Washington Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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  • Preview Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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FAQ

Washington law permits some people who have completed the terms of their sentence and then spent a number of years in the community with no other convictions to "vacate" or set aside the conviction. Contact the ACLU if you want more information about eligibility to vacate or seal.

Expungement means your records are physically destroyed. Vacated means your conviction is officially removed from your criminal record, which means it will not appear on a state or federal background check.

The New Hope Act and Felonies The New Hope Act makes it possible to vacate Second-Degree Robbery, Second-Degree Assault, and Third-Degree Assault charges, all of which used to be permanently prohibited as ?Crimes Against Persons.? There are some limits, though.

The CRA prohibits consumer reporting agencies from including convictions that are more than seven years old from the date of disposition, release or parole. Most employers use private agencies, so the seven-year rule will typically apply.

Request for Expungement If you are, you must mail a completed copy of the WSP Request for Expungement / Deletion of Non-Criminal Records to Washington State Patrol, Criminal History Records Section, P.O. Box 42633, Olympia, WA 98504-02633. You do not have to pay for this request.

Washington does not allow you to expunge DUI or Physical Control charges. Additionally, you cannot vacate an offense involving obscenity, ography, sexual exploitation of children, or any sex offense, except for misdemeanor failure to register as a sex offender.

Here are the five steps to apply for the Washington State Patrol (WSP) administrative expungement of nonconvictions: Get the "Request for Expungement/Deletion of Non-Conviction Records" form. ... Complete the form. ... Get your fingerprints taken at your local law enforcement agency or at the WSP office in Olympia.

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Washington Motion to Expunge Criminal Offender Record due to Charges having been Dismissed