A criminal record can affect a person for many years after they have completed their sentence. A person who was convicted of a crime may lose housing, employment, child custody and education opportunities. These losses can make it difficult for people to restart their lives after completing a criminal sentence.
People who have been charged with a crime might later be able to seek to vacate their criminal record. Vacation offers people the opportunity to legally remove and dismiss a criminal conviction. By dismissing a criminal conviction, it can potentially help people seek opportunities without facing certain stigmas.
While many convictions can be vacated in Washington, not everyone is eligible for vacation. Here is what you should know:
Who is eligible for vacation?
Though vacating felony convictions was developed in 1984 as part of the Sentencing Reform Act, the New Hope Act of 2019 alters eligibility for vacating felonies and misdemeanors. The New Hope Act gives broader eligibility and fewer limitations for vacating a criminal conviction.
The requirements to vacate a criminal conviction include:
- No pending criminal charges
- A filed certificate of discharge
- No class A felony or violent offenses
If these requirements are met, a court can sign off on the order and grant a vacation.
What is next after vacating a criminal conviction?
Once a criminal conviction is vacated, the conviction will typically not appear during background checks. A person who has vacated their criminal record can legally say they were never convicted of a charge. This form of post-conviction relief can help people find jobs and housing.
Professional legal guidance can help people explore their post-conviction relief options.