Washington Order On Motion Re Vacating Conviction is a legal order issued by a Washington State court in response to a motion to vacate a criminal conviction. This order grants the motion and vacates the conviction, meaning that the conviction is erased from the record and the defendant's civil rights are restored. There are two types of Washington Order On Motion Re Vacating Conviction: (1) Vacation of Conviction and Dismissal and (2) Vacation of Conviction and Stay of Execution. The former vacates the conviction and dismisses the charges and the latter vacates the conviction and stays execution of the sentence. In either case, the conviction is erased from the record and the defendant's civil rights are restored.
Washington Order On Motion Re Vacating Conviction
State:
Washington
Control #:
WA-SKU-2935
Format:
Word
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Order On Motion Re Vacating Conviction
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FAQ
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.
Misdemeanor: 3 Years. Gross Misdemeanor: 3 Years. Class A Felonies, sex offenses, and felony DWI offenses are not eligible to be vacated.
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.
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.
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.
You can expunge most Washington misdemeanor convictions. This includes domestic violence charges, assault charges, malicious mischief charges, harassment charges, and trespass, to name a few. Washington does not allow you to expunge DUI or Physical Control charges.