Clearing a criminal record can be life-changing, but not everyone who files for expungement in Washington is successful. The courts review each petition carefully, and certain factors can lead to denial. Understanding these reasons can help avoid delays or rejections in the process.
Here are some crucial points to keep in mind.
Ineligibility under state law
Washington law sets specific criteria for who can expunge or vacate a record. Some offenses, such as DUI or certain violent crimes, are not eligible. A petition will be denied if the conviction does not qualify under RCW 9.94A.640 or other applicable laws. Ineligibility is one of the most common reasons petitions are rejected.
Unmet waiting periods
The law requires individuals to wait a certain number of years after completing all terms of their sentence. The length of the waiting period depends on the type of offense. For example, misdemeanors may require a three-year wait, while felonies could require five or more. Filing too soon will almost always result in a denial.
Outstanding legal obligations
Before the court will grant an expungement, all legal obligations must be fulfilled. This includes paying restitution, completing probation and satisfying court fines. A record of unpaid fines or unfinished probation can cause a petition to be rejected.
Recent criminal activity
Expungement is more likely to be granted when the individual has remained crime-free. Any new convictions or pending charges can lead to a denial. Washington courts want to see a clear effort to stay out of trouble since the original offense.
Incorrect or incomplete paperwork
Filing errors can also lead to denial. If the petition is missing documents or contains incorrect information, the court may reject it outright. Double-checking all forms and confirming eligibility can help avoid this outcome. Expungement is a rewarding but complicated process. That’s why it’s crucial to have legal guidance behind you.