Record Sealing Attorneys in Tacoma, WA
Helping Clients Move Forward With Their Lives
If you have a criminal record, you may find achieving many of your life goals challenging. A conviction can prevent you from obtaining gainful employment, professional licenses, and firearms. A quick background check that discloses a criminal conviction can quickly take you out of the running for a job or prevent you from enrolling in the school of your choice.
One of the benefits of hiring a record sealing attorney is that they can work to have past criminal records expunged and a conviction vacated. Due to the legal complexities associated with the expungement process, it is advisable to hire an attorney to help you achieve a positive outcome.
Contact South Sound Law Group today to schedule a free case evaluation with a qualified legal team member who will gladly review your case.
What Does it Mean to Vacate a Conviction?
Under Washington law, an individual can try to have a conviction vacated, meaning that the court will “set aside” a prior conviction. Once the prior conviction is vacated, it is as though it never happened, and an individual can truthfully state they have not been convicted of a criminal offense.
It is essential to note that although a conviction may be vacated, it remains visible to law enforcement authorities and may be considered in future sentencing proceedings. Anyone considering having a conviction vacated must consult a knowledgeable attorney who can assist them with the legal process.
An attorney can help you determine eligibility and then file a motion with the court and the prosecutor’s office to vacate the conviction. A judge will then hold a hearing to determine if the motion to vacate your criminal conviction should be granted and will issue a court order if granted.
What is the New Hope Act?
Under the state’s New Hope Act, individuals were allowed to vacate more than one conviction, including felony offenses that were previously disqualified. The Act is designed to help those who qualify to have a clean slate, enabling them to find employment, housing, and support in overcoming their unique challenges.
The New Hope Act also streamlined the process of having convictions vacated by reducing waiting periods. Even with the change in rules, individuals with convictions must still meet eligibility requirements, including having served all their sentences, not having any current orders of protection against them, and not facing any current criminal charges.
Charges that may be vacated include some misdemeanors and Class B and C felonies. Although the New Hope Act does provide relief for many criminal convictions that were previously disqualified, not all cases are eligible. Criminal convictions that are not eligible for vacation include Class A felonies such as first or second degree murder, child molestation, or violent sex offenses. Furthermore, the Act does not restore gun rights.
What is the Expungement Process in Washington?
Many people use the terms “vacate” and “expunge” interchangeably; however, there are distinct differences under state law. In Washington, expungement refers to the removal of all non-conviction data, including arrest and other case-related information, from the public record.
The Washington State Patrol (WSP) manages the expungement process, which involves submitting a request that identifies the information to be removed and providing fingerprints to confirm eligibility. Individuals who wish to have a criminal record expunged must often wait at least two years since the case was dismissed or three years if no charges were pursued. Additionally, anyone seeking an expungement must not be on probation, have pending criminal charges, or have a prior conviction for a gross misdemeanor or felony.
Why Should I Choose Your Law Firm to Help Me Vacate a Criminal Conviction?
If you have been convicted of a crime and want to make a fresh start, you may be able to have your case vacated. Although the state has made it easier to vacate or expunge convictions, the process can be confusing.
When you come to South Sound Law Group for legal assistance, we will determine if your case meets the legal requirements to be vacated. Although felonies can be vacated, only Class B or Class C felonies are eligible.
For example, ensuring you have all the necessary information is one of the most vital aspects of the process. Our skilled legal team can assist with the document gathering process to ensure your case goes smoothly. Our attorneys have a proven track record of helping clients achieve the fresh start they need, enabling them to face the future confidently.
Contact our Tacoma law office today at 253-465-2722 to schedule a free case evaluation. This will allow us to determine the legal options that best suit your needs.