Do not let pesky old convictions hang over your head. If you
have been convicted of a misdemeanor or a class B/C felony, you may qualify in
the State of Washington to have your conviction vacated. If you are having
trouble finding a new place to live or a better job, vacating old charges can
make your life easier, and brighter. Vacating a record grants you the legal fiction
that a past crime never happened. You can confidently say no, you never
committed that specific crime to prospective work places and land lords. There are restrictions on the types of crimes
which have been vacated, and a few conditions which may disqualify you.
For
example, violent or sexual convictions may not be vacated. DUIs are also stuck
with you forever[1]. You cannot vacate operating a railroad while
intoxicated, in the unlikely event you operated a railway train while drunk.
But, if you have not convicted a new crime in any state, have never had another
conviction vacated, and never had a restraining order, your misdemeanor or
class b/c felony might be eligible to be cleared.
If you
have a misdemeanor you are looking to forget and move on from, you need only
have completed all required prison, probation, etc. for the crime and not have
been in trouble since. Give Legal State of Mind a call and we will begin filing
your motions and serving the prosecuting attorney. After that, we will have to go to the
hearing and ask the Judge to sign the order vacating the conviction. The Judge will
sign it, and the clerk will send a copy to the law enforcement agencies where you
have a criminal history. Getting an attorney early on so all the forms are
properly filled out, filed, and served is very important to the success of your
motion. This is the rest of your life; you want the details to be perfect.
For
people looking to vacate a class B or C felony, it may be a touch more
difficult. When seeking to have your class B felony cleared, you need to wait
ten years, not have any current criminal charges, or be convicted of new crimes.
Violent offenses cannot be vacated, nor crimes against other people. If you have a class C felony, you need
only wait five years instead of ten
before filing motions to have your conviction vacated. As with misdemeanors,
call Legal State of Mind to begin working on your motions as soon as possible.
If your
charge is successfully vacated, you may then petition to have your firearm
rights restored. Past convictions can often feel like a sign taped to your
forehead saying “criminal.” Avoid this feeling! Finding a better job, a better
place to live, going across the border to Canada can all be made infinitely
easier. Don’t let your past mistakes weigh you down forever.
Taylor Waters, Legal Assistant at Legal State of Mind
Email: Legalstateofmind@gmail.com
Website: www.legalstateofmind.com
Email: Legalstateofmind@gmail.com
Website: www.legalstateofmind.com
[1]
Which is why getting a competent attorney as soon as you are charged with a DUI
is extremely important.
