Washington Affidavit in Support of Motion to Order Expungement of Criminal Record

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US-02246BG
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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

The judge will hear your motion for order vacating record of felony conviction on the day scheduled for the hearing. You will need to attend the hearing. Bring a proposed order vacating the records of your felony conviction for the judge's signature. If the motion is granted, the judge will sign the order.

First, you have the file a written motion to seal with the proper court and request a hearing. The proper court is the court in which your case was heard. Second, you have to notify the prosecutor's office. You will also have to notify the crime victim (if applicable).

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.

Expungement means your records are physically destroyed. Vacated means your conviction is officially removed from your criminal record, which means it will not appear on a state or federal background check.

You can apply for a National Police Certificate, which automatically includes a request for any eligible WA convictions to be spent. You don't need to complete a separate application about spent convictions. There is a fee to get a National Police Certificate.

What Does It Mean When a Conviction is Vacated? If your motion to vacate is granted, you will have the opportunity to withdraw your plea and enter a new one. Having your motion granted does not mean your charges are dropped. It merely allows you to enter a new plea and may result in a new trial.

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.

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Washington Affidavit in Support of Motion to Order Expungement of Criminal Record