Expunging Or Vacating Records

Are Your Old Criminal Records Holding You Back?

“But I was more qualified for the job!”  “My income could totally cover this loan!”  “My grades were rock solid!”

If you have ever been turned down by an employer, a lender, a college or rental agency, it may be because they ran a background check on you. The person who makes those approval or denial decisions likely stopped considering your application when they discovered you had a criminal record.

And it probably won’t be the last time your criminal past resurfaces to haunt you and cost you opportunities in life. The good news is that there is something you can do to fix it. At The Law Offices of Smith & White, PLLC, our attorneys are experienced with the court procedures to have old criminal records expunged from public view or even vacated altogether.

What Does Expunging Records Mean?

Were you aware that if you were charged with a crime and the case was later dismissed or you were eventually acquitted, you still have a criminal record? It seems unfair, but that’s how the system works. Now imagine the decision maker evaluating dozens or hundreds of applications. They are unlikely to do the extra research to find out the ultimate outcome of your criminal charges. They just say no or move on to a different candidate.

Having your criminal record expunged basically means that it is removed from the Washington State Patrol database, the official custodian of Washington criminal history. The benefit of this is that when a potential employer does a background check, they will not run across any official records.

• Record expungement can only be done for cases that did not end with a conviction. In other words, charges were never filed, your case was dismissed, or you were found not guilty by a judge or jury.
• Typically there is a waiting period of three or five years before you can get your records expunged, but under special circumstances, it might be possible to have it done sooner.

What Does Vacating Records Mean?

Having your criminal record vacated refers to crimes for which you were actually convicted. Vacating records means that a judge will actually reverse the conviction and dismiss the charge. Not every crime can be vacated, but some offenses that may be eligible to be vacated include drug crimes, theft and burglary convictions.

In 2019, the Washington Legislature expanded the scope of eligible crimes. Under the New Hope Act, certain felony convictions can be vacated. For example, robbery in the second degree, assault in the second-degree assault and assault in the third degree – Class B and Class C felonies – may qualify if the conviction did not involve a firearm, a deadly weapon or sexual motivation. The New Hope Act also allows for multiple misdemeanors to be vacated; under the old law, only one offense could be vacated or expunged.

Vacating criminal records can have important implications for immigration status. If your old conviction is vacated, it will not count against you as an aggravated felony (deportable offense). Our attorneys regularly represent noncitizens who are facing removal from the U.S. because of immigration consequences of criminal matters.

How Long Does The Expungement Process Take?

The duration of the expungement process in Washington state can vary. On average, it takes a few months to a year, depending on case complexity and court schedules. The process begins with gathering the necessary documents and filing a petition.

Once the petition is filed with the court, a hearing date is set, which may take several weeks to several months. It is crucial to have patience and be prepared for possible delays, as the court system can be unpredictable. Having an experienced attorney by your side can help streamline the process and ensure that all requirements are met promptly.

Can All Types Of Criminal Records Be Expunged Or Vacated?

Not all criminal records are eligible for expungement or vacation in Washington. Generally, certain misdemeanors, gross misdemeanors and felony convictions can be expunged or vacated if specific criteria are met. Examples include completing all terms of the sentence and not having any pending criminal charges.

However, some offenses, such as violent crimes, sex offenses and DUI convictions, are typically ineligible for expungement or vacation. We can help determine if your case qualifies and explain the specific requirements.

How Does Expungement Or Vacating A Conviction Affect Background Checks?

Both options remove the incident from public records, which means it will not appear in background checks by employers, landlords or educational institutions. However, certain government agencies, like law enforcement, may still access these records. While it improves prospects, it does not entirely erase the record from all databases.

What Happens If Your Expungement Or Vacating Application Is Denied?

A denial can be a disappointing setback. However, it need not be the end of the road. You may have the option to appeal the decision or reapply after addressing the reasons for denial. Common reasons for denial include incomplete paperwork, failure to meet eligibility criteria or the presence of outstanding fines or legal obligations.

Working with an experienced attorney can help you identify and rectify these issues, increasing the chances of a successful application in the future.

Do You Qualify For A New Start?

The criminal defense attorneys of Smith & White will evaluate your criminal background completely to determine if you are a candidate for expunging records or vacating records. This area of the law is very technical and the petition must be properly researched and documented. For example, you may have to let a certain time period pass and you must have met all conditions of the court, such as paying fines and completing probation.

We will discuss your options and help you pursue this remedy so that you can start living your life more freely. We offer an expert consultation, and you reach out 24/7. Call our Tacoma law firm at 253-363-8662 or contact us online.