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Washington CrRLJ 09.0150 - Notice of Motion for Order Vacating Conviction

State:
Washington
Control #:
WA-1013-08
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PDF; 
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Description

This is an official Washington criminal court form, a Notice of Motion for Order Vacating Conviction.

How to fill out Washington CrRLJ 09.0150 - Notice Of Motion For Order Vacating Conviction?

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FAQ

Your misdemeanor or gross misdemeanor conviction may be vacated if: more than three years have passed since you completed all the terms of your sentence. no criminal charges are pending against you and you have not been convicted of a new crime.

Dismissed: means the court or prosecutor has decided the charge against you should not go forward, terminating the case.Vacated: means the court has withdrawn the guilty plea or set aside the guilty verdict, and for all purposes you may state you have never been convicted of that crime.

Expungement vs. Record Sealing. The key difference between expunging a person's criminal record and sealing it is that a sealed record still exists in both a legal and physical sense, while expungement results in the deletion of any record that an arrest or criminal charge ever occurred.

When a conviction is vacated under state law, you can state that you have never been convicted of a crime even when completing employment applications.When a conviction is vacated, the guilty plea is withdrawn and the court dismisses the case, releasing you from all penalties and disabilities.

To vacate any felony conviction, it remains a mandatory requirement that a person must first obtain from the court a Certificate of Discharge. (RCW 9.94A. 637). A person qualifies for a Certificate of Discharge once they complete all conditions of sentence.

A vacated judgment makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions.

Vacate means they change the record to reflect the case being dismissed. Expunged means they destroy the record. There is also sealed, which means the record is no longer publicly available.

In some states, once sealed or expunged, all records of an arrest and/or subsequent court case are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged.

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Washington CrRLJ 09.0150 - Notice of Motion for Order Vacating Conviction