Expungement Attorney in Port Orchard
Ready For a Fresh Start? We Can Help You Clear Your Record and Open New Doors
A criminal charge can have lingering effects on employment, housing, and other important aspects of life. Expungement offers a way to clear your record of these charges. At the Law Office of Stan Glisson, we understand the complexities of expungement in Port Orchard and how local factors can influence your case.
Expungement is a significant step toward reclaiming your future opportunities. In Port Orchard, the process is specifically designed to comply with Washington State laws, which can be complex and demanding. By removing legal barriers from your past, you gain the ability to fully participate in society without the constraints of a criminal record.
Speak with a trusted expungement attorney in Port Orchard today. Call (360) 526-8191 or reach out online for a free consultation and find out if you're eligible to clear your record.
Understanding Expungement in Washington State
In Washington State, the term "expungement" is sometimes used broadly by the public, but legally, it refers to two distinct processes:
- Administrative Expungement/Deletion of Non-Conviction Records: This applies to arrest records or charges that did not result in a conviction (e.g., charges that were dropped, dismissed, or resulted in a "not guilty" verdict). This process typically involves requesting deletion from the Washington State Patrol (WSP) and other criminal justice agency files. However, there are strict criteria for eligibility, and certain circumstances (like deferred prosecution or diversion programs) can make records ineligible for deletion by the WSP.
- Vacating a Conviction (Court-Ordered Expungement): This is the more common process for clearing conviction records. When a Washington court "vacates" a conviction, it removes the finding of "guilty" from your case, enters a "not guilty" plea, and then dismisses the charge. This legally allows you to state that you were not convicted of that offense. This process requires a court order and is the primary method for clearing adult criminal convictions from your record in Washington. This is the main focus for a Port Orchard expungement attorney.
Key Effects of Vacating a Conviction
- Legal Right to State "Not Convicted": You can legally tell potential employers, landlords, and others that you were not convicted of that crime.
- Removal from Public Criminal History: The Washington State Patrol (WSP) will remove the vacated conviction from your public criminal history record, providing protection in many background checks.
- Cancellation of Conviction: The conviction is officially "canceled."
Limitations of Vacating a Conviction
- Not a Complete Erasure: Vacating a conviction does not delete the information from all records. It remains visible in court records and computerized court indexes (like JIS and SCOMIS) and on the Washington Courts public website. However, the record will show that the conviction has been vacated.
- FBI Records: Federal background checks (e.g., for certain government jobs, immigration) will still reveal vacated records, as the FBI maintains its own national database.
- Use in Future Criminal Proceedings: Prosecutors can still use a vacated conviction as evidence in a later criminal prosecution (e.g., for sentencing enhancements, or to show a pattern of behavior).
- Firearm Rights: Vacating a conviction generally does not automatically restore firearm rights. Restoration of firearm rights is a separate and often more challenging legal process under RCW 9.41.041.
Eligibility For Expungement
Not all convictions are eligible for vacation in Washington State. The eligibility criteria are specific and depend on the type of offense, the completion of sentencing requirements, and a crime-free waiting period.
General Eligibility Requirements for Vacating Convictions in Washington State:
- Completion of Sentence: You must have completed all terms of your sentence, including:
- Any jail or prison time.
- Any probation or community supervision.
- All mandatory treatment programs (e.g., DUI victim panel, domestic violence offender programs).
- New (2024 Update): You no longer have to wait for all Legal Financial Obligations (LFOs), such as fines and restitution, to be paid off for the waiting period to begin. However, any ordered restitution must be paid, as it benefits a victim. Your expungement attorney in Port Orchard can help you determine what LFOs are still owed.
- No New Convictions: You must not have been convicted of any new crimes (misdemeanor or felony) in any state or federal court during the specified waiting period.
- No Pending Charges: You must not have any criminal charges pending against you in any court.
- No Restraining Order Violations: You must not have violated a domestic violence protection order, a no-contact order, an anti-harassment order, or a civil restraining order in the past five years.
Specific Waiting Periods
From the date of conviction or release from confinement, whichever is later:
- Misdemeanors and Gross Misdemeanors:
- 3 years: For most general misdemeanors/gross misdemeanors (e.g., simple assault, theft in the third degree, drug possession).
- 5 years: For misdemeanors/gross misdemeanors specifically related to domestic violence (e.g., domestic violence assault in the fourth degree).
- Felonies:
- 5 years: For most Class C felonies (e.g., Third-Degree Assault, some Drug Possession with Intent to Deliver).
- 10 years: For most Class B felonies (e.g., Second-Degree Assault, some Drug Possession with Intent to Deliver).
Ineligible Offenses for Vacation
Not all offenses can be vacated. Certain serious crimes are permanently ineligible, reflecting public safety concerns. These include:
- Class A Felonies: (e.g., First-Degree Murder, First-Degree Assault, Rape of a Child, Robbery in the First Degree).
- Felony Sex Offenses: Any sex offense classified as a felony (e.g., Second-Degree Rape, Child Molestation, Sexual Exploitation of a Child).
- Driving Under the Influence (DUI): DUI convictions (even first offenses) are generally not eligible for vacation in Washington State.
- Vehicular Homicide or Assault.
- Crimes Against Persons (as defined by RCW 9.94A.030) that are Class A felonies.
- Crimes involving a firearm or deadly weapon (for certain underlying offenses).
Navigating these complex eligibility rules requires a detailed analysis of your specific criminal history. Your Port Orchard expungement lawyer will meticulously review your criminal record to determine if you meet all legal requirements.
