A Washington Notice of Motion For Order Vacating Conviction is a legal document used by an individual convicted of a crime in Washington state to file a motion to have their conviction vacated. This document provides the court with the necessary information to consider a defendant's request to vacate their conviction. There are two types of Washington Notice of Motion For Order Vacating Conviction: 1) Motion to Vacate Conviction on the Basis of Newly Discovered Evidence; and 2) Motion to Vacate Conviction on the Basis of Ineffective Assistance of Counsel. The first type of motion argues that newly discovered evidence proves the defendant's innocence, while the second type of motion argues that the defendant's attorney provided ineffective assistance during the trial. In either case, the Notice of Motion must be signed by the defendant and include an affidavit from the defendant that outlines the facts and circumstances of the case. Additionally, the Notice of Motion must include supporting documentation, such as evidence of newly discovered evidence or ineffective assistance of counsel. Once the Notice of Motion is filed, the court will consider the motion and determine whether the defendant's conviction should be vacated.
Washington Notice of Motion For Order Vacating Conviction
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FAQ
Motion to vacate?Time limitation. The proceedings to vacate or modify a judgment or order for mistakes or omissions of the clerk, or irregularity in obtaining the judgment or order, shall be by motion served on the adverse party or on his or her attorney in the action, and within one year.
Vacated means your conviction is officially removed from your criminal record, which means it will not appear on a state or federal background check. In Washington, criminal convictions cannot by expunged. Only non-conviction law enforcement records can be expunged.
In Washington, you can vacate certain felony and misdemeanor convictions. Once your conviction is vacated, you can truthfully and legally say that you were never convicted of that crime. A "vacated" conviction does not appear on a Washington State Patrol background or an FBI background check.
Vacating a criminal sentence means removing that conviction from a person's record. The record will then appear as if the person was never charged and convicted of a crime. When a sentence is vacated: It legally annuls the conviction.
For Class A felonies, more than 5 years must have passed since the conviction date or release from confinement, whichever is later. For other offenses, 2 years must have passed since the conviction date or release from confinement, whichever is later.
In Washington, you must have spent at least three (3) crime-free years in the community without having any criminal convictions before you are eligible to vacate your misdemeanor conviction. The mandatory 3-year waiting period clock does not begin until you have completed the terms of your sentence.
The law does not automatically vacate your record of felony conviction. If you want to have a record of felony conviction vacated, you must file a motion with the court in which you were convicted.