Washington Motion And Declaration For Order Vacating Conviction is a type of post-conviction relief that allows a person to have their criminal conviction removed from their criminal record. This is typically done when the conviction was unjust or the person was wrongly convicted. The motion is filed in court and must be accompanied by a declaration that explains why the conviction should be vacated. There are two types of Washington Motion And Declaration For Order Vacating Conviction. The first type is a motion to vacate a conviction based on a constitutional violation. This type of motion is based on the belief that someone’s constitutional rights were violated during the criminal proceedings. The second type is a motion to vacate a conviction based on factual innocence. This type of motion is based on the belief that the person was falsely accused or wrongly convicted of a crime.
Washington Motion And Declaration For Order Vacating Conviction
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FAQ
In Washington, you can vacate certain felony and misdemeanor convictions. Once your conviction is vacated, you can truthfully and legally say that you were never convicted of that crime. A "vacated" conviction does not appear on a Washington State Patrol background or an FBI background check.
Vacated means your conviction is officially removed from your criminal record, which means it will not appear on a state or federal background check. In Washington, criminal convictions cannot by expunged. Only non-conviction law enforcement records can be expunged.
In Washington, you must have spent at least three (3) crime-free years in the community without having any criminal convictions before you are eligible to vacate your misdemeanor conviction. The mandatory 3-year waiting period clock does not begin until you have completed the terms of your sentence.
To vacate a judgement, the standard seems to be "innocent unless proven guilty"; for an exoneration it seems to be "guilty (not exonerated) unless proven innocent".
The law does not automatically vacate your record of felony conviction. If you want to have a record of felony conviction vacated, you must file a motion with the court in which you were convicted.
Motion to vacate?Time limitation. The proceedings to vacate or modify a judgment or order for mistakes or omissions of the clerk, or irregularity in obtaining the judgment or order, shall be by motion served on the adverse party or on his or her attorney in the action, and within one year.