In Washington, there are two options for helping you to clear a criminal record. While some people use these two options as interchangeable methods, they are actually considerably different. Both aim to reduce the long-term consequences of a criminal record, but they operate in different ways and apply in different circumstances.
Expungements of adult convictions aren’t technically allowed in this state. Instead, the state uses the term “vacation of conviction” for these cases, but it’s only applicable for certain convictions. This means the court withdraws the guilty plea or verdict. It then dismisses the case. Once this is done, the person isn’t considered to have been convicted of the offense, so it won’t show up on most background checks.
An expungement in Washington refers to the deletion of data that’s not related to a conviction. This can include records from arrests as long as they didn’t lead to a charge or were associated with a dismissal.
Why does the difference matter?
The difference matters because vacating a conviction has more significant relief. This is especially true when it comes to housing, employment and civil rights restoration. This legally changes the criminal record, while an expungement only removes limited information.
Understanding these options, what cases they can apply to and the result of each can help you to determine how to move forward. These petitions can be complex, and they must be handled precisely, so it may be beneficial to work with someone familiar with these matters. This may help individuals who want a fresh start, despite their criminal history, to regain the rights they’re missing out on.