A criminal conviction is likely to have a lasting negative impact on an individual’s future. People who cannot pass background checks may lose out on certain opportunities. Many landlords perform background checks. It is common practice for employers to look at individuals’ criminal records before hiring or promoting them. Criminal records can come into play when people seek enrollment at institutions of higher education or financial aid from private scholarship programs.
Any conviction, including convictions for misdemeanor offenses, can hold people back from making the most of their lives after they serve the sentences imposed by the courts. Vacating a prior conviction is one of several forms of post-conviction relief available to people in Washington state.
What does it mean to vacate a conviction?
Vacating a conviction is not the same as expunging a record. Expungement refers to the act of sealing a record. Typically, expungement relates to arrests that did not lead to charges or charges that the state dismissed. People can prevent those blemishes from turning up during background checks by pursuing an expungement.
Vacating a criminal conviction is different. Essentially, people ask the courts to set aside the conviction. The state does not seal the records, but the defendant can earnestly say that they do not have a conviction on their record if they qualify to vacate a conviction.
What are the eligibility requirements?
Typically, anyone requesting the vacation of a Washington state misdemeanor must avoid additional criminal controversy. When people apply to vacate a misdemeanor conviction, they cannot have any pending charges in Washington or any other jurisdiction, including tribal courts.
They also need to wait at least three years after the courts sentenced them or they completed their incarceration or probation. Typically, the latest date that applies is the date that counts when seeking post-conviction relief.
Additionally, the charge needs to be eligible for post-conviction relief. The state does not vacate convictions related to drunk driving, sex offenses, obscenity/pornography offenses and violent crimes. Misdemeanors related to drugs or shoplifting, on the other hand, might be eligible. The process can be complex, and small mistakes could lead to the courts denying the request.
Attempting to vacate a misdemeanor conviction is a process that usually requires legal support. People hoping to move on with their lives need help eliminating a blemish that could affect their opportunities for years to come, and that’s okay.