Vacating a criminal conviction can help people move on from their prior mistakes or misunderstandings. Once enough time has passed, people with eligible criminal records can ask the courts to vacate prior convictions, which may ultimately expand that person’s opportunities in life.
In addition to the offense itself meeting statutory requirements, the person applying must also ensure that their circumstances meet all standards set by the state. There are a handful of complicating factors, including the three issues briefly explained below, that could make a person at least temporarily ineligible to vacate a conviction.
1. A subsequent conviction
People with multiple convictions on their records may not be eligible to petition the courts to vacate a conviction. Even if they might qualify in some cases, they can only vacate the most recent conviction and not the prior offense that they hope to vacate.
2. A current or prior protection order
The Washington District Courts can issue multiple types of protection orders, including stalking and domestic violence protection orders. Generally speaking, those applying to vacate a conviction cannot be currently subject to a protection order. They should not have been subject to a protection order within the last five years.
3. Pending criminal charges
Those facing new charges might hope to vacate a prior offense before the new case goes to trial. Unfortunately, pending criminal charges also typically make people ineligible to vacate a prior conviction.
Reviewing personal circumstances and the records from a conviction with a skilled legal team can help people determine if they are eligible to vacate the record of their prior offense. The support of an attorney can make post-conviction relief more accessible and can help people navigate the often confusing process of vacating a criminal conviction successfully.