Washington Motion for New Trial for Purpose of Expunging Criminal Record

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Multi-State
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US-02609BG
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Description

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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FAQ

The judge will hear your motion for order vacating record of felony conviction on the day scheduled for the hearing. You will need to attend the hearing. Bring a proposed order vacating the records of your felony conviction for the judge's signature. If the motion is granted, the judge will sign the order.

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.

Washington State Washington's law restricting CRAs from reporting criminal convictions older than seven years is found at RCW 19.182. 040. However, like several of the other states with seven-year rules, Washington's rule only applies to jobs paying salaries of less than $20,000.

In Washington, you can expunge (i.e. delete or remove) non-conviction criminal history records. Under RCW 10.97.

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.

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.

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.

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Washington Motion for New Trial for Purpose of Expunging Criminal Record