How Can I Get My Record Expunged for Free in Washington State?

Expungement of criminal records is a critical step for many individuals seeking to move past their legal troubles. In Washington State, the process of expungement, also referred to as vacating a conviction, can be complex but achievable. This article covers the essential steps and requirements for getting your record expunged for free in Washington State.

Understanding Expungement in Washington

Misdemeanor Expungement

Misdemeanors are less severe offenses, often resulting in penalties like fines or short-term incarceration. In Washington State, certain misdemeanors, such as traffic violations, non-violent offenses, and simple theft, can be expunged. However, this does not reverse all consequences, like restoring firearm rights or removing someone from the sex offender list.

Felony Expungement

Felonies, being more severe, are harder to expunge. The likelihood of expungement often depends on the offense’s seriousness, with non-violent misdemeanors like drug possession being more likely eligible than serious crimes involving minors or sexual offenses. Federal offenses are typically ineligible for expungement.

Eligibility Criteria

To be eligible for expungement in Washington State, several conditions must be met:

• Completion of all sentence terms, including financial obligations.
• No pending charges or recent convictions.
• For certain offenses, a waiting period (up to three years for misdemeanors) post-sentence completion is required.
• Ineligibility for crimes involving violence, sexual exploitation, domestic violence, or DUI.

Juvenile Record Sealing

Juvenile records can also be sealed, subject to certain conditions, such as no pending charges, no requirement to register as a sex offender, and the passage of a specified period post-conviction or confinement.

Steps for Expungement

1. Obtaining Your Criminal Record: The first step is to understand what is on your criminal record. This can be obtained through organizations like BackgroundChecks.com.
2. Fulfilling Eligibility Criteria: Ensure that you meet all the requirements, including the waiting period and no recent convictions.
3. Filing for Expungement: Once eligible, file a petition for expungement with the relevant court. Forms can be found on the Washington Courts’ website.
4. Working with Prosecutors: In some cases, if you meet all requirements, prosecutors might agree to a vacate order without a hearing.
5. WSP Evaluation: The Washington State Patrol will review your expungement request, being the only agency authorized to expunge records in Washington.
6. Seeking Legal Advice: Consulting with an attorney can provide clarity on eligibility and the process, especially for complex cases.

The Expungement Process in Washington State

Assessing Record Sealing and Vacating Convictions

1. Record Sealing: Washington’s RCW Chapter 10.97.060 permits those with non-conviction data (like arrest records without subsequent convictions) to petition for record sealing. This step is vital for those arrested but not convicted, as these records can impact future opportunities.
2. Vacating Convictions: The option to vacate convictions applies to both misdemeanors and felonies, subject to specific conditions and waiting periods. The New Hope Act, effective from July 28, 2019, has made it easier to vacate various misdemeanor convictions.

Special Circumstances

1. Juvenile Records: Juvenile criminal records can be sealed under certain conditions, like no pending charges or requirement for sex offender registration.
2. Marijuana Convictions: As of May 13, 2019, individuals convicted of misdemeanor marijuana offenses, who were 21 or older at the time of the offense, can apply to vacate these convictions.

Legal and Financial Considerations

1. Legal Financial Obligations (LFOs): If unable to pay state legal financial obligations, you may consult resources like the Northwest Justice Project for assistance in reducing or canceling non-restitution interest.
2. Consulting Legal Professionals: While some steps can be done independently, consulting with attorneys specializing in expungement or post-conviction relief can provide tailored advice and increase the chances of a successful outcome.

Filing and Follow-Up

1. Completing Necessary Forms: Forms and petitions for expungement can be accessed through Washington State Court Forms or legal assistance websites.
2. Court Hearings: In some cases, a court hearing might be necessary. Staying informed about the legal proceedings and required documentation is crucial.
3. Washington State Patrol (WSP) Role: WSP evaluates expungement requests and is the authority for deleting non-conviction records. Understanding their guidelines is essential.

Understanding Limitations

1. Non-Eligible Offenses: Certain offenses, like sex offenses, violent crimes, and DUIs, are generally ineligible for expungement.
2. Public Record and Background Checks: Expunged records may still exist in some form and could be discovered in certain types of background checks.

Final Steps and Moving Forward

1. Receiving Decision: Upon filing, await the decision from the court or the WSP.
2. Post-Expungement Considerations: After successful expungement, understand your rights regarding what you can legally disclose about your past convictions.
3. Future Opportunities: Expungement opens doors to better employment, housing, and educational opportunities, signifying a fresh start.

Final Words

Achieving expungement in Washington State is a detailed process that requires careful attention to eligibility, legal procedures, and follow-up. By understanding the process, fulfilling requirements, and seeking professional guidance when necessary, individuals can successfully navigate their way towards clearing their records and embracing new opportunities.