed since you completed your sentence for a misdemeanor. For felonies, at least 5 to 10 years must have passed, depending on the charges.
How Long Do I Have to Wait to Have a Conviction Vacated?
It can take time to vacate a conviction. After filing your petition, it may be weeks or even months before you can have a hearing on the matter. This may depend on the nature of the conviction you want vacated and the court’s schedule when you submit your petition.
What Happens After a Conviction is Vacated in Washington State?
Once a conviction is vacated, it may be treated as though it does not exist. It should not appear in criminal background checks, and you do not have to disclose the conviction to potential employers. Even many criminal justice offices and agencies will not be able to see the conviction.
How Do I Begin the Legal Process of Having a Conviction Vacated?
To begin the process of having a conviction vacated, you need to check with your lawyer about whether you meet all eligibility criteria. Next, you must file a petition with the court and serve notice to the prosecutor’s office. At that point, a hearing may be scheduled, if one is required.
Speak to Our Washington State Lawyers for Expunging or Vacating Criminal Records for Help
Receive a free, private case evaluation from our Washington State lawyers for expunging or vacating criminal records by calling Law Offices of Smith & White at (253) 203-1645.