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.
The Washington Motion for New Trial for Purpose of Expunging Criminal Record is a legal procedure available to individuals who have been convicted of a crime in the state of Washington and wish to have their criminal record expunged or sealed. Expungement is the process of removing or erasing a criminal record, making it inaccessible to the public. This motion provides an avenue for individuals to seek a new trial in order to present evidence or arguments that support their eligibility for expungement. There are three main types of Washington Motions for New Trial for Purpose of Expunging Criminal Record: 1. New Trial Based on Errors of Law: This type of motion is filed when errors of law have occurred during the original trial. It argues that these errors influenced the outcome of the case and seeks a new trial to correct them. Such errors may include incorrect jury instructions, improper admission of evidence, or misconduct by the prosecution. 2. New Trial Based on Newly Discovered Evidence: This motion is filed when new evidence emerges after the original trial that could change the outcome if presented to a jury. The evidence must be discovered after the trial, not reasonably available during the trial, and must be of such a nature that it could not have been discovered with due diligence. 3. New Trial Based on Ineffective Assistance of Counsel: If an individual believes that they received ineffective assistance from their defense attorney during the original trial, they can file a motion for a new trial. This motion argues that the attorney's actions or lack thereof were so inadequate that they deprived the defendant of a fair trial. When filing a Washington Motion for New Trial for Purpose of Expunging Criminal Record, it is crucial to present compelling evidence, legal arguments, and cite relevant case law to support the request. The motion needs to be filed within a specific timeframe following the original trial, typically within a few weeks or months, so it is important to act quickly. It is essential to consult with an experienced criminal defense attorney who specializes in Washington state law to navigate the complexities of filing a motion for new trial. They can assess the individual's case, determine the most appropriate type of motion, help gather supporting evidence, and effectively argue for expungement of the criminal record.
