Washington Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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Multi-State
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US-02243BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

Generally speaking, Washington allows you to expunge most Class C felonies and some Class B felonies. You cannot petition a court to expunge Class A felonies. Nor can you vacate a violent offense under RCW 9.94A.

For a more in-depth look into the process and the specific conditions that must be met to vacate a conviction in Washington state, read on. A felony conviction will remain on your criminal record indefinitely, unless you take action to have it removed through the expungement process.

The New Hope Act and Felonies The New Hope Act makes it possible to vacate Second-Degree Robbery, Second-Degree Assault, and Third-Degree Assault charges, all of which used to be permanently prohibited as ?Crimes Against Persons.? There are some limits, though.

In Washington State, background checks usually go back seven years, following the FCRA guidelines. However, some types of background checks, such as those for positions with high security or trust, may delve further into an individual's history.

The Washington State Fair Chance Act limits use of criminal records in advertisements, applications, and the hiring process. The Washington State Office of the Attorney General's Civil Rights Division oversees the administration of this law. For more information, please visit their website by clicking here .

Once you have your criminal history, you can determine whether you are eligible for expungement. If you are, you must mail a completed copy of the WSP Request for Expungement / Deletion of Non-Criminal Records to Washington State Patrol, Criminal History Records Section, P.O. Box 42633, Olympia, WA 98504-02633.

Washington law permits some people who have completed the terms of their sentence and then spent a number of years in the community with no other convictions to "vacate" or set aside the conviction. Contact the ACLU if you want more information about eligibility to vacate or seal.

The CRA prohibits consumer reporting agencies from including convictions that are more than seven years old from the date of disposition, release or parole. Most employers use private agencies, so the seven-year rule will typically apply.

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Washington Petition for Expungement of Record in Case of Acquittal and Release without Conviction