Expungement of Criminal Records in the State of Washington

 

In Washington, being arrested and charged with a crime will lead to more than just the possibility of fines, probation, and jail time. Whether or not you are ever found guilty of the crime, simply being arrested means that you will now carry a criminal record with you. For the rest of your life.

 

Most of you out there are probably saying, “Big deal, it’s just a piece of paper,” but for those of you actually dealing with it, you know what an embarrassing and debilitating hassle it can be to have a criminal record. You can lose out on jobs, apartments, loans, credit cards – you can’t even be licensed for some things!

 

This is because people in the public can access your criminal record and see the charges against you every time they do a background check, and once they see that, most of the time they’ve already written you off because people with criminal histories are considered higher risk and most people don’t want to do business with them.

 

That’s where expungement comes in. In the state of Washington, the government utilizes a process called expungement that lets some people in certain circumstances seal their criminal records away so that no one in the public can have a look at them. Moreover, if anyone asks, you’ll legally be able to tell people you were never arrested in the first place. It’s like getting a fresh start.

 

How can I get my Washington criminal record expunged?

 

Well, first you have to qualify. If you do, it is in your best interests to hire a lawyer to help you go over all the ins and outs of Washington expungement law and lead you through the process. Get the lawyer who originally handled your case if you can, because they will be the best person to consult about the specific circumstances you went through, but if they are unavailable, at least confirm that your counsel has Washington expungement experience. They can ensure that your application for expungement is correct before you submit it to the court, because you don’t want to give the judge any excuse to turn you down.

 

Who qualifies for expungement in Washington?

 

Underage offenders who have only a single conviction that does not involve a sexual offense of any kind and who pay all necessary fines are eligible under Washington law to have their records sealed when they reach 18 years of age. If, however, they are charged with a later felony offense, those juvenile records can be unsealed and used against them in the new case as a prior offense. This will mean that they will face harsher penalties than if they were actually a first-time offender.

 

It is also possible for some adult offenders to seek expungement, but the rules differ depending on the type of crime they committed.

 

Felonies – Adult felony offenses have largely the same requirements for eligibility as juveniles: the offenders must complete whatever sentence they were given, including probation and paying fines. They also can’t have any pending charges filed against them, and the original conviction cannot have been for a crime of a sexual nature or have involved them causing another person bodily harm. And if the crime is considered a Class A felony, it is simply ineligible for expungement.

 

Misdemeanors – Expungement for adult misdemeanor crimes will be denied if the crime in question didn’t involve intoxication, was for an offense of a sexual nature, or there is a court order of protection against you. For all other misdemeanor crimes, you simply need to wait out the time period that has been designated before applying for expungement and make sure that you have no pending convictions.

 

The waiting period for Washington expungements

 

Expungement in Washington is only granted to first-time offenders, so to ensure that habitual criminals are not having their records sealed away, the state has imposed waiting periods before a person may apply to have their record expunged. During this time, if they are arrested and charged for another crime, they will not be able to expunge their original offense.

 

Misdemeanor offenders are required to wait for two years before they can apply for expungement. Those charged with a Class C felony will need to wait 5 years, and for a Class B felony, the wait doubles – to 10 years. After such time, if the individual has maintained a clean record, they are allowed to apply for criminal record expungement.