Expungement Attorney in Port Orchard
Over 20 Years Handling Criminal Defense in Kitsap County Courts
A criminal record can follow you into job applications, housing screenings, and beyond. Glisson Legal is based in Port Orchard and files expungement petitions directly in Kitsap County District Court and Kitsap County Superior Court, where these cases are actually heard. With more than 20 years of experience in Washington criminal defense, we understand both the statutory eligibility framework and the local procedural requirements that shape how these cases move through our courts.
In Washington State, the process is governed by specific statutes and court procedures that aren’t always easy to navigate on your own. We work with clients throughout Kitsap County to evaluate eligibility, prepare petitions, and represent them at every stage of the proceeding. If a past conviction is limiting your opportunities, clearing that record may be within reach.
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
When people use the term “expungement,” they’re often describing one of two legally distinct processes in Washington:
- Administrative Deletion of Non-Conviction Records: This applies to arrests or charges that did not result in a conviction, including charges that were dropped, dismissed, or resolved with a “not guilty” verdict. Deletion is requested through the Washington State Patrol and other relevant criminal justice agencies. Eligibility is strict, and certain circumstances, such as deferred prosecution or diversion programs, can make records ineligible for deletion.
- Vacating a Conviction (Court-Ordered Expungement): This is the primary method for clearing adult criminal conviction records in Washington. When a court vacates a conviction, you withdraw your guilty plea and enter a “not guilty” plea, or the court sets aside a guilty verdict from trial, and the charge is dismissed. You can then legally state you were not convicted of that offense. This process requires a court order and is the main focus for Port Orchard residents seeking record relief.
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 can remove the vacated conviction from your public criminal history record, which can affect 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 such as JIS and SCOMIS, and on the Washington Courts public website, though the record will show that the conviction has been vacated.
- FBI Records: The Washington State Patrol is required to transmit the vacation order to the FBI, but federal law may treat a vacated conviction differently than Washington State law. Federal background checks for certain government jobs or immigration purposes may still surface prior records, and vacating under Washington law doesn’t guarantee removal from all federal databases.
- Use in Future Criminal Proceedings: Prosecutors can still use a vacated conviction in a later criminal prosecution, for example, for sentencing enhancements or to show a pattern of behavior.
- Firearm Rights: Vacating a conviction generally does not automatically restore firearm rights. Restoration is a separate legal process under RCW 9.41.041.
Eligibility for Expungement in Washington
Not all convictions qualify for vacation. Eligibility depends on the type of offense, completion of all sentencing requirements, and a crime-free waiting period. Here’s what Washington law requires.
General Eligibility Requirements
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, such as DUI victim panels or domestic violence offender programs.
- New (2024 Update): You no longer have to wait for all Legal Financial Obligations (LFOs), such as fines and fees, to be paid before the waiting period begins. However, restitution owed directly to a victim may still affect eligibility. An expungement attorney in Port Orchard can help you determine what LFOs remain outstanding.
- No New Convictions: You must not have been convicted of any new misdemeanor or felony in any state or federal court during the waiting period.
- No Pending Charges: You must not have any criminal charges pending in any court.
- No Restraining Order Violations: You must not have violated a domestic violence protection order, no-contact order, anti-harassment order, or civil restraining order in the past five years.
Specific Waiting Periods
Waiting periods run from the date of conviction or release from confinement, whichever is later. There is no filing fee to vacate a misdemeanor or gross misdemeanor conviction at Kitsap County District Court.
- Misdemeanors and Gross Misdemeanors:
- 3 years: For most general misdemeanors and gross misdemeanors, such as simple assault, theft in the third degree, or drug possession.
- 5 years: For misdemeanors and gross misdemeanors related to domestic violence, such as domestic violence assault in the fourth degree.
- Felonies:
- 5 years: For most Class C felonies, such as some drug possession with intent to deliver charges.
- 10 years: For most Class B felonies, such as some drug possession with intent to deliver charges.
Offenses That Cannot Be Vacated
Certain serious offenses are permanently ineligible for vacation. These include:
- Class A Felonies: Such as First-Degree Murder, First-Degree Assault, Rape of a Child, and Robbery in the First Degree.
- Felony Sex Offenses: Any sex offense classified as a felony, including Second-Degree Rape, Child Molestation, and Sexual Exploitation of a Child.
- DUI Convictions: 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 43.43.830.
- Crimes Involving a Firearm or Deadly Weapon for Certain Underlying Offenses.
Eligibility turns on the details of your specific record. We’ll review your criminal history carefully to determine whether your conviction qualifies and how to proceed if it does.
