Washington CrRLJ 09.0100 - Motion and Declaration for Order Vacating Conviction
Definition and meaning
The Washington CrRLJ 09.0100 - Motion and Declaration for Order Vacating Conviction is a legal document used to request the court to vacate a previous conviction. This motion is relevant for individuals who have been convicted of misdemeanor or gross misdemeanor offenses and seek to have their criminal record modified under specific circumstances defined by Washington state law.
Who should use this form
This form is intended for individuals who have been convicted of a misdemeanor or gross misdemeanor in Washington state and believe they meet the criteria for vacating their conviction. Specifically, it can be used by those with no pending criminal charges, those whose convictions do not involve excluded offenses, and those who fulfill other eligibility conditions outlined in the relevant statutes.
Key components of the form
The primary sections of the form include:
- Motion: The request for the court to vacate the conviction.
- Declaration of Defendant: A detailed statement outlining the applicant's convictions, eligibility, and compliance with legal requirements.
- Eligibility Criteria: Specific conditions the applicant must meet, such as the time since the conviction and the nature of the offense.
How to complete a form
To complete the Washington CrRLJ 09.0100, follow these steps:
- Fill out your personal information and details regarding your conviction(s).
- Check applicable boxes to indicate the nature of your convictions and any related circumstances.
- Make sure to sign and date the declaration, affirming that the information provided is true to the best of your knowledge.
Common mistakes to avoid when using this form
When submitting the motion and declaration, consider avoiding these common errors:
- Failing to provide accurate and complete details about previous convictions.
- Not checking all relevant eligibility boxes that apply to your situation.
- Submitting the form without a signature or the necessary supporting documents.
Benefits of using this form online
Utilizing the Washington CrRLJ 09.0100 online can offer several advantages, including:
- Convenience: Access the form anytime from anywhere, making it easier to complete.
- Instant Updates: Ensure you have the latest version of the form and any required changes or requirements.
- Guided Steps: Some online platforms provide guidance to assist you in accurately completing the form.
Form popularity
FAQ
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.
Washington law does not allow you to remove any record of conviction in Washington, regardless of whether it is a felony, gross misdemeanor, or misdemeanor.
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.
In Washington State you cannot expunge any conviction, however, three years after you are off probation you can petition the court to vacate the conviction.
A gross misdemeanor is any crime that isn't classified as a plain misdemeanor or a felony in Washington. The maximum punishment for a gross misdemeanor is 364 days in county jail and/or a fine of up to $5,000.
A gross misdemeanor is any crime that isn't classified as a plain misdemeanor or a felony in Washington. The maximum punishment for a gross misdemeanor is 364 days in county jail and/or a fine of up to $5,000.
Also, assuming certain factors are met, you can have a reckless driving conviction vacated from your record. A DUI conviction in Washington will stay on your record for life. The maximum probationary term for reckless driving is 24 months, less than the term of 60 months for a DUI conviction.
A misdemeanor conviction can be expunged in Washington so long as the following requirements are met: If your conviction is not for a domestic violence offense, you must wait three years after completing all conditions of your sentence. This includes probation and legal financial obligations.
Washington state has a new law called the New Hope Act.This law makes it easier to vacate criminal convictions. You can now vacate more types of misdemeanor convictions. You can also now have multiple misdemeanors vacated all at once, or at different times.